COMMISSION    REGULATION 
OF   PUBLIC  UTILITIES 


A    COMPILATION    AND    ANALYSIS    OF    LAWS    OF 
FORTY-THREE    STATES    AND    OF    THE    FED- 
ERAL    GOVERNMENT     FOR     THE     REGU- 
LATION  BY  CENTRAL  COMMISSIONS 
OF    RAILROADS    AND    OTHER 
PUBLIC    UTILITIES 


^\^  '<^ 


\-y 


THE  NATIONAL  CIVIC  FEDERATION 

Department  on  Regulation  of  Interstate  and 
Municipal    Utilities 

NE\A^   YORK 

1913 


This  volume  was  prepared  as  a  part  of  an  investigation  of  public 
utility  regulation  under  the  direction  of  the  Executive  Council  of  the 
Department  on  Regulation  of  Interstate  and  Municipal  Utilities  of 
The  National  Civic  Federation. 

Emerson  McMillin,  Chairman. 

Franklin  Q.  Brown,   Vice  Chairman. 

John  H.  Gray,  Secretary  and  Director  of  Investigation. 

Edward  M.  Bassett. 

Martin  S.  Decker. 

Halford  Erickson. 

William  D.  Kerr. 

Franklin  K.  Lane. 

Blewett  Lee. 

Mild  R.  Maltbie. 

Arthur  Williams. 


William  D.  Kerr,*  Editor. 
Bruce 'W,ViiiA,H;  Cp\Lnsel.': 
I.  Leo  Sharfman,  Chief  Investigator. 


Copyright.  1913,  by  The  National  Civic  Federation 


>v 


CONTENTS 

PAGE 

Introduction 5 

Jurisdiction  of  Commissions  and  Definitions 15 

Chapter  I. —Organization  of  Commissions 63 

Chapter  II. — General  Powers  of  Commissions iii 

Chapter  III. — Basis  of  Rate  Making 173  \^ 

Chapter  IV. — Establishment  and  Change  of  Rates 213 

Chapter  V. — Publicity  of  Rates 369 

Chapter  VI. — Discrimination  in  Rates  and  Service 420 

Chapter  VII. — Service 579 

Chapter  VIII. — Safety  of  Operation 651 

Chapter  IX. — Accounts 693 

Chapter  X. — Reports 715 

Chapter  XL — Franchises 799 

Chapter  XII. — Stock  and  Bond  Issues 849 

Chapter  XIII. — Intercorporate  Relations 907 

Chapter  XIV. — Commission  Procedure  and  Practice       ...        .        .        .  923 

Chapter  XV. — Enforcement 1035 

Addenda           1226 

Index  of  Sections 1231 

Index  of  Subjects            1259 


285403 


INTRODUCTION 

SCOPE  AND   METHOD   OF   COMPILATION  AND 
ANALYSIS   OF  LAWS 

PAGE  PAGE 

Purpose 5      Jurisdiction  and  definitions 1 1 

Manner  of  preparation 5      Scope  notes 12 

Scope  of  compilation  and  analysis. .     6  Analysis  of  chapters  into  minor 

Selection  of  material 7          divisions 12 

Nature  of  discarded  material 7      Cross  references 13 

Form  of  material 8      Index  of  sections 13 

Presentation  of  material 9      Subject  index 13 

Identification  of  provisions 9      Addenda 14 

Analysis  of  material  into  chapters. .     9      Conclusion 14 


Purpose.  This  compilation  and  analysis  of  laws  was  prepared 
as  a  part  of  an  investigation  of  public  utility  regulation  begun  in 
February,  191 2.  The  Department  on  Regulation  of  Interstate  and 
Municipal  Utilities  of  The  National  Civic  Federation,  organized  to 
conduct  the  investigation,  was  confronted  with  the  necessity  of 
having  in  usable  form  existing  statutory  enactments.  The  organ- 
ization of  the  department  included  an  Executive  Council,  or  board  of 
directors,  each  member  of  which  represented  a  subcommittee  with  a 
membership  of  from  a  half  dozen  to  1 5  or  more.  The  actual  drafting  of 
a  report  was  referred  in  the  first  instance  to  the  several  subcommittees. 
To  present  the  statutory  situation  on  their  particular  subjects  to  the 
membership  of  each  of  the  subcommittees  required  the  printing  of 
the  statutes  when  compiled  and  analyzed  by  the  investigating  staff. 
Recognizing  the  value  to  attorneys,  operating  officials  of  public 
utilities  and  the  public  generally  of  the  material  thus  necessarily 
prepared  for  committee  use,  the  Council  authorized  the  preparation 
of  a  voliune  containing  all  of  the  statutory  material  so  gathered  and 
analyzed,  suitably  cross-referenced  and  indexed  for  general  use. 
While  the  special  purpose  for  which  it  was  prepared  originally  has 
tended  throughout  to  narrow  the  scope  of  the  compilation  and 
analysis  of  laws,  the  ultimate  value  of  the  work  to  the  public  has 
prompted  liberal  treatment  of  most  topics. 

Maimer  of  Preparation.     The  preparation  of  this  volume  re- 


quired  t!i6,g;i'tlie.rihg;of  stat.utes  of  43  states  and  the  federal  govern- 
ment, the  physical  dismeriiberment  thereof  section  by  section,  and 
sometimes  sentence  by  sentence,  and  the  classification  and  arrange- 
ment of  the  individual  points  into  a  compact  and  harmonious  whole. 
The  process  might  be  likened  to  separating  from  a  haystack  wisps  of 
a  particular  kind  and  sorting  them  according  to  some  300  charac- 
teristics determined  while  the  work  was  in  progress.  To  have  se- 
lected from  the  laws  of  any  jurisdiction  sections  relevant  to  the  in- 
vestigation and  arranged  them  in  numerical  sequence  under  the 
name  of  that  jurisdiction  would  have  been  comparatively  simple. 
But  in  this  work  analogous  material  from  each  of  44  different  juris- 
dictions relating  to  some  300  different  topics  has  been  brought  to- 
gether in  one  place  and  edited  on  a  uniform  basis.  The  scope  of  the 
topics  necessarily  had  to  be  developed  as  the  work  progressed.  The 
entire  plan  of  handling  the  material  represents  a  process  of  evolution 
based  on  day-to-day  experiences.  The  actual  work  of  gathering  the 
statutes  began  February  23,  191 2.  The  preliminary  draft  of  the 
text  of  the  compilation  and  analysis  of  laws  was  completed  the  last 
day  of  the  year.  Two  months  in  addition  were  devoted  to  supple- 
menting the  text  with  material  theretofore  unclassified  and  necessary 
indexing  and  cross-referencing.  Page  proof  copies  of  three-fourths 
of  the  work  were  submitted  to  the  members  and  secretaries  of  the  46 
commissions  for  corrections  of  references  to  the  laws  of  their  states. 
Nimierous  individuals  and  organizations  examined  and  commented 
in  detail  on  the  method  employed  and  the  completeness  of  the  in- 
dividual chapters.  All  comments,  suggestions  and  criticisms  were 
examined  in  detail  and  were  followed  whenever  they  appeared  well- 
advised  and  consistent  with  the  plan  of  the  work.  Within  its  scope, 
the  compilation  and  analysis  of  laws  is  practically  complete. 

Scope  of  Compilation  and  Analysis.  Commission  regulation 
of  public  utiHties  being  the  object  of  the  investigation,  it  was  natural, 
in  the  search  for  material,  to  limit  the  field  to  commission  jurisdictions. 
The  material  displayed,  therefore,  represents  44  jurisdictions:  The 
federal  act  to  regulate  commerce,  with  its  amendments  and  supple- 
ments, and  the  laws  of  the  43  states  which  in  1912  had  central  com- 
missions for  the  regulation  of  utilities.  The  states  of  Delaware,- Idaho, 
Utah,  West  Virginia  and  Wyoming  are  not  represented  because  they 
have  no  commissions,  although  there  exists  in  each  of  these  states  a 
considerable  body  of  law  the  purpose  of  which  is  to  provide,  by  direct 
legislative  enactment  without  administration,  a  proper  public  regula- 
tion of  public  service  undertakings.  This  legislation  was  carefully  ex- 
amined for  any  contributions  it  might  make  towards  a  thorough 


understanding  of  the  field  of  public  regulation,  but  none  of  it  has 
been  given  a  place  in  this  compilation  and  analysis  of  laws. 

Selection  of  Material.  Merely  to  limit  the  work  to  laws  of 
commission  jurisdictions  does  not  establish  a  distinct  line  of  de- 
marcation between  the  material  that  has  been  used  and  the  material 
that  has  been  discarded.  A  large  mass  of  statutory  provisions, 
even  in  the  commission  states,  appears  as  duties  imposed  upon 
utilities,  in  the  form  both  of  orders  and  prohibitions,  rather  than  as 
powers  conferred  upon  commissions.  For  the  proper  enforcement 
of  many  of  these  provisions  authority  is  vested  in  commissions. 
But  since  the  source  of  this  authority  is  usually  a  provision  entirely 
distinct  from  the  provisions  imposing  these  duties  upon  utilities,  and 
since,  too,  this  authority  increasing  the  direct  powers  of  commissions 
by  a  sort  of  "incorporation  by  reference"  is  usually  stated  in  very 
general  terms,  it  becomes  a  matter  of  no  little  difficulty  to  determine 
the  exact  scope  of  commission  authority  and  to  decide  what  por- 
tions of  the  statutory  material  rightfully  deserve  a  place  in  a  work  of 
the  nature  of  this  compilation  and  analysis  of  laws.  This  difficulty 
was  handled  with  the  best  judgment  at  the  disposal  of  the  investi- 
gating staff.  It  was  often  a  task  of  equal  difficulty  to  determine  who 
far  a  recent  law  superseded  older  legislation  or  merely  added  to  it 
In  some  cases  no  absolute  decision  on  this  point  can  possibly  be 
reached  except  by  judicial  determination.  This  matter  was  likewise 
handled  with  the  best  judgment  available.  It  becomes  obvious, 
however,  that  much  of  the  legislative  material  in  commission  juris- 
dictions, though  carefully  examined,  was  necessarily  omitted  from 
the  work  as  at  present  published.  Two  principles  exerted  a  large  in- 
fluence in  the  selection  of  material  in  these  doubtful  cases.  First, 
recent  legislation  was  usually  given  the  preference  over  older -laws. 
The  object  in  view  was  to  present  a  living  idea  of  the  statutory  sit- 
uation as  it  is  to-day,  and  this  involved  a  greater  emphasis  upon 
present  tendencies  than  upon  old  achievements  in  legislation.  In  the 
second  place,  there  was  less  hesitancy  in  discarding  material  which 
has  already  been  well  digested  and  the  effect  of  which  has  crystal- 
lized into  more  or  less  fixed  legal  rules  than  provisions  the  applica- 
tion of  which  is  stUl  in  the  experimental  stage.  To  a  large  extent 
this  likewise  involved  a  contrast  between  old  and  new  legislation,  but 
it  also  involved  a  distinction  between  the  kinds  of  utilities  regulated. 
Railroad  law,  for  example,  was  much  more  readily  discarded  than 
provisions  regulating  telephones,  telegraphs,  gas,  electricity,  water, 
etc. 

Nature  of  Discarded  Material.     The  nature  of  the  important 


classes  of  discarded  material  can  be  indicated  readily.  Provisions  of 
general  corporation  law  have  been  excluded.  They  open  up  a  large 
field  of  legislation  which  applies  for  the  most  part  to  ordinary  indus- 
trial corporations  no  less  than  to  public  service  undertakings.  These 
provisions  involve,  among  numerous  minor  matters,  questions  of 
incorporation  and  organization,  eminent  domain  and  locations,  and 
the  entire  problem  of  the  taxation  of  corporations.  By  the  omission 
of  this  material  the  provisions  on  franchises,  stocks  and  bonds,  and 
intercorporate  relations  have  been  largely  narrowed.  Again,  maxi- 
mum rate  laws,  even  when  enforcement  has  been  left  to  commissions 
have  been  excluded  generally.  They  represent  temporary  public  dis- 
content rather  than  wise  policies  of  public  regulation,  The  material 
dealing  with  the  regulation  of  rates  has  been  narrowed  thus  to  no 
small  extent.  In  like  manner,  provisions  prescribing  by  legislative 
enactment  specific  facilities  and  standards  of  service  and  specific 
safety  appliances  and  standards  of  safety,  even  when  enforcement 
is  left  to  commissions,  have  been  excluded.  These  laws  are  exam- 
ples of  the  old  system  of  direct  legislative  regulation.  The  present- 
day  tendency  is  to  confer  upon  administrative  commissions  sufficient 
authority  for  effective  regulation  in  these  matters.  By  the  omission 
of  this  material  the  provisions  on  the  regulation  of  service  and  safety 
of  operation  have  been  largely  narrowed.  Material  dealing  with  the 
regiilation  of  municipally  owned  utilities  has  also  been  excluded. 
Though  most  of  the  fundamental  principles  of  public  regulation  may 
be  applied  universally,  regardless  of  the  seat  of  ownership,  attention 
in  this  investigation  has  been  directed  entirely  to  privately  owned 
utilities.  These  represent  the  important  classes  of  discarded  mate- 
rial. The  omission  of  less  important  provisions  in  a  work  of  this 
sort  is  self-explanatory. 

Form  of  Material.  Whenever  language  has  been  of  the  essence 
the  provisions  have  been  given  verbatim,  as  they  appear  in  consti- 
tutions and  statute  books.  This  has  been  found  to  be  necessary 
with  practically  all  of  the  substantive  material  conferring  authority 
upon  commissions  directly  or  leaving  to  commissions  the  enforce- 
ment of  duties  imposed  upon  utilities.  Paraphrasing  has  been  em- 
ployed only  in  the  omission  of  useless  words  and  phrases  where  the 
scope  or  meaning  of  the  grants  of  power  could  not  possibly  be 
affected.  The  summary  form  has  been  used  only  in  the  few  instances 
where  facts  alone  were  involved  and  language  had  no  substantive 
value,  the  employment  of  this  summary  form  being  limited  to  Chap- 
ter I,  dealing  with  the  organization  of  commissions.  Throughout 
the  work  the  sources  of  the  material  have  been  indicated.     Citations 

8 


are  given  for  every  provision  and  fact  included  in  the  compilation 
and  analysis  of  laws. 

Presentation  of  Material.  The  material  under  every  topic  and 
subtopic  of  each  chapter  is  displayed  by  jurisdictions  in  alphabetical 
order.  This  method  of  presentation  not  only  makes  of  the  com- 
pilation and  analysis  of  laws  a  useful  source  of  information  but  pro- 
vides for  the  reader  a  ready  basis  of  comparison  between  the  pro- 
visions of  any  one  jurisdiction  on  any  given  subject  and  similar 
provisions  of  all  other  jurisdictions.  For  the  lawmaker  this  should 
prove  of  invaluable  assistance  in  studying  the  varied  experience  of 
all  our  commonwealths.  For  utility  managers,  too,  and  especially 
for  those  who  transact  an  interstate  business,  this  localization  of  the 
provisions  of  all  jurisdictions  dealing  with  a  given  subject  should 
prove  of  large  practical  value. 

Identification  of  Provisions.  It  will  be  noted  that  the  material 
of  one  jurisdiction  is  sometimes  "identified"  with  the  material  of 
another  jurisdiction.  This  expedient  was  adopted  merely  as  a  means 
of  saving  space,  in  order  that  this  compilation  and  analysis  of  laws 
might  not  extend  to  unwieldy  proportions.  These  identifications 
depend  solely  upon  alphabetical  sequence.  The  provision  appearing 
first  in  the  alphabetical  order  of  jurisdictions  is  presented  in  full,  and 
identical  provisions  in  all  other  jurisdictions  that  follow  are  recorded 
as  identical  with  the  provision  already  displayed.  It  must  be  remem- 
bered that  the  order  of  these  identifications  has  no  historical  signifi- 
cance. Thus  it  happens  that  earlier  laws  are  sometimes  referred  to 
as  identical  with  later  laws.  The  best  examples  are  the  cases  of 
Arizona  and  California,  and  Oregon  and  Wisconsin.  The  Arizona 
law  is  really  a  copy,  almost  verbatim,  of  the  California  law;  and  the 
laws  of  Oregon  follow,  in  large  measure,  the  laws  of  Wisconsin. 
Wherever  the  provisions  are  identical,  however,  the  Arizona  and 
Oregon  laws  are  presented  in  full,  inasmuch  as  they  appear  first 
alphabetically,  instead  of  the  laws  of  California  and  Wisconsin. 
This  plan  was  adopted  solely  as  a  mechanical  convenience  for  the 
handling  of  material.  The  substance  of  the  legislative  provisions  is 
in  no  way  affected,  and  the  order  of  identification  must  not  be  taken 
as  an  evidence  of  jurisdictional  initiative  or  credit. 

Analysis  of  Material  into  Chapters.  The  compilation  and  analy- 
sis of  laws  has  been  divided  into  fifteen  parts.  The  work  opens  with 
a  chapter  on  Organization  of  Commissions.  This  chapter  includes 
the  important  requirements  of  commission  organization.  Minor 
details  are  usually  determined  by  the  commissions  themselves  and 
are  to  be  found  in  rules,  regulations  and  orders  promulgated  by  them. 


Provisions  dealing  with  the  organization  of  boards  and  offices  affili- 
ated with  commissions,  even  when  under  their  direct  supervision, 
have  been  excluded.  Chapter  II,  on  General  Powers  of  Commis- 
sions, includes  grants  of  power  which  give  commissions  general 
authority  to  regulate  utilities.  This  authority  is  found  in  the  use 
of  language  involving  general  supervision,  in  comprehensive  enumera- 
tion of  particular  powers  in  summary  form,  and  in  grants  of  special 
powers  of  such  broad  scope  as  to  amount  to  general  regulation. 
Then  follow  four  chapters  which  deal  with  the  regulation  of  rates. 
Chapter  III,  on  Basis  of  Rate  Making,  includes  provisions  prescrib- 
ing that  rates  must  be  reasonable  and  indicating  the  various  elements 
to  be  considered  and  the  various  devices  that  may  be  adopted  by 
utilities  and  commissions  in  the  establishment  of  reasonable  rates. 
Provisions  on  valuation  are  here  included  because  it  is  considered 
that  the  most  important  purpose  of  ascertaining  the  value  of  utility 
property  is  as  a  guide  to  rate  making.  Chapter  IV,  on  Establish- 
ment and  Change  of  Rates,  includes  grants  of  power  authorizing 
commissions  to  regulate  or  prescribe  the  rates  and  charges  of  utili- 
ties, and  such  provisions  as  indicate  the  procedure  to  be  followed  in 
the  exercise  of  these  powers  and  the  legal  effect  to  be  given  to  the 
rates  and  charges  so  established.  Chapter  V,  on  Publicity  of  Rates, 
includes  provisions  prescribing  publicity  in  the  establishment  and 
change  of  rates  by  utilities  or  commissions,  and  such  grants  of  power 
as  authorize  commissions  to  render  publicity  in  rate  making  effective. 
Chapter  VI,  on  Discrimination  in  Rates  and  Service,  includes  pro- 
visions regulating  the  making  of  rates  and  the  providing  of  service 
in  practice.  They  define  and  prohibit  unjust  discrimination  in  rates 
and  service  and  indicate  the  kinds  of  special  treatment  which  con- 
stitutes justifiable  discrimination.  It  includes  also  grants  of  power 
authorizing  commissions  to  determine  under  what  conditions  such 
circumstances  exist  as  make  discrimination  justifiable.  Provisions 
involving  a  refusal  to  serve  because  of  race,  business  or  profession 
have  been  excluded.  The  next  two  chapters  deal  with  the  adequacy 
and  safety  of  service.  Chapter  VII,  on  Service,  includes  provisions 
prescribing  that  adequate  service  and  facilities  be  maintained  and 
provided  for  patrons  and  utilities,  and  such  specific  grants  of  power 
as  authorize  commissions  to  render  these  requirements  effective. 
Chapter  VIII,  on  Safety  of  Operation,  includes  grants  of  power 
authorizing  commissions  to  regulate  utilities  with  regard  to  the  safety 
of  the  service  rendered.  Then  follow  two  chapters  which  deal  with 
accounts  and  reports.  Chapter  IX,  on  Accounts,  includes  grant 
of  power  authorizing  commissions  to  prescribe  systems  of  accounts 


lO 


and  to  regulate  accounting  practices.  It  includes  provisions  giving 
commissions  the  right  of  access  to,  and  inspection  of,  the  books  and 
records  of  utilities  only  insofar  as  these  rights  are  granted  strictly 
for  the  purpose  of  regulating  accounts.  Chapter  X,  on  Reports, 
includes  grants  of  power  authorizing  commissions  to  require  formal 
reports  and  elicit  general  information  from  utilities,  and  such  pro- 
visions as  impose  upon  commissions  the  duty  of  submitting  to  desig- 
nated authorities  reports  of  their  own  proceedings  and  of  the  business 
and  management  of  utilities.  Provisions  prescribing  the  filing  of 
reports  by  utilities  with  other  bodies  or  officers  than  commissions  or 
commissioners  have  been  excluded.  The  next  tliree  chapters  deal 
with  capitalization  and  competition.  Chapter  XJ,  on  Franchises, 
includes  grants  of  power  authorizing  commissions  to  regulate  com- 
petition between  utilities  by  requiring  certificates  of  convenience 
and  necessity  to  be  issued  by  commissions  as  a  condition  precedent 
to  the  acquisition  of  new  franchise  privileges  or  to  the  exercise  of 
franchise  privileges  previously  granted.  It  also  includes  the  Wis- 
consin law  on  indeterminate  franchises.  Chapter  XII,  on  Stock  and 
Bond  Issues,  includes  grants  of  power  authorizing  commissions  to 
regulate  the  capitalization  of  utiHties.  Chapter  XIII,  on  Inter- 
corporate Relations,  includes  grants  of  power  authorizing  commis- 
sions to  supervise  the  relations  of  utilities  between  themselves  with 
regard  to  finance  and  organization.  Two  chapters  on  procedure 
and  enforcement  complete  the  compilation  and  analysis  of  laws. 
Chapter  XIV,  on  Commission  Procedure  and  Practice,  includes  pro- 
visions prescribing  the  general  procedure  to  be  observed  by  com- 
missions in  the  performance  of  their  duties  and  the  conduct  of  their 
proceedings,  and  such  grants  of  power  as  authorize  commissions  to 
render  these  requirements  effective.  Provisions  involving  special 
procedure  incident  to  the  exercise  of  particular  powers  have  not  been 
repeated  here.  Chapter  XV,  on  Enforcement,  includes  grants  of 
power  authorizing  commissions  to  invoke  judicial  process  for  the 
enforcement  of  their  orders  and  prescribing  penalties  for  their  vio- 
lation, and  such  provisions  as  indicate  the  degree  of  validity  to  be 
attached  to  orders  of  commissions  and  as  prescribe  the  procedure 
and  legal  effect  of  review  of  such  orders  by  judicial  tribunals.  Pro- 
visions involving  special  enforcement  machinery  incident  to  the 
exercise  by  commissions  of  particular  powers  have  been  here  excluded. 

Jurisdiction  and  Definitions.  The  preliminary  chapter  on  Juris- 
diction of  Commissions  and  Definitions  is  not  incorporated  in  the 
body  of  the  text  of  the  compilation  and  analysis  of  laws  for  the  reason 
that  it  contains  itself  no  substantive  provisions  but  in  the  last  analy- 

ij 


sis  is  an  interpretative  guide  to  an  understanding  of  all  of  the  sub- 
stantive provisions  throughout  the  text.  The  material  incorporated 
in  this  chapter  was  selected  with  care,  the  purpose  being  to  gather 
together  only  the  jurisdictional  statements  and  the  definitions  which 
had  an  important  bearing  on  the  text.  Many  definitions  of  a  dis- 
tinctly  local  application  from  the  standpoint  of  the  statutes  in  which 
they  are  foimd  are  localized  in  the  text  by  being  attached  by  foot- 
note to  the  substantive  provisions  which  they  explain  or  modify. 
The  definitions  in  this  chapter  are  mainly  definitions  of  general  appli- 
cation to  entire  statutes.  The  combined  statements  of  jurisdiction 
and  definitions  present  concrete  pictures  of  the  status  of  legislation 
in  each  jurisdiction. 

Scope  Notes.  The  statutory  material  regulating  utilities  is  an 
indivisible  whole.  Moreover,  much  of  American  legislation  is  passed 
in  a  form  so  haphazard  and  unsystematic  as  to  present  serious  diffi- 
culties in  any  attempt  at  logical  analysis  and  separation  into  ele- 
ments. So  any  division  of  the  material  may  appear  in  some  respects 
arbitrary  and  necessarily  involves  considerable  overlapping  of  pro- 
visions. To  meet  the  situation  in  this  work,  each  of  the  1 5  chapters 
is  headed  by  a  note  which  aims  to  indicate  the  general  scope  of  that 
chapter  and  its  relation  to  every  other  chapter  which  contains  similar 
or  allied  material.  These  scope  notes,  therefore,  should  make  clear 
in  each  case  the  basis  of  the  general  analysis,  and  locate  by  means 
of  their  references  such  provisions  as  have  been  omitted  from  their 
proper  chapters  because  they  are  incidental  to  material  which  belongs 
elsewhere. 

Analysis  of  Chapters  into  Minor  Divisions.  To  analyze  each 
chapter  into  minor  divisions  and  retain  at  the  same  time  the  statu- 
tory language  and  form  of  the  material  presents,  of  course,  a  much 
more  difficult  task  than  the  analysis  into  chapters.  The  statutes 
cannot  be  dismembered  physically  in  every  case  without  clouding 
or  destroying  the  meaning  of  many  provisions  by  a  loss  of  context. 
Moreover,  the  analysis  of  a  law  into  the  comparatively  small  ele- 
ments represented  by  the  divisions  and  subdivisions  of  chapters  very 
often  involves  important  questions  of  statutory  construction  on  the 
part  of  the  investigator.  Furthermore,  the  physical  separation  of 
legislative  provisions  into  their  elements,  if  carried  out  in  every  case, 
would  involve  so  much  repetition  of  material  and  would  result  in  so 
large  an  addition  to  the  bulk  of  the  compilation  and  analysis  as  to 
detract  appreciably  from  the  usefulness  of  the  work.  To  meet  these 
difficulties,  the  material  has  been  broken  up  physically  only  into  its 
natural  divisions;  that  is,  each  provision  has  been  placed  under  the 

X3 


division  or  subdivision  where  it  primarily  belongs,  although  it  may 
have  involved  incidental  material  which  would  logically  belong  else- 
where. In  other  words,  no  attempt  has  been  made  to  dismember 
the  material  physically  to  such  "an  extent  as  to  include  under  each 
of  the  minor  divisions  every  provision  dealing  with  a  given  subject, 
no  matter  how  inextricably  incorporated  in  other  material.  It  is 
believed  that  this  method  of  handling  the  legislative  provisions  pre- 
sents a  more  accurate  picture  of  the  statutory  situation  than  other- 
wise could  be  attained;  for  while  it  presents  a  logical  analysis  of  the 
subject  matter  of  the  statutes,  it  involves  the  least  amount  of  tam- 
pering with  the  material  as  enacted  by  the  various  legislatures  and 
the  least  amount  of  extra-judicial  interpretation  of  its  meaning. 

Cross  References.  In  order  to  make  up  for  the  apparent  incom- 
pleteness resulting  from  the  method  of  analysis  just  outlined,  a  sys- 
tem of  cross  referencing  has  been  adopted,  whereby  under  each  juris- 
diction in  each  division  and  subdivision  references  are  made  to  any 
similar  provisions  appearing  in  any  other  part  of  the  compilation 
and  analysis.  Such  material,  therefore,  as  does  not  seem  to  appear 
in  its  proper  place  because  it  could  not  be  extracted  physically  from 
the  provisions  with  which  it  is  displayed  is  thus  incorporated  by 
reference.  By  the  actual  presentation  of  provisions  or  by  means  of 
cross  references  there  are  complete  listings  under  each  of  the  topics 
into  which  the  chapters  have  been  analyzed. 

Index  of  Sections.  A  complete  index  of  constitutional  and  statu- 
tory provisions  is  attached  to  the  compilation  and  analysis  of  laws. 
This  index  shows,  section  by  section,  the  paragraph  of  the  text  in 
which  every  provision  that  has  been  used  of  any  constitution  or 
statute  may  be  found.  This  index  has  a  twofold  value:  First  it 
enables  the  user  of  the  volume  to  ascertain  what  laws  of  a  particular 
jurisdiction  have  been  used ;  second,  it  enables  one  to  find  at  a  glance 
material  from  other  jurisdictions  analogous  to  a  particular  section 
in  which  he  is  interested. 

Subject  Index.  Another  drawback  arising  from  the  fact  that  the 
statutory  material  cannot  be  physically  dismembered  into  small  ele- 
ments without  doing  violence  to  the  laws  as  they  appear  on  the 
statute  books  is  that  the  analysis  coiild  not  be  carried  as  far  as  would 
be  of  the  greatest  advantage  to  the  various  classes  in  the  hands  of 
which  this  work  is  likely  to  find  itself.  The  compilation  and  analysis 
has  been  supplemented,  therefore,  by  a  carefully  prepared  analytical 
index  based  upon  the  subject  matter  of  the  material.  By  means  of 
this  index  the  legislator,  utility  manager,  student  or  publicist  can 

13 


pursue  his  jurisdictional  comparisons  even  with  regard  to  the  minute 
elements  of  commission  regulation. 

Addenda.  A  limited  amount  of  material  came  to  hand  after  the 
body  of  the  text  was  fixed  by  the  numbering  of  the  paragraphs  and 
the  completion  of  indices.  Some  of  this  material  was  inserted  in  the 
text  by  means  of  footnotes  to  associated  material.  Other  sections 
were  placed  in  an  addendum,  niimbered  serially  with  the  sections  of 
the  body  of  the  text,  and  incorporated  in  the  body  by  cross-references. 
In  some  instances  material  was  found  to  have  been  included  which 
might  have  been  omitted  but  for  the  fixing  of  the  text  by  the  num- 
bering of  the  paragraphs.     This  material  was  not  disturbed. 

Conclusion.  Within  clearly  defined  limits,  then,  this  compila- 
tion and  analysis  of  laws  aims  to  present  a  complete  and  accurate 
picture  of  the  statutory  situation  with  regard  to  commission  regula- 
tion of  public  utilities.  In  addition,  much  effort  has  been  expended 
to  make  the  work  practically  useful.  If  the  labor  and  devotion 
involved  in  its  preparation  will  make  even  the  smallest  contribution 
towards  a  better  understanding  of  the  increasingly  vital  relations 
between  the  public  and  the  public  service  industries  all  who  have 
participated  in  the  work  will  feel  amply  repaid. 


•4 


JURISDICTION   OF   COMMISSIONS 
AND   DEFINITIONS 

SCOPE  NOTE 

This  chapter  includes  references  in  the  language 
of  the  statutes  to  the  utilities  which  can  be  reached  by 
commissions,  however  great  or  small  the  extent  of  the 
commission  authority,  and  a  list  of  such  definitions  as 
indicate  the  scope  of  the  utilities  in  particular  jurisdictions. 
For  provisions  authorizing  commissions  to  regulate  allied 
businesses  or  dealing  with  the  territorial  jurisdiction 
of  commissions,  see  ch.  ii,  on  general  powers  of  com- 
missions. For  general  statement  of  scope  and  method^ 
see  introduction. 


15 


UNITED  STATES 

The  provisions  of  this  act  shall  apply  to  any  corporation  or  any 
person  or  persons  engaged  in  the  transportation  of  oil  or  other  com- 
modity, except  water  and  except  natiiral  or  artificial  gas,  by  means 
of  pipe  lines,  or  partly  by  pipe  lines  and  partly  by  railroad,  or  partly 
by  pipe  lines  and  partly  by  water,  and  to  telegraph,  telephone,  and 
cable  companies  (whether  wire  or  wireless)  engaged  in  sending 
messages  from  one  state,  territory,  or  district  of  the  United  States 
to  any  other  state,  territory,  or  district  of  the  United  States  or  to 
any  foreign  country,  who  shall  be  considered  and  held  to  be  common 
carriers  within  the  meaning  and  purpose  of  this  act,  and  to  any  com- 
mon carrier  or  carriers  engaged  in  the  transportation  of  passengers 
or  property  wholly  by  railroad  (or  partly  by  railroad  and  partly  by 
water  when  both  are  used  under  a  common  control,  management, 
or  arrangement  for  a  continuous  carriage  or  shipment),  from  one 
state  or  territory  of  the  United  States  or  the  District  of  Colimibia 
to  any  other  state  or  territory  of  the  United  States  or  the  District 
of  Columbia,  or  from  one  place  in  a  territory  to  another  place  in  the 
same  territory,  or  from  any  place  in  the  United  States  to  an  adjacent 
foreign  country,  or  from  any  place  in  the  United  States  through  a 
foreign  coimtry  to  any  other  place  in  the  United  States,  and  also 
to  the  transportation  in  like  manner  of  property  shipped  from  any 
place  in  the  United  States  to  a  foreign  country  and  carried  from  such 
place  to  a  port  of  transshipment,  or  shipped  from  a  foreign  coimtry 
to  any  place  in  the  United  States  and  carried  to  such  place  from  a  port 
of  entry  either  in  the  United  States  or  an  adjacent  foreign  country; 
provided,  however,  that  the  provisions  of  this  act  shall  not  apply 
to  the  transportation  of  passengers  or  property,  or  to  the  receiving, 
delivering,  storage,  or  handling  of  property  wholly  within  one  state 
and  not  shipped  to  or  from  a  foreign  country  from  or  to  any  state 
or  territory  as  aforesaid,  nor  shall  they  apply  to  the  transmission  of 
messages  by  telephone,  telegraph,  or  cable  wholly  within  one  state 
and  not  transmitted  to  or  from  a  foreign  country  from  or  to  any 
state  or  territory  as  aforesaid.  Act  to  Regulate  Commerce,  as  amended, 
sec.  I. 

DEFINITIONS. 

ACT  TO  REGULATE  COMMERCE,  AS  AMENDED,  SEC.  I. 

Common  carrier  shall  include  express  companies  and  sleeping  car  companies. 

Railroad  shall  include  all  bridges  and  ferries  used  or  operated  in  connection 
with  any  railroad,  and  also  all  the  road  in  use  by  any  corporation  operating  a 
railroad,  whether  owned  or  operated  under  a  contract,  agreement,  or  lease,  and 

i6 


shall  also  include  all  switches,  spurs,  tracks,  and  terminal  facilities  of  every  kind 
used  or  necessary  in  the  transportation  of  the  persons  or  property  designated 
herein,  and  also  all  freight  depots,  yards,  and  grounds  used  or  necesssary  in  the 
transportation  or  deUvery  of  any  of  said  property. 

Transportation  shall  include  cars  and  other  vehicles  and  all  instrumentalities 
and  facilities  of  shipment  or  carriage,  irrespective  of  ownership  or  of  any  con- 
tract, express  or  implied,  for  the  use  thereof  and  all  services  in  connection  with 
the  receipt,  delivery,  elevation,  and  transfer  in  transit,  ventilation,  refrigeration 
or  icing,  storage,  and  handling  of  property  transported. 

ALABAMA 

The  provisions  of  this  chapter  shall  apply  to  the  transportation 
of  passengers  and  property  between  points  within  this  state,  and  to 
the  receiving,  switching,  delivering,  storing,  and  hauling  of  such 
property,  and  to  all  charges  connected  therewith,  and  shall  apply 
to  all  railroad  corporations,  express  companies,  car  companies,  sleep- 
ing car  companies,  freight  and  freight  line  companies,  steamboat  or 
steam  packet  companies,  terminal  companies,  or  individuals  who 
now  or  hereafter  may  own,  operate,  or  control  any  railroad  depot 
or  terminal  station,  and  to  all  associations  of  persons,  whether  in- 
corporated or  otherwise,  that  shall  do  business  as  common  carrier 
upon  or  over  any  line  of  railroad  in  whole  or  in  part  within  this  state, 
upon  or  over  any  navigable  stream  in  whole  or  in  part  within  the 
state  or  partly  by  rail  and  partly  by  water;  but  nothing  in  this 
article  shall  be  construed  as  a  regulation  of  or  interference  with 
interstate  commerce.     Code  igoj,  sec.  5648. 

This  chapter  shall  not  apply  to  street  and  electric  railroad  en- 
gaged solely  in  the  transportation  of  passengers  within  the  limits  of 
any  one  city,  nor  to  logging  or  private  railroads  not  doing  business  as 
common  carriers.     Same,  sec.  364^. 

The  commission  shall  also  have  power  of  supervision  and  control 
over  all  telegraph  and  telephone  lines  operating  in  more  than  one 
city  or  town.     Same,  sec.  5647. 

DEFINITIONS. 

CODE    1907. 

All  corporations,  companies,  firms  or  individuals  engaged  in  the  transporta- 
'tion  of  persons  or  freight  over  railroads  for  hire  are  common  carriers.     Sec.  5520. 

Transportation  company  shall  mean  and  embrace  all  corporations,  companies, 
individuals,  associations  of  individuals,  their  lessees,  trustees,  or  receivers  that 
now,  or  may  hereafter  own,  operate,  manage  or  control  as  common  carrier,  any 
railroad  or  pajt  of  a  railroad,  in  this  state,  or  any  cars,  or  other  equipments  used 
thereon,  or  bridges,  terminals  or  side  tracks  used  in  connection  therewith,  whether 
owned  by  such  railroad,  or  otherwise.     Sec.  5647. 

Transportation  company  shall  also  mean  and  embrace  express  companies,  car 

17 


companies,  sleeping  car  companies,  steamboat  or  steam  packet  companies,  and 
all  corporations,  individuals  or  associations  of  individuals,  their  lessees,  trustees, 
or  receivers  that  now  or  may  hereafter  own,  operate  or  control  any  railroad  depot 
or  terminal  station,  over  all  of  which  the  commission  shall  have  the  power  of  su- 
pervision and  control.     Same. 

ACTS   1909,   SP.   SESS.   201,   SEC.    l(l). 

All  railroad  companies,  or  other  companies,  corporations,  firms  or  indi- 
viduals engaged  in  the  transportation  of  persons,  or  freight  over  railroads  for 
hire,  and  all  navigation  companies  or  steamboat  or  steam  packet  companies  or 
corporations,  firms  or  individuals  engaged  in  the  transportation  of  persons  or 
freight  by  water,  for  hire,  are  hereby  declared  common  carriers,  and  are  hereby 
made  subject  to  the  provisions  of  this  act. 

ARIZONA 

All  corporations  other  than  municipal  engaged  in  carrying  per- 
sons or  property  for  hire;  or  in  furnishing  gas,  oil,  or  electricity  for 
light,  fuel  or  power;  or  in  furnishing  water  for  irrigation,  fire  pro- 
tection, or  other  public  purposes;  or  in  furnishing,  for  profit,  hot  or 
cold  air  or  steam  for  heating  or  cooling  purposes;  or  in  transmitting 
messages  or  furnishing  public  telegraph  or  telephone  service,  and  all 
corporations  other  than  municipal,  operating  as  common  carriers, 
shall  be  deemed  public  service  corporations.     Const,  art.  xv,  sec.  2. 

All  railroad,  car,  express,  electric,  transmission,  telegraph,  tele- 
phone, or  pipe  line  corporations,  for  the  transportation  of  persons, 
or  of  electricity,  messages,  water,  oil,  or  other  property  for  profit,  are 
declared  to  be  common  carriers  and  subject  to  control  by  law.  Same, 
Sec.  10. 

DEFINITIONS. 

SESS.  LAWS    I912,  CH.  90,   SEC.   2. 

Common  Carrier  includes  every  railroad  corporation,  street  railroad  corpora- 
tion; express  corporation;  dispatch,  sleeping  car,  dining  car,  drawing  room  car, 
freight,  freight-line,  refrigerator,  oil,  stock,  fruit,  car  loaning,  car  renting  car 
loading  and  every  other  car  corporation  or  person;  electrical  corporation;  trans- 
mission corporation;  telegraph  corporation;  telephone  corporation;  water  cor- 
poration; or  pipe  line  corporation;  for  the  transportation  of  persons  or  of  elec- 
tricity, messages,  water,  oil  or  other  property,  for  profit,  their  lessees,  trustees, 
receivers  or  trustees  appointed  by  any  court  whatsoever,  operating  for  com- 
pensation within  this  state. 

Corporation  includes  a  corporation,  a  company,  an  association,  and  a  joint 
stock  association. 

Electrical  corporation  includes  every  corporation  or  person,  their  lessees, 
trustees,  receivers  or  trustees  appointed  by  any  court  whatsoever,  owning,  con- 
trolling, operating,  or  managing  any  electric  plant  for  compensation  within  this 
state,  except  where  electricity  is  generated  on  or  distributed  by  the  producer 
through  private  property  alone  solely  for  his  own  use  or  the  use  of  his  tenants 
and  not  for  sale  to  others. 

13 


Electric  plant  includes  all  real  estate,  fixtures  and  personal  property  owned, 
controlled,  operated,  or  managed,  in  connection  with  or  to  facilitate  the  produc- 
tion, generation,  transmission,  delivery,  or  furnishing  of  electricity  for  light, 
heat,  or  power,  and  all  conduits,  ducts,  or  other  devices,  materials,  apparatus,  or 
property,  for  containing,  holding,  or  carrying  conductors  used  or  to  be  used  for 
containing,  holding,  or  carrying  conductors  used  or  to  be  used  for  the  transmission 
of  electricity  for  light,  heat,  or  power. 

Express  corporation  includes  every  corporation  or  person,  their  lessees, 
trustees,  receivers  or  trustees  appointed  by  any  court  whatsoever,  engaged  in  or 
transacting  the  business  of  transporting  any  freight,  merchandise,  or  other 
property  for  compensation  on  the  line  of  any  common  carrier  or  stage  or  auto 
stage  line  within  this  state. 

Gas  corporation  includes  every  corporation  or  person,  their  lessees,  trustees, 
receivers  or  trustees  appointed  by  any  court  whatsoever,  owning,  controlling, 
operating,  or  managing  any  gas  plant  for  compensation  within  this  state,  except 
where  gas  is  made  or  produced  on,  and  distributed  by  the  maker  or  producer 
through,  private  property  alone  solely  for  his  own  use  or  the  use  of  his  tenants 
and  not  for  sale  to  others. 

Gas  plant  includes  all  real  estate,  fixtures,  and  personal  property,  owned, 
controlled,  operated,  or  managed,  in  connection  with  or  to  facilitate  the  produc- 
tion, generation,  transmission,  delivery  or  furnishing  of  gas  (natural  or  manu- 
factured) for  light,  heat  or  power. 

Person  includes  an  individual,  a  firm,  and  a  co-partnership. 

Pipe  line  includes  all  real  estate,  fixtures,  and  personal  property,  owned, 
controlled,  operated,  or  managed,  in  connection  with  or  to  facilitate  the  trans- 
mission, storage,  distribution,  or  delivery,  of  crude  oil,  or  other  fluid  substance, 
except  water,  through  pipe  lines;  in  furnishing  hot  or  cold  air  or  steam  for  heating 
or  cooling  purposes. 

Pipe  line  corporation  includes  every  corporation  or  person,  their  lessees, 
trustees,  receivers  or  trustees  appointed  by  any  court  whatsoever,  owning,  con- 
trolling, operating  or  managing  any  pipe  line  for  compensation  within  this  state. 

Public  service  corporation  includes  every  common  carrier,  pipe  line  corpora- 
tion, gas  corporation,  electrical  corporation,  telephone  corporation,  telegraph 
corporation,  water  corporation,  and  warehouseman,  as  these  terms  are  defined 
in  this  section,  and  each  thereof  is  hereby  declared  to  be  a  public  service  corpora- 
tion and  to  be  subject  to  the  jurisdiction,  control,  and  regulation  of  the  commission 
and  to  the  provisions  of  this  act. 

Railroad  includes  every  commercial,  interurban,  and  other  railway,  other 
than  a  street  railroad,  and  each  and  every  branch  or  extension  thereof,  by  what- 
soever power  operated,  together  with  all  tracks,  bridges,  trestles,  rights  of  way, 
subways,  tunnels,  stations,  depots,  union  depots,  yards,  grounds,  terminals, 
terminal  facilities,  structures,  and  equipment,  and  all  other  real  estate,  fixtures, 
and  personal  property  of  every  kind  used  in  connection  therewith,  owned,  con- 
trolled, operated,  or  managed  for  public  use  in  the  transportation  of  persons  or 
property. 

Railroad  corporation  includes  every  corporation  or  person,  their  lessees, 
trustees,  receivers,  or  tustees  appointed  by  any  court  whatsoever,  owning,  con- 
trolling, operating,  or  managing  any  railroad  for  compensation  within  this  state. 

Street  railroad  includes  every  railway,  and  each  and  every  branch  or  ex- 
tension thereof,  by  whatsoever  power  operated,  beng  mainly  upon,  along,  above 
or  below  any  street,  avenue,  road,  highway,  bridge,  or  public  place  within  any 

I9„ 


city,  country  or  town,  together  with  all  real  estate  fixtures  and  personal  property 
of  every  kind  used  in  connection  therewith,  owned,  controlled,  operated,  or 
managed  for  public  use  in  the  transportation  of  persons  or  property;  but  the 
term  street  railroad,  when  used  in  this  act,  shall  not  include  a  railway  constituting 
or  used  as  a  part  of  a  commercial  or  interurban  railway. 

Street  railroad  corporation  includes  every  coporation  or  person,  their  lessees, 
trustees,  receivers,  or  trustees  appointed  by  any  court  whatsoever,  owning,  con- 
trolling, operating,  or  managing  any  street  railroad  for  compensation  within 
this  state. 

Telegraph  corporation  includes  every  corporation  or  person,  their  lessees, 
trustees,  receivers  or  trustees  appointed  by  any  court  whatsoever,  owning,  con- 
trolling, operating,  or  managing  any  telegraph  line  for  compensation  within  this 
state. 

Telegraph  line  includes  all  conduits,  ducts,  poles,  wires,  cables,  instruments, 
and  appliances,  and  all  other  real  estate,  fixtures,  and  personal  property,  owned, 
controlled,  operated,  or  managed  in  connection  with  or  to  facilitate  communica- 
tion by  telegraph,  whether  such  communication  is  had  with  or  without  the  use 
of  transmission  wires. 

Telephone  corporation  includes  every  corporation  or  person,  their  lessees, 
trustees,  receivers  or  trustees  appointed  by  any  court  whatsoever,  owning,  con- 
trolling, operating  or  managing  any  telephone  line  for  compensation  within  this 
state. 

Telephone  line  includes  all  conduits,  ducts,  poles,  wires,  cables,  instruments, 
and  appliances,  and  all  other  real  estate,  fixtures,  and  personal  property,  owned, 
controlled,  operated,  or  managed  in  connection  with  or  to  facilitate  communica- 
tion by  telephone,  whether  such  communication  is  had  with  or  without  the  use 
of  transmission  wires. 

Transportation  of  persons  includes  every  service  in  connection  with  or  in- 
cidental to  the  safety,  comfort,  or  convenience  of  the  person  transported  and  the 
receipt,  carriage,  and  delivery  of  such  person  and  his  baggage. 

Transportation  of  property  includes  every  service  in  connection  with  or  in- 
cidental to  the  transportation  of  property,  including  in  particular  its  receipt,  de- 
livery, elevation,  transfer,  switching,  carriage,  ventilation,  refrigeration,  icing, 
dunnage,  storage,  and  handling,  and  the  transmission  of  credit  by  express  cor- 
porations. 

Water  corporation  includes  every  corporation  or  person,  their  lessees,  trustees, 
receivers  or  trustees  appointed  by  any  court  whatsoever,  owning,  controlling, 
operating,  or  managing  any  water  system  for  compensation  within  this  state. 

Water  system  includes  all  reservoirs,  tunnels,  shafts,  dams,  dikes,  headgates, 
pipes,  flumes,  canals,  structures,  and  appliances,  and  all  other  real  estate,  fixtures, 
and  personal  property,  owned,  controlled,  operated  or  managed  in  connection 
with  or  to  facilitate  the  diversion,  development,  storage,  supply,  distribution, 
sale,  furnishing,  carriage,  apportionment,  or  measurement,  or  water  for  power, 
fire  protection,  irrigation,  reclamation,  or  manufacturing,  or  for  municipal,  do- 
mestic, or  other  beneficial  use. 

ARKANSAS 

Sec.  6820  of  Kirby's  Digest,  1904,  provides  that  all  the  pro- 
visions of  this  act  shall  apply  to  and  include  all  companies  or  corpor- 
ations carrying  property  on  any  railroad  as  express  matter  and  known- 

ao 


as  express  companies  as  fully  as  if  such  persons,  companies  or  corpor- 
ations were  specially  named  and  designated  therein. 

The  commission  has  jurisdiction  over  every  person  or  corporation 
operating  any  railroad  or  express  business  in  the  state.  See  Kirby's 
Digest,  1904,  sec.  6002. 

The  commission  also  has  jurisdiction  over  sleeping  car  com- 
panies.    See  Acts  igoy,  no.  422,  sec.  4. 

CALIFORNIA 

Every  private  corporation,  and  every  individual  or  association 
of  individuals,  owning,  operating,  managing  or  controlling  any  com- 
mercial railroad,  interurban  railroad,  street  railroad,  canal,  pipe  line, 
plant,  or  equipment,  within  this  state  for  the  transportation  or  con- 
veyance of  passengers,  or  express  matter,  or  freight^  of  any  kind, 
including  crude  oil,  or  for  the  transmission  of  telephone  or  telegraph 
messages,  or  for  the  production,  generation,  transmission,  delivery 
or  furnishing  of  heat,  light,  water,  or  power,  or  for  the  furnishing  of 
storage  or  wharfage  facilities,  either  directly  or  indirectly,  to  or  for 
the  public,  and  every  common  carrier,  is  hereby  declared  to  be  a 
public  utility  subject  to  such  control  and  regulation  by  the  railroad 
commission  as  may  be  provided  by  the  legislatiire,  and  every  class 
of  private  corporations,  individuals,  or  associations  of  individuals 
hereafter  declared  by  the  legislature  to  be  public  utilities  shall  like- 
wise be  subject  to  such  control  and  regulation.  The  railroad  com- 
mission shall  have  and  exercise  such  power  and  jurisdiction  to  super- 
vise and  regulate  public  utilities,  in  the  state  of  California,  and  to 
fix  the  rates  to  be  charged  for  commodities  ftimished  or  services 
rendered  by  public  utilities  as  shall  be  conferred  upon  it  by  the 
legislature,  and  the  right  of  the  legislature  to  confer  powers  upon  the 
railroad  commission  respecting  public  utilities  is  hereby  declared  to 
be  plenary  and  to  be  unlimited  by  any  provision  of  this  constitution. 
From  and  after  the  passage  by  the  legislature  of  laws  conferring 
powers  upon  the  railroad  commission  respecting  public  utilities,  all 
powers  respecting  such  public  utilities  vested  in  boards  of  supervisors, 
or  miinicipal  councils,  or  other  governing  bodies  of  the  several  cotmties, 
cities  and  counties,  cities  and  towns  in  this  state,  or  in  any  commission 
created  by  law  and  existing  at  the  time  of  the  passage  of  such  laws, 
shall  cease  so  far  as  such  powers  shall  conflict  with  the  powers  so 
conferred  upon  the  railroad  commission;  provided,  however,  that 
this  section  shall  not  affect  such  powers  of  control  over  any  public 
utility  vested  in  any  city  or  county  or  incorporated  city  or  town  as, 
at  an  election  to  be  held  pursuant  to  laws  to  be  passed  hereafter  by 

21 


the  legislatiire,  a  majority  of  the  qualified  electors  voting  thereon  of 
city  and  coimty,  or  incorporated  city  or  town,  shall  vote  to  retain, 
and  until  such  election  such  powers  shall  continue  unimpaired;  but 
if  the  vote  so  taken  shall  not  favor  the  continuation  of  such  powers 
they  shall  thereafter  vest  in  the  railroad  commission  as  provided  by 
law;  and  provided,  further,  that  where  any  such  city  and  county  or 
incorporated  city  or  town  shall  have  elected  to  continue  any  powers 
respecting  public  utilities,  it  may,  by  vote  of  a  majority  of  its  quali- 
fied electors  voting  thereon,  thereafter  surrender  such  powers  to  the 
railroad  commission  in  the  manner  to  be  prescribed  by  the  legisla- 
tiire;  or  if  such  municipal  corporation  shall  have  surrendered  any 
powers  to  the  railroad  commission,  it  may,  by  like  vote,  thereafter 
reinvest  itself  with  such  power.     Const.,  art.  .xii,  sec.  2j. 

See  also  sec.  82,  ch.  14,  and  Stats.  iQii,  ist  ex.  sess.  sees,  i  to  10, 
ch.  40. 

DEFINITIONS. 

STATS.   191 1,   IST  EX.   SESS.,  CH.    I4,  SEC.   2. 

Definitions  of  the  following  terms  are  substantially  indentical  with  def- 
initions of  same  terms  in  Arizona,  Session  Laws  1912,  ch.  90,  sec.  2:  Corpora- 
tion, electrical  corporation,  electric  plant,  express  corporation,  gas  corporation, 
gas  plant,  person,  pipe  line,  pipe  line  corporation,  railroad  corporation,  street 
railroad,  street  railroad  corporation,  telegraph  corporation,  telegraph  line,  telephone 
corporation,  telephone  line,  transportation  of  persons,  transportation  of  property, 
water  corporation,  water  system. 

Common  carrier  includes  every  railroad  corporation;  street  railroad  corpora- 
tion; express  corporation,  dispatch,  sleeping  car,  dining  car,  drawing  room  car, 
freight,  freight-line,  refrigerator,  oil,  stock,  fruit,  car  loaning,  car  renting,  car 
loading  and  every  other  car  corporation  or  person,  their  lessees,  trustees,  re- 
ceivers or  trustees  appointed  by  any  court  whatsoever,  operating  for  compen- 
sation within  this  state;  and  every  corporation  or  person,  their  lessees,  trustees, 
receivers  or  trustees  appointed  by  any  court  whatsoever,  owning,  controlling, 
operating  or  managing  any  vessel  regularly  engaged  in  the  transportation  of 
persons  or  property  for  compensation  upon  the  waters  of  this  state  or  upon  the 
high  seas,  over  regular  routes  between  points  within  this  state. 

Public  utility  includes  every  common  carrier,  pipe-line  corporation,  gas  cor- 
poration, electrical  corporation  telephone  corporation,  telegraph  corporation, 
water  corporation,  wharfinger  and  warehouseman,  as  those  terms  are  defined  in 
this  section,  and  each  thereof  is  hereby  declared  to  be  a  public  utility  and  to  be 
subject  to  the  jurisdiction,  control  and  regulation  of  the  commission  and  to  the 
provisions  of  this  act. 

Railroad  includes  every  commerical,  interurban  and  other  railway,  other 
than  a  street  railroad,  and  each  and  every  branch  or  extension  thereof,  by  what- 
soever power  operated,  together  with  all  tracks,  bridges,  trestles,  rights  of  way, 
subways,  tunnels,  stations,  depots,  union  depots,  ferries,  yards,  grounds,  terminals, 
terminal  facilities,  structures  and  equipment,  and  all  other  real  estate,  fixtures 
and  personal  property  of  every  kind  used  in  connection  therewith,  owned,  con- 
trolled, operated  or  managed  for  public  use  in  the  transportation  of  persons  or 
property. 

22 


Vessel  includes  every  species  of  water  craft,  by  whatsoever  power  operated 
which  is  owned,  controlled,  operated  or  managed  for  public  use  in  the  transporta- 
tion of  persons  or  property. 

Wharfinger  includes  every  corporation  or  person,  their  lessees,  trustees,  re- 
ceivers or  trustees,  appointed  by  any  court  whatsoever,  owning,  controlling,  op- 
erating or  managing  any  dock,  wharf  or  structure  used  by  vessels  in  connection 
with  or  to  facilitate  the  receipt  or  discharge  of  freight  or  passengers  for  com- 
pensation within  this  state. 

COLORADO 

The  provisions  of  this  act  shall  apply  to  any  corporation  or  to 
any  person  or  persons  who  shall  be  held  to  be  common  carriers  within 
the  meaning  and  purpose  of  this  act,  and  .to  any  common  carrier  or 
carriers  engaged  in  the  transportation  of  passengers  or  property  by 
railroad  from  one  point  or  place  within  the  state  to  any  other  point 
or  place  within  the  state.     Laws  igio,  sp.  sess.,  ch.  5,  sec.  i. 

This  act  shall  not  apply  to  the  ownership  or  operation  of  street 
railways  conducted  solely  as  common  carriers  in  the  transportation 
of  passengers  within  the  limits  of  cities  and  towns.     Same. 

definitions: 

LAWS    I9IO,    SP.    SESS.,    CH.    5,    SEC.    2. 

Common  carriers  shall  also  include  express  companies,  private  freight  car 
lines  and  pipe  lines. 

Railroad  shall  include  all  bridges  used  or  operated  in  connection  with  any 
railroad,  and  also  all  the  roads  in  use  by  any  corporation  operating  a  railroad, 
whether  owned  or  operated  under  a  contract,  agreement  or  lease;  and  shall  also 
include  all  switches,  spurs,  tracks  and  terminal  facilities  of  every  kind  used  or 
necessary  in  the  transportation  of  the  persons  or  property  designated  herein,  and 
also  all  freight  depots,  yards  and  grounds  used  or  necessary  in  the  transportation 
of  the  persons  or  property  designated  herein,  and  also  all  freight  depots,  yards 
and  grounds,  used  or  necessary  in  the  transportation  or  delivery  of  any  of  said 
property. 

Transportation  shall  include  all  cars,  and  all  other  vehicles  and  instrumen- 
talities and  facilities  of  a  shipment  or  carriage,  irrespective  of  ownership  or  of 
any  contract,  express  or  implied,  for  the  use  thereof,  and  all  service  in  connection 
with  the  receipt,  delivery,  elevation  and  transfer  in  transit,  ventilation,  refrigera- 
tion or  icing,  demurrage,  storing  or  handling  of  property  transported;  and  it 
shall  be  the  duty  of  every  common  carrier,  subject  to  the  provisions  of  this  act, 
to  provide  and  furnish  such  transportation  upon  reasonable  request  therefor, 
and  to  establish  through  routes  and  just  and  reasonable  rates  applicable  thereto, 
and  to  provide  a  sufficient  number  of  cars,  and  a  reasonable  time  schedule  for 
trains. 

CONNECTICUT 

Commission  has  jurisdiction  over  public  service  companies  as 
defined. 

23 


DEFINITIONS. 

PUB.   ACTS   191 1,  CH.    128,   SEC.    I. 

Electric  company  shall  include  every  corporation,  company,  association, 
joint  stock  association,  partnership,  or  person,  or  lessee  thereof,  owning,  leasing, 
maintaining,  operating,  managing,  or  controlling  poles,  wires,  conduits,  or  other 
fixtures,  along  public  highways  or  streets,  for  the  transmission  or  distribution  of 
electric  current  for  sale  for  light,  heat,  or  power  within  this  state,  or  engaged  in 
generating  electricity  to  be  so  transmitted  or  distributed  for  such  purpose. 

Gas  company  shall  include  every  corporation,  company,  association,  joint 
stock  association,  partnership  or  person,  or  lessee  thereof,  owning,  leasing,  main- 
taining, operating,  managing,  or  controlling  mains,  pipes  or  other  fixtures,  in 
public  highways  or  streets,  for  the  transmission  or  distribution  of  gas  for  sale  for 
light,  heat,  or  power  within  this  state,  or  engaged  in  the  manufacture  of  gas  to  be 
so  transmitted  or  distributed  for  such  purpose. 

Plant  shall  include  all  real  estate,  buildings,  tracks,  pipes,  mains,  poles, 
wires,  and  other  fixed  or  stationary  construction  and  equipment,  wherever  lo- 
cated, used  in  the  conduct  of  the  business  of  the  company. 

Public  service  company  shall  include  all  common  carriers,  railroad,  street 
railway,  electric,  gas,  telephone,  telegraph,  and  water  companies  owning,  leasing, 
maintaining,  operating,  managing,  or  controlling  plants,  or  parts  of  plants,  or 
equipment,  and  all  express  companies  having  special  privileges  on  railroads  or 
street  railways,  within  this  state,  but  shall  not  include  towns,  cities,  boroughs,  or 
any  municipal  corporation  or  department  thereof,  whether  separately  incorporated 
or  not. 

Railroad  company  shall  include  every  corporation,  company,  association, 
joint  stock  association,  partnership,  or  person,  or  lessee  thereof,  owning,  main- 
taining, operating,  managing  or  controlling  any  railroad,  or  any  cars  or  other 
equipment  employed  thereon  or  in  connection  therewith,  for  public  or  general  use 
within  this  state. 

Street  railway  company  shall  include  every  corporation,  company,  association, 
joint  stock  association,  partnership,  or  person,  or  lessee  thereof,  owning,  main- 
taining, operating,  managing,  or  controlling  any  street  railway,  or  any  cars  or 
other  equipment  employed  thereon  or  in  connection  therewith,  for  public  or 
general  use  within  this  state. 

Water  company  shall  include  every  corporation,  company,  association, 
joint  stock  association,  partnership,  or  person,  or  lessee  thereof,  owning,  main- 
taining, operating,  managing,  or  controlling  any  pond,  lake,  reservoir,  or  distribu- 
ting plant  employed  for  the  purpose  of  supplying  water  for  general  domestic  use 
in  any  town,  city,  or  borough,  or  portion  thereof,  within  this  state. 

DELAWARE 

No  commission  up  to  191 3. 

FLORIDA 

The  provisions  of  this  chapter  ^  shall  apply  to  the  transportation 
of  passengers  and  property  and  to  the  receiving,  delivery,  stprage  and 
handling  of  property  wholly  within  this  state,  and  shall  apply  to  all 
railroad  corporations,  raikoad  companies  and  common*  carriers  en- 

>  Includes  all  of  sees.  2883-3633  of  Gen.  Stats.  1906,  as|used|herein. 

24 


gaged  in  this  state  in  the  transportation  of  passengers  or  property  by 
the  railroads  or  common  carriers  therein,  from  any  points  within 
this  state  to  any  point  within  this  state.     Gen.  Stats.  igo6,  sec.  28go- 

Commission  has  power  under  laws  191 1,  ch.  6186,  sec.  i,  to 
regulate  the  charges  and  service  within  the  state  of  all  persons,  firms 
or  corporations  engaged  in  or  carrying  on  a  telephone  business  within 
the  state. 

All  the  terms  and  provisions  of  this  state  as  embraced  in  ch. 
5,1  tit.  4,  div.  4,  of  the  general  statutes  and  all  acts  supplemen- 
tary thereto  or  amendatory  thereof  are  hereby  declared  to  be  of 
force  with  reference  to  all  persons,  firms  or  corporations  carrying  on 
a  telephone  business  within  this  state  so  far  as  said  laws  are  applicable 
to  such  persons,  firms  or  corporations  carrying  on  telephone  business 
within  this  state.     Laws  1911,  ch.  6186,  sec.  2. 

All  persons,  firms  and  corporations  owning,  controlling  or  operat- 
ing or  that  may  hereafter  own,  control  or  operate  a  line  or  lines  of 
telegraph  whose  line  or  lines  is  or  are  in  whole  or  in  part  in  this  state, 
shall  be  under  the  control  of  the  railroad  commission  of  this  state. 
Laws  iQiiy  ch.  6i8y,  sec.  i. 

DEFINITIONS. 

GEN.  STATS.  I906,  CH.  5,  TIT.  4,  DIV.  4. 

Common  carriers  shall  be  deemed  to  mean  and  include:  (i)  all  companies 
and  any  person  or  persons  owning  and  operating  railroads  wholly  or  partly 
within  this  state;  (2)  all  companies  and  any  person  or  persons  owning  and  oper- 
ating steamships  engaged  in  the  transportation  of  freight  or  passenger  from  and 
to  ports  within  this  state;  (3)  all  companies  and  any  person  or  persons  owning  and 
operating  steamboats  used  in  the  transportation  of  freight  or  passengers  upon  the 
rivers  or  inland  waters  of  this  state;  (4)  all  companies  and  any  person  or  persons 
owning  or  operating  railroads,  passenger  terminals  or  union  depots  for  the  pur- 
pose of  receiving,  delivering  or  transferring  passenger  traffic  to  and  from  the  place 
or  city  in  which  said  terminal  or  union  depot  may  be  situated,  or  to  or  from  one  or 
more  of  the  railroads  operating  its  train  service  into  said  terminal  or  depot  from 
or  to  any  other  such  railroad  or  railroads;  whenever  any  steamship  or  steam- 
boat company  owns  and  operates  any  barge,  canal  boat,  steam  tug,  ferry  boat  or 
lighter,  in  connection  with  its  ships  or  boats,  the  thing  so  owned  and  operated 
shall  be  deemed  a  part  of  its  main  line.     Sec.  28 pi. 

Railroad  shall  include  all  bridges  and  ferries  used  or  operated  in  connection 
with  any  railroad  operated  wholly  or  in  part  in  this  state,  all  passenger  terminal 
companies  or  union  depot  companies  whether  operating  train  service  or  not,  and 
also  all  the  road  in  use  by  any  corporation,  receiver,  trustee,  or  any  other  person 
operating  a  railroad,  whether  operated  under  any  contract,  agreement,  lease  or 
otherwise,  and  the  term  railroad  corporation  or  railroad  company,  as  used  in  this 
act,  shall  be  deemed  to  mean  all  corporations,  associations,  partnerships,  trustees, 
agents,  assignees  and  individuals,  all  express  companies  and  sleeping  car  com- 
panies included,  now  owning  or  operating,  or  which  may  hereafter  own  or  operate 

1  Includes  all  of  sees.  2882-3633  of  Gen.  Stats.  1906,  as  used  herein. 

25 


any  railroad  in  whole  or  in  part  in  this  state,  or  owning  or  operating  any  train  or 
car  service  on  any  railroad  in  this  state.  Whenever  any  railroad  company  owns 
and  operates  in  connection  with  its  road,  and  for  the  purpose  of  transporting  its 
cars,  freight  or  passengers,  any  steamer  or  other  water  craft,  such  steamer  or 
water  craft  shall  be  deemed  a  part  of  its  said  road.     Sec.  2892. 

GEORGIA 

Commission  has  jurisdiction  over  all  common  carriers,  railroads, 
express  corporations  or  companies,  street  railroads,  railroad  corpora- 
tions or  companies,  dock  wharfage  corporations  or  companies, 
terminal  or  terminal  station  corporations  or  companies,  telephone 
or  telegraph  corporations  or  companies,  gas  or  electric  light  and 
power  companies.     See  Code  igii,  sec.  2663. 

IDAHO 

No  commission  up  to  191 3. 

ILLINOIS 

The  provisions  of  this  act  shall  apply  to  all  persons,  firms  and 
companies  and  to  all  associations  of  persons,  whether  incorporated  or 
otherwise,  that  shall  do  business  as  common  carriers  upon  any  of  the 
lines  of  railways  in  this  state  (street  railways  excepted)  the  same  as 
to  railroad  corporations  hereinbefore  mentioned.  Remsal,  1909,  ch. 
114,  sec.  133. 

By  sec.  186,  commission  is  given  supervision  over  every  owner, 
lessee  or  manager  of  every  public  warehouse  in  the  state. 

Each  and  every  person,  firm,  co-partnership,  joint  stock  com- 
pany, organization  or  corporation  engaged  either  as  owner  or  as 
lessee,  agent,  trustee  or  receiver,  in  transporting  by  rail  or  water, 
merchandise,  property,  parcels,  packages,  money  and  other  com- 
modities and  things  between  points  within  the  state  of  Illinois,  and 
commonly  known  as  express  companies  or  carriers  by  express,  shall 
be  deemed  and  is  hereby  declared  to  be  an  express  company  or  carrier 
by  express  and  also  a  common  carrier,  and  as  such  shall,  from  and  after 
the  passage  of  this  act,  as  to  the  transportation  of  merchandise, 
property,  parcels,  packages,  money  and  other  commodities  and  things 
between  points  within  the  state  of  Illinois,  be  placed  within  the 
jurisdiction  and  imder  the  supervision  and  control  of  the  commission 
as  provided  in  this  act;  provided,  that  this  act^  shall  not  apply  to 
railroad  companies  or  steamboat  companies  engaged  in  transporting 
freight.     Revisal  1909,  ch.  114,  sec.  368. 

>  Einbra(;ing  sees.  368-379  of  1909  Revisal. 

26 


DEFINITIONS. 

REVISAL  1909,  CH.  114. 

Common  carrier  includes  all  railroad  corporations,  express  companies, 
steamboat  lines  or  other  common  carriers  by  water,  private  car  line  companies, 
sleeping  car  companies,  fast  freight  line  companies,  and  shall  also  include  every 
other  corporation,  company,  association,  joint  stock  association,  partnership  and 
person,  their  lessees,  trustees  or  receivers  appointed  by  any  court  whatsoever, 
operating  or  managing  any  such  agency  for  public  use  in  the  conveyance  of  per- 
sons or  property  within  this  state;  provided,  teaming  companies  shall  not  be  in- 
cluded within  the  definition  herein  stated;  and,  provided,  further,  that  street  rail- 
roads and  hack  lines  and  vehicles  of  a  like  character  shall  not  be  included  within 
the  terms  of  this  section.     Sec.  187. 

Railroad  includes  every  railroad,  other  than  a  street  railroad,  by  whatsoever 
power  operated  for  public  use  in  the  conveyance  of  persons  or  property  for  com- 
pensation, with  all  bridges,  ferries,  tunnels,  equipment,  switches,  spurs,  tracks, 
depots  and  power  stations,  and  terminal  facilities  of  every  kind  used  or  operated 
by  any  such  railroad;  and  also  all  passenger  or  freight  depots,  yards,  docks  and 
grounds  used  by  any  railroad  in  the  transportation  of  passengers  or  property. 
Sec.  188. 

Railroad  corporation  shall  be  deemed  and  taken  to  mean  all  corporations, 
companies  or  individuals  now  owning  or  operating,  or  which  may  hereafter  own 
or  operate  any  railroad,  in  whole  or  in  part  in  this  state.     Sec.  ijj. 

Transportation  shall  include  cars  and  other  vehicles  and  all  instrumental- 
ities and  facilities  of  shipment  or  carriage,  irrespective  of  ownership  or  of  any  con- 
tract, expressed  or  implied,  for  the  use  thereof,  and  all  service  in  connection  with 
the  receipt,  delivery  and  transfer  in  transit,  refrigeration  or  icing,  storage  and 
handling  of  property  transported.     Sec.  i8g. 

INDIANA 

The  provisions  of  this  act  shall  apply  to  all  such  corporations, 
foreign  or  doniestic,  and  to  the  receivers  and  lessees  thereof,  as  shall 
be  engaged  in  the  business  of  a  common  carrier  of  freight  in  carload 
lots  or  less  for  hire  on  railroads  between  points  within  this  state. 
The  provisions  of  this  act  shall  also  apply  to  all  carriers  engaged  in 
the  performance  of  transfer  or  switching  service  on  and  over  any 
terminal,  transfer,  belt  or  switching  railroad  in  this  state.  The 
provisions  of  this  act  shall  not  apply  to  any  carrier  or  carriers  within 
this  state  whose  income  from  freight  business  does  not  equal  33 H 
per  cent,  of  their  gross  revenue.     Acts  190'/,  ch.  241,  sec.  i. 

This  act  shall  apply  to  all  corporations,  individuals,  associations 
of  individuals,  their  lessees,  trustees,  or  receivers,  appointed  by  any 
court  that  now,  or  may  hereafter  own,  operate,  manage  or  control  any 
railroad,  electric  interurban,  or  suburban  railroad,  or  part  of  any 
such  railroad  as  a  common  carrier  in  this  state,  or  cars,  car  companies, 
freight  and  freight  line  companies,  private  tracks  and  sidings,  when 
controlled  or  used  by  any  such  common  carriers,  or  other  equipment 
used  thereon,  or  bridges,  terminals,  or  side  tracks,  or  any  docks,  or 

27 


wharves,  or  storage  elevators  used  in  connection  therewith,  whether 
owned  by  such  railroad,  or  otherwise.     Ads  igoy,  ch.  241,  sec.  18. 

The  provisions  of  this  act  shall  also  apply  to  all  such  corporations, 
companies,  individuals,  associations  of  individuals,  their  lessees, 
trustees  or  receivers,  appointed  by  any  court,  as  shall  be  engaged  in 
the  express  business  or  sleeping  car  business,  and  this  act  shall  apply 
also  to  all  express  companies  and  sleeping  car  companies.     Same. 

The  provisions  of  this  act  shall  not  apply  to  any  street  railroad 
company  in  so  far  as  it  may  engage  in  the  carriage  of  passengers  in 
its  local  town  or  city  cars  within  the  limits  of  any  towns  or  cities  of 
this  state  or  their  suburbs.     Same. 

DEFINITIONS. 

ACTS    1907,   CH.    241,    SEC.    18. 

Carrier  or  carriers,  railroad,  railroad  company,  or  railway,  or  railway  com- 
pany, whenever  used  in  this  act,  shall  for  the  purposes  of  this  act  and  except  as 
otherwise  herein  provided  be  held  to  mean  and  refer  to  all  such  railroads,  electric 
interurbans,  or  suburban  railroads,  express  companies  and  sleeping  car  companies 
so  subject  to  the  provisions  of  this  act.  The  provisions  of  this  act  shall  not 
apply  to  street  railroads  engaged  solely  in  the  carriage  of  passengers  within  the 
limits  of  any  cities  or  towns  in  this  state. 

IOWA 

Any  railway  operated  upon  the  streets  of  a  city  or  town  by 
electric  or  other  power  than  steam,  which  extends  beyond  the  corpor- 
ate limits  of  such  city  or  town  to  another  city,  town  or  village,  or  any 
railway  operated  by  electric  or  other  power  than  steam,  extending 
from  one  city,  town  or  village  to  another  city,  town  or  village,  shall 
be  known  as  an  interurban  railway,  and  shall  be  a  work  of  internal 
improvement.     Code  iSgy,  sec.  20jja. 

The  words  railway,  ratlwa'y  company,  railway  corporation,  rail- 
road, railroad  company  and  railroad  corporation,  as  used  in  the  code 
and  acts  of  the  general  assembly,  now  in  force  or  hereafter  enacted, 
are  hereby  declared  to  apply  to  and  include  all  interurban  railways, 
and  all  companies  or  corporations  constructing,  owning  or  operating 
such  interurban  street  railways,  and  all  provisions  of  the  code  and 
acts  of  the  general  assembly,  now  in  force  or  hereafter  enacted, 
affecting  railways,  railway  companies,  railway  corporations,  railroads, 
railroad  companies  and  railroad  corporations,  are  hereby  declared 
to  affect  and  apply  in  full  force  and  effect  to  all  interurban  railways, 
and  to  all  interurban  railway  companies  or  railway  corporations 
constructing,  owning  or  operating  such  interurban  railways.  Same^ 
sec.  2ojjb. 

Any  interurban  railway  shall  within  the  corporate  limits  of  any 

28 


city  or  town,  or  of  any  city  acting  under  a  special  charter,  upon  such 
streets  as  it  shall  use  for  transporting  passengers,  mail,  baggage,  and 
such  parcels,  packages,  and  freight  as  it  may  carry  in  its  passenger  or 
combination  baggage  cars  only,  be  deemed  a  street  railway,  and  be 
subject  to  the  laws  governing  street  railways.     Same,  sec.  20jj{c). 

Commission  has  jurisdiction  over  railroads  operated  by  steam, 
express  companies,  car  companies,  sleeping  car  companies,  freight  and 
freight  line  companies,  common  carriers,  engaged  in  the  transporta- 
tion of  passengers  or  freight  by  railroad,  street  railroads  excepted. 
Code  iSgy,  sec.  2112. 

The  provisions  of  this  chapter^  shall  apply  to  the  transportation 
of  passengers  and  property  and  to  the  receiving,  delivering,  storing 
and  handling  of  property,  wholly  within  this  state,  and  shall  apply 
to  all  railroad  corporations,  express  companies,  car  companies,  freight 
or  freight  line  companies  and  to  any  common  carrier  engaged  in  this 
state  in  the  transportation  of  passengers  or  property  by  railroad 
therein.  Such  provisions  shall  also  apply  to  all  persons,  firms  and 
corporations  and  to  all  associations  of  persons,  whether  incorporated 
or  otherwise,  that  shall  do  business  as  common  carriers  upon  any  of 
the  lines  of  railway  in  this  state,  street  railways  excepted,  the  same  as 
to  railroad  corporations  herein  mentioned.     Code  iSgy,  sec.  2122. 

All  express  companies  operating  and  doing  business  in  this  state 
are  declared  to  be  common  carriers,  and  all  laws  so  far  as  applicable, 
now  in  force  or  hereafter  enacted,  regulating  the  transportation  of 
property  by  railroad  companies,  shall  apply  with  equal  force  and 
effect  to  express  companies.     Code  iSgj,  sec.  216^(0). 

Any  system  of  railway  operating  cars  within  the.  state  of  Iowa 
over  or  upon  any  track  other  than  steel  or  iron  shall  be  known  as  an 
automobile  railway,  and  shall  be  a  work  of  internal  improvement. 
The  words  railway,  railway  company,  railway  corporation,  rail- 
road, railroad  company,  or  railroad  corporation,  as  used  in  the 
code  and  acts  of  the  general  assembly  now  in  force  or  hereafter 
enacted,  are  hereby  declared  to  apply  to  and  include  automobile 
railways,  and  all  companies  or  corporations  owning  or  operating  such 
automobile  railways,  and  all  provisions  of  the  code  and  acts  of  the 
general  assembly  now  in  force  or  hereafter  enacted,  affecting  railways, 
railway  companies,  railway  corporations,  railroads,  railroad  companies 
or  railroad  corporations,  are  hereby  declared  to  affect  and  apply  in 
full  force  and  effect  to  all  automobile  railways  and  to  all  automobile 
railway  companies  owning  or  operating  such  automobile  railways 
Laws  igoy,  ch.  g8,  sec.  i. 

*  Chapter  vii,  title  x,  "Of  the  regulation  of  carriers  by  railroad,"  embracing  sections  2122- 
3IS7  of  Code  1897. 

29 


DEFINITIONS. 

CODE   1897,  SEC.  2122. 

Railroad  and  railway  shall  include  all  bridges  and  ferries  used  or  operated  in 
connection  with  any  railroad,  and  also  all  the  road  in  use  by  any  corporation,  re. 
ceiver,  trustee  or  other  person  operating  a  railroad,  whether  owned  or  operated 
under  contract,  agreement,  lease  or  otherwise. 

Railway  corporation  shall  mean  all  corporations,  companies  or  individual 
owning  or  operating  any  railroad  in  whole  or  in  part  in  this  state.     .     .     . 

Transportation  shall  include  all  instrumentalities  of  shipment  or  carriage.  .  .  . 

KANSAS 

Commission  is  given  general  supervision  of  all  railroads,  express 
companies,  sleeping  car  companies  and  all  others  doing  business  as 
common  carriers;  provided,  the  section  granting  such  authority 
shall  not  be  construed  as  applying  to  street  railway  or  electric  lines 
operated  wholly  within  one  county.     Gen.  Stats,  igog,  sec.  yi86. 

The  provisions  of  laws  1905,  ch.  340/  shall  be  construed  to  be 
applied  to  and  affect  only  the  transportation  of  passengers,  freight, 
express  matter  and  cars  between  points  within  the  state,  by  railroad 
and  express  companies  and  all  other  common  carriers,  not  including 
street  railway  companies.     Gen.  Stats,  igog,  sec.  7179. 

Commission  has  same  power  in  relation  to  irrigation  companies 
that  it  has  in  relation  to  railroad  companies.     Same,  sec.  4478. 

Commission  has  jurisdiction  over  pipe  lines  for  the  conveyance 
of  crude  oil  which  are  declared  to  be  common  carriers.  Same,  sec. 
3961,  3964. 

Nothing  in  this  act  shall  apply  to  any  public  utility  in  this  state 
owned  and  operated  by  any  mtmicipality.     Laws  1911,  ch.  238,  sec.  3. 

The  powef  and  authority  to  control  and  regulate  all  public 
utilities  and  common  carriers  situated  and  operated  wholly  or  prin- 
cipally within  any  city,  or  principally  operated  for  the  benefit  of  such 
city  or  its  people  shall  be  vested  exclusively  in  such  city,  subject 
only  to  the  right  to  apply  for  relief  to  said  public  utilities  commission, 
as  hereinafter  provided  in  section  33  of  this  act.     Same. 

This  act  shall  not  refer  to  or  include  mutual  telephone  companies. 
Same. 

DEFINITIONS. 

GEN.    STATS.     IQOQ,    SEC.    7226.' 

Person  shall  include  persons,  partnerships,  joint-stock  companies,  or  cor- 
porations. 

Railroad  company  shall  include  and  be  construed  to  mean  any  incorp>orated 

1  Embracing  sections  7169-7182  and  section  7196  of  Gen.  Stats.  1909. 

2  Being  part  of  Laws  1901,  ch.  286,  which  embraces  sections  7183-7188,  7i97-7a?8,  in- 
cliisive. 

30 


railroad  company,  or  any  express  or  transportation  company,  or  other  common 
carrier,  or  sleeping-car  company,  or  private-car  company,  or  any  railroad-bridge 
company,  or  any  person  or  persons,  lessee,  assignees,  trustee,  receiver,  partner- 
ship, joint-stock  company  or  corporation  engaged  wholly,  partially,  jointly  or 
severally  in  laying  out,  constructing,  owning,  operating,  using  or  maintaining 
any  railroad  operated  by  steam  or  electricity,  or  other  motive  power,  or  any 
portion  or  part  of  such  railroad  line. 

LAWS  191 1,  CH.  238  (Public  Utilities  Commission  Law). 

Common  carriers  shall  include  all  railroad  companies,  express  companies, 
street  railroads,  suburban  or  inter-urban  railroads,  sleeping-car  companies,  freight- 
line  companies,  equipment  companies,  pipe-line  companies,  and  all  persons  and 
associations  of  persons,  whether  incorporated  or  not,  operating  such  agencies  for 
public  use  in  the  conveyance  of  persons  or  property  within  this  state.     Sec.  4. 

Mutual  telephone  companies  shall  be  understood  to  mean  any  co-operative 
telephone  company  operating  only  for  the  mutual  benefit  of  its  subscribers  without 
profit  other  than  in  the  service  received.     Sec.  j. 

Public  utility  shall  be  construed  to  mean  every  corporation,  company,  in- 
dividual, association  of  persons,  their  trustees,  lessees  or  receivers,  that  now  or 
hereafter  may  own,  control,  operate  or  manage,  except  for  private  use,  any  equip- 
ment, plant,  generating  machinery,  or  any  part  thereof,  for  the  transmission  of 
telephone  messages  or  for  the  transmission  of  telegraph  messages  in  or  through 
any  part  of  the  state,  or  the  conveyance  of  oil  and  gas  through  pipe  lines  in  or 
through  any  part  of  the  state,  except  pipe  lines  less  than  15  miles  in  length  and 
not  operated  in  connection  with  or  for  the  general  commercial  supply  of  gas  or  oil, 
or  for  the  operation  of  any  trolley  lines,  street,  electrical  or  motor  railway  doing 
business  in  any  county  in  the  state;  also  all  dining  car  companies  doing  business 
within  the  state,  and  all  companies  for  the  production,  transmission,  delivery  or 
furnishing  of  heat,  light,  water  or  power.     Same. 

KENTUCKY 

Commission  has  jurisdiction  over  all  railroads.  There  appears 
to  be  no  jurisdiction  over  street  railways. 

LOUISIANA 

Commission  is  described  as  "a  railroad,  express,  telephone,  tele- 
graph, steamboat  and  other  water  craft,  and  sleeping  car  commission." 
Const.,  art.  283. 

All  pipe  lines  through  which  gases,  oils  or  other  liquids  are  con- 
veyed from  one  point  in  the  state  to  another  for  a  consideration,  are 
common  carriers  and  are  imder  the  control  of  and  subject  to  regula- 
tion by  the  commission.     Stats.  1Q06,  no.  j6,  sec.  i. 

MAINE 

Commission  has  jurisdiction  over  railroad  and  street  railroad 
corporations  within  the  state. 

31 


MARYLAND 

The  jurisdiction,  supervision,  powers  and  duties  of  the  com- 
mission herein  created  and  estabHshed  shall  extend  under  this  act: 

To  railroads  and  street  railroads  lying  within  the  state,  and  to  the  person  or 
corporation  owning,  leasing,  operating  or  controlling  the  same. 

To  street  railroads,  any  portion  of  whose  lines  lie  within  any  incorporated 
city  or  town  within  this  state,  containing  not  less  than  2,000  inhabitants,  and  to 
all  transportation  of  persons  or  property  thereon,  and  to  the  person  or  corpora- 
tion owning,  operating,  controlling  or  leasing  the  said  street  railroads. 

To  such  portion  of  the  lines  of  any  other  railroad  as  lie  within  this  state, 
and  to  the  person  or  corporation  owning,  leasing,  operating  or  controlling  the 
same,  so  far  as  concerns  the  construction,  maintenance,  equipment,  terminal 
facilities  and  local  transportation  facilities  and  local  transportation  of  persons  or 
property  within  the  state. 

To  any  common  carrier  operating  or  doing  business  within  the  state. 

To  the  manufacture,  sale  or  distribution  of  gas,  natural  or  artificial,  and 
electricity  for  light,  heat  and  power,  within  the  state  of  Maryland,  and  to  the 
persons  or  corporation  owning,  leasing,  operating  or  controlling  the  same;  and  to 
gas  and  electric  plants,  and  to  persons  or  corporations  owning,  operating,  leasing 
or  controlling  the  same. 

To  all  telephone  lines,  as  above  defined,  and  all  telegraph  lines  as  above  de- 
fined, and  to  every  telephone  company,  and  to  every  telegraph  company,  so  far  as 
said  telephone  and  telegraph  lines  are  and  lie,  and  so  far  as  said  telephone  com- 
panies and  said  telegraph  companies  conduct  and  operate  such  line  or  lines,  re- 
spectively, within  this  state. 

To  all  water  companies  and  to  the  land,  property,  dams,  water  supplies, 
canals  or  power  stations  thereof  and  the  operation  of  the  same  within  this  state. 

To  all  persons,  corporations  or  partnerships  engaged  in  the  ''transportation 
of  property  or  freight,''  as  above  defined,  within  this  state. 

To  all  corporations  and  persons  whatsoever  subject  to  the  provisions  of  this 
act  as  herein  defined. 

And  to  such  other  and  further  extent,  and  to  all  such  other  and  additional 
matters  and  things,  and  in  such  further  respects  as  may  herein  appear,  either 
expressly  or  impliedly.      Laws  iQio,  ch.  180,  sec.  3. 

This  act  shall  apply  to  the  manufacture  and  ftimishing  of  gas 
for  light,  heat  or  power,  and  the  furnishing  of  natural  gas  for  light, 
heat  or  power,  and  the  generation,  furnishing  and  transmission  of 
electricity  for  light,  heat  or  power.     Laws  igio,  ch.  180,  sec.  31. 

This  act  shall  apply  to  telegraph  companies,  telephone  companies, 
telephone  lines  and  telegraph  lines  within  this  state,  and  to  persons 
and  corporations  engaged  in  the  transmission  of  intelligence  within 
this  state  by  telephone  or  telegraph.     Same,  sec.  39. 

All  provisions  of  this  act  in  reference  to  steam  railroads,  street 
railroads,  gas  and  electric  light  corporations  and  common  carriers, 

3a 


in  reference  to  hearings,  siimmoning  witnesses,  taking  of  testimony, 
reports,  approval  of  incorporation  and  certificates  of  franchises,  the 
approval  of  issues  of  stock,  bonds  and  other  forms  of  indebtedness, 
consolidation,  lease,  transfer  of  franchises,  valuation  of  property, 
plants  and  franchises,  keeping  of  accoimts,  complaints  as  to  quality, 
price,  facilities  furnished,  the  fixing  of  just  and  reasonable  prices  and 
adequacy  of  service,  forfeitures  of  all  descriptions,  forfeitures  for  non- 
compliance with  the  orders,  simimary  proceedings  under  this  act, 
excessive  charges  for  product,  service  or  facilities,  proceedings  before 
said  commission  and  proceedings  in  any  court  mentioned  in  this  act, 
and  any  and  all  other  sections,  paragraphs,  provisions  and  parts  of 
this  act  in  reference  to  any  other  corporations  subject  to  any  of  its 
provisions,  so  far  as  the  same  shall  be  practically,  legally  or  necessarily 
applicable  to  telephone  or  telegraph  companies  or  corporations 
controlling  telephone  or  telegraph  lines  in  this  state  are  hereby  made 
applicable  to  such  telephone  and  telegraph  companies  and  to  corpor- 
ations controlling  telephone  and  telegraph  lines,  and  shall  have  full 
application  thereto.     Same,  sec.  41. 

All  provisions  in  this  act  in  reference  to  steam  railroads,  street 
railroads,  gas  corporations,  electric  corporations,  common  carriers 
and  telephone  and  telegraph  companies,  with  respect  to  the  jurisdic- 
tion, powers  and  duties  of  said  commission  over  and  in  relation  to  the 
said  corporations  and  companies,  and  with  respect  to  hearings,  sum- 
moning witnesses,  taking  of  testimony,  reports,  approval  of  incorpor- 
ation and  certificates  of  franchises,  of  issue  of  stocks,  bonds  and  other 
forms  of  indebtedness,  consolidation,  lease  and  transfer  of  franchises, 
valuation  of  property,  plant  and  franchise,  keeping  of  accounts,  com- 
plaints as  to  quality,  price  and  facilities  furnished,  the  fixing  of  just 
and  reasonable  prices,  services  and  facilities,  forfeitures  and  penalties 
of  all  descriptions,  summary  proceedings,  proceedings  before  said 
commission  and  proceedings  in  any  court  mentioned  in  this  act,  and 
any  and  all  other  sections,  paragraphs,  provisions  and  parts  of  this 
act  in  reference  to  any  corporations  subject  to  its  provisions,  so  far 
as  the  same  or  any  of  the  same  may  be  practically,  legally  or  neces- 
sarily applicable  to  water  companies,  and  heat  or  refrigerating  cor- 
porations, and  to  power  companies  or  corporations,  and  to  their 
respective  service  and  charges  and  to  their  property,  plant,  franchises 
and  management,  are  hereby  made  applicable  to  such  corporations 
and  companies,  their  service,  charges,  property,  plant,  franchises  and 
management,  and  shall  have  full  application  thereto.     Same,  sec.  42. 

33 


DEFINITIONS. 

LAWS   I9IO,   CH.    180,   SEC.    I. 

Common  carrier,  includes  all  railroad  corporations,  street  railroad  corpora- 
tions, express  companies,  car  companies,  sleeping  car  companies,  freight  com- 
panies, freight  line  companies,  steamboat,  powerboat  and  vessel-boat  and  ferry 
companies,  canal  companies,  and  all  persons  and  associations  of  persons,  whether 
incorporated  or  not,  operating  such  agencies  for  public  use  in  the  conveyance  of 
persons  or  property  within  this  state,  by  land  or  by  water,  or  by  both. 

Corporation  includes  a  corporation,  company,  association  and  joint  stock 
company  or  association. 

Electrical  corporation  includes  every  corporation,  company,  association, 
joint  stock  company  or  association,  partnership  and  person,  their  lessees,  trustees 
or  receivers,  appointed  by  any  court  whatsoever,  (other  than  a  railroad  or  a  street 
railroad  corporation  generating  electricity  for  its  own  use  solely  and  exclusively), 
owning,  operating,  managing  or  controlling  any  plant  or  property  including  any 
water  plant,  or  water  property,  or  water  falls,  or  dam,  or  water  power  station,  for 
generating  and  distributing  or  generating  and  selling  for  distribution,  or  selling 
or  distributing  electricity  for  light,  heat  or  power,  or  for  the  transmission  of 
electric  current  for  such  purposes,  or  for  any  public  use  whatsoever. 

Electric  plant  includes  (i)  engines,  boilers,  dynamos,  generators,  storage  bat- 
teries, converters,  motors,  transformers,  cables,  wires,  services,  poles,  lamps, 
meters,  real  estate,  easements,  materials,  apparatus,  devices  and  property  of  every 
kind  operated,  controlled,  owned,  used,  or  to  be  used,  for  or  in  connection  with, 
or  to  facilitate  the  generation,  transmission,  distribution,  sale  or  furnishing  of 
electricity  for  light,  heat  or  power;  and  (2)  any  conduits,  ducts  or  other  devices, 
materials,  apparatus  or  property  for  containing,  holding  or  carrying  electrical 
conductors  used  or  to  be  used,  wholly  or  in  part,  for  the  transmission  of  electricity 
for  light,  heat  or  power. 

Gas  corporation  includes  every  corporation,  company,  association,  joint 
stock  company  or  association,  partnership  and  person,  their  lessees,  trustees  or 
receivers  appointed  by  any  court  whatsoever,  owning,  operating,  managing  or 
controlling  any  plant  or  property  for  manufacturing  and  distributing  and  selling 
for  distribution  or  selling  or  distributing  illuminating  gas  (natural  or  artificial  or 
manufactured,  and  wheresoever  and  howsoever  derived  or  obtained)  for  light, 
heat,  fuel  or  power,  or  for  any  public  use  whatsoever. 

Gas  plant  includes  boilers,  water  gas  sets,  retorts,  condensers,  scrubbers, 
purifiers,  holders,  mains,  pipes,  services,  pipe  galleries,  meters,  buildings,  real 
estate,  easements,  lamps,  materials,  apparatus,  devices  and  property  of  every 
kind  operated,  controlled,  owned,  used  or  to  be  used  for  or  in  connection  with  or 
to  facilitate  the  manufacture,  distribution,  sale  or  furnishing  of  gas  (natural  or 
manufactured)  for  light,  heat  or  power. 

Heat  or  refrigerating  corporation  includes  every  corporation,  company, 
association,  partnership  and  person,  their  lessees,  trustees,  or  receivers  appointed 
by  any  court  whatsoever,  owning,  operating,  managing  or  controlling  any  plant 
or  property  for  manufacturing  and  distributing  and  selling  for  distribution,  or 
distributing  hot  or  cold  water,  steam  or  currents  of  hot  or  cold  air  for  motive 
power,  heating,  cooking,  refrigeration,  or  for  any  public  use  or  service  in  any 
city,  town  or  village  in  this  state. 

Person  includes  an  individual  and  a  firm  or  copartnership. 

Railroad  includes  every  railroad,  other  than  a  street  railroad,  by  whatsoever 

34 


power  operated  for  public  use  in  the  conveyance  of  persons  or  property  for  com- 
pensation, with  all  bridges,  ferries,  tunnels,  switches,  spurs,  tracks,  stations  and 
terminal  facilities  of  every  kind,  used,  operated,  controlled  or  owned  by  or  in 
connection  with  any  such  railroad. 

Railroad  corporation  includes  every  corporation,  company,  association, 
joint  stock  company  or  association,  partnership  and  person,  their  lessees,  trustees 
or  receivers,  appointed  by  any  court  whatsoever,  owning,  operating,  managing  or 
controlling  any  railroad  or  any  cars  or  other  equipment  used  thereon,  or  in  con- 
nection therewith. 

Street  railroad  includes  every  railroad  by  whatsoever  power  operated,  or  any 
extension  or  extensions,  branch  or  branches  thereof,  for  public  use  in  the  convey- 
ance of  persons  or  property  for  compensation,  being  mainly  upon,  along,  above  or 
below  any  street,  avenue,  road,  highway,  bridge  or  public  place  within  the  cor- 
porate limits  of  the  city  of  Baltimore  or  any  other  city  or  town  containing  a  pop- 
ulation of  not  less  than  2,000  persons,  within  the  state  of  Maryland,  and  in- 
cluding all  switches,  spurs,  tracks,  right  of  trackage,  subways,  timnels,  stations, 
terminals  and  terminal  facilities  of  every  kind,  used,  operated,  controlled  or 
owned  by  or  in  connection  with  any  such  street  railroad;  but  the  said  term  street 
railroad,  when  used  in  this  act,  shall  not  include  a  railroad  constituting  or  used  as 
part  of  a  trunk  line  railroad  system. 

Street  railroad  corporation  includes  every  corporation,  company,  association, 
joint  stock  company  or  association,  partnership  and  person,  their  lessees,  trustees 
or  receivers,  appointed  by  any  court  whatsoever,  holding,  operating,  managing  or 
controlling  any  street  railroad  or  any  cars  or  other  equipment  used  thereon  or  in 
connection  therewith. 

Telegraph  Company  includes  every  corporation,  company,  association,  joint 
stock  company  or  association,  partnership  and  persons,  their  lessees,  trustees  or 
receivers  appointed  by  any  court  whatsoever,  owning,  operating,  managing  or 
controlling,  any  plant,  wires,  poles  or  property  for  the  purposes  of  commimication 
or  of  transmitting  or  receiving  messages  by  telegraph,  or  by  any  telegraphic  ap- 
paratus or  instrument,  or  which  licenses,  lets  or  permits  telegraphic  communica- 
tion for  hire. 

Telegraph  lines  includes  the  system,  or  any  part  of  the  system  of  poles,  wires 
crossbars,  instruments,  machines,  appliances,  real  estate,  easements,  appurte- 
nances, apparatus  and  property  used,  operated,  controlled  or  owned  by  or  in 
connection  with  the  business  of  any  telegraph  company. 

Telephone  company  includes  every  corporation,  company,  association,  joint 
stock  company  or  association,  partnership  and  person,  their  lessees,  trustees 
or  receivers  appointed  by  any  court  whatsoever,  owning,  operating,  managing  or 
controlling  any  plant,  wires,  poles  or  property,  for  the  reception,  transmission  or 
communication  of  messages  by  telephone  or  telephonic  apparatus  or  instruments, 
or  which  Ucenses,  lets  or  permits  telephonic  communication  for  hire. 

Telephone  lines  includes  the  system,  or  any  part  of  the  system  of  poles,  wires, 
crossbars,  receivers,  transmitters,  instruments,  machines,  appliances,  real  estate, 
easements,  apparatus,  appurtenances  and  property  used,  operated,  controlled  or 
owned  by  or  in  connection  with  the  business  of  any  telephone  company. 

Transportation  of  property  or  freight  includes  any  service  in  connection  with 
the  receiving,  delivering,  elevation,  transfer,  in  transit,  ventilation,  refrigeration, 
icing,  storage  and  handling  of  the  property  or  freight  transported. 

Water  company  includes  every  corporation,  company,  association,  joint 
stock  company  or  association,  partnership  and  person,  their  lessees,  trustees  or  re- 

35 


ceivers  appointed  by  any  court  whatsoever,  owning,  operating,  managing  or  con- 
trolling any  plant  or  property,  dam  or  water  supply,  canal,  or  power  station,  dis- 
tributing or  selling  for  distribution,  or  selling  or  supplying  for  gain  any  water. 


MASSACHUSETTS 

Gas  and  electric  light  commission  has  jurisdiction  over  gas  and 
electric  Hght  companies. 

Railroad  commission  has  jurisdiction  over  raikoads,  electric 
railways  and  street  railways. 

Highways  commission  has  jurisdiction  over  telephone  and  tele- 
graph companies. 

State  board  of  health  has  jurisdiction  over  any  company  en- 
gaged in  the  business  of  supplying  water  to  cities  or  towns  or  the  in- 
habitants thereof. 

The  provisions  of  chapter  58,  Revised  Laws  1902,  shall  apply  to 
all  persons,  corporations  and  municipalities  which  manufacture  or 
distribute  gas  for  sale  and  the  terms  gas  company  and  gas  light  com- 
pany shall  be  construed  as  including  all  persons,  companies  and 
municipalities  owning  or  operating  works  for  the  manufacture  and 
sale  of  gas  for  heating  or  illiuninating  piuposes.  Sec.  ip,  as  amended 
by  Acts  igoQ,  ch.  48 j,  sec.  4. 

DEFINITIONS. 

ACTS     1906,    CH.     433,     SEC.     12. 

Company  shall  include  every  person,  partnership,  association  and  corporation 
engaged  in  the  business  of  the  transmission  of  intelligence  by  electricity. 

ACTS  1906,  CH.  463,  PT.  II,  SEC.  I. 

Railroad  means  a  railroad  or  railway  of  the  class  usually  operated  by  steam 
power. 

Railroad  and  railways  means  all  railroads  and  railways  except  tramways  in 
mines  and  marine  railways. 

Railroad  corporation  means  the  corporation  which  lays  out,  constructs, 
maintains  or  operates  a  railroad  of  the  class  usually  operated  by  steam  power. 

ACTS  1906,  CH.  463,  PT.  Ill,  SEC.  I. 

Extension  means  any  railway  constructed  by  a  street  railway  company  in  a 
city  or  town  in  addition  to  that  authorized  by  its  original  location  therein. 

Location  as  applied  to  a  street  railway,  means  the  grant  to  a  street  railway 
company  of  the  right  to  construct,  maintain  and  operate  a  street  railway  in  a  public 
way  or  place. 

Original  as  applied  to  a  street  railway  location  in  a  city  or  town,  means  the 
first  location  granted  to  the  company  in  such  city  or  town. 

Street  railway  or  railway  means  a  railroad  or  railway,  including  poles,  wires 
or  other  appliances  and  equipment  connected  therewith,  of  the  class  operated  by 
motive  power  other  than  steam,  and  usually  constructed  upon  the  public  ways 
and  places. 


36 


MICHIGAN 

Commission  has  jurisdiction  over  the  business  of  transmitting 
and  supplying  electricity  when  electricity  is  generated  or  developed 
by  steam,  water  or  other  power  within  one  county  of  the  state  and 
transmitted  and  delivered  to  the  consimier  in  the  same  or  some  other 
county.     Puh.  Acts  igog,  no.  io6,  sees,  i  and  2. 

This  act  shall  not  apply  to  the  transmission  or  use  of  electricity 
for  the  purpose  of  conveying  intelligence  by  telegraph,  telephone  or 
other  methods  now  or  hereafter  adopted  therefor.     Same,  sec.  9. 

Commission  has  jurisdiction  over  common  carriers,  including 
express  and  sleeping  car  companies.     Puh.  Acts  1909,  no.  joo,  sec.  5. 

Nothing  in  this  act  contained  shall  apply  to  street  and  electric 
railroads  engaged  solely  in  the  transportation  of  passengers  within 
the  limits  of  cities  or  within  a  distance  of  five  miles  of  the  boimdaries 
thereof.     Same. 

Nothing  in  this  act  contained  shall  be  construed  to  authorize 
the  commission  to  interfere  with,  lessen  or  impair,  or  to  authorize  the 
impairment  of  any  franchise  provision,  contract  or  agreement  as  to 
rate  of  fares  now  existing  between  any  municipality,  city,  village  or 
township  and  any  tram  railway,  street  railway,  interurban  or  suburban 
railway  company,  or  to  increase  or  lessen  the  rate  of  fare  fixed  by  such 
franchise,  contract  or  agreement,  or  to  deprive  any  tram  railway, 
street  railway,  interurban  or  suburban  railway  company  of  the  right 
to  charge  for  the  carriage  of  passengers  the  rate  of  fare  authorized 
and  fixed  by  any  franchise,  grant  or  contract  made  or  entered  into 
between  any  municipality,  city,  village  or  township  and  any  such 
tram  railway,  street  railway,  interurban  or  suburban  railway  com- 
pany. Pub.  Acts  1909,  no.  joo,  sec.  3(c),  as  amended  by  Pub.  Acts 
1911,  no.  lyj. 

The  provisions  of  this  act  shall  apply  to  the  transportation  of 
passengers  and  property  between  points  within  this  state,  and  to  the 
receiving,  switching,  delivering,  storing  and  handling  of  such  property, 
and  to  all  charges  connected  therewith,  including  icing  and  mileage 
charges.     Same,  sec.  i. 

Commission  has  jurisdiction  over  telephone  companies.  Pub. 
Acts.  1911,  no.  ij8,  sec.  2. 


DEFINITIONS. 

PUB.    ACTS    1909,   no.   300,    SEC.    3. 

Common  carrier  shall  be  construed  to  mean  and  embrace  all  corporations, 
companies,  individuals,  associations  of  individuals,  their  lessees,  trustees  or  re- 
ceivers appointed  by  any  court  whatsoever,  who  now  or  may  hereafter  own, 

37 


6perate,  manage  or  control  as  a  common  carrier  in  this  state,  any  railroad  or  part 
of  any  railroad,  whether  operated  by  steam,  electricity  or  other  motive  power,  or 
cars  or  any  other  equipment  used  thereon,  or  bridges,  switches,  spurs,  tracks, 
side  tracks,  terminal  facilities,  or  any  docks,  wharves  or  storage  elevators  used  in 
connection  therewith  or  any  kind  of  terminal  facilities  used  or  necessary  in  the 
transportation  of  persons  or  property  designated  herein,  and  also  all  freight 
depots,  yards  and  grounds  used  or  necessary  for  the  transportation  or  delivery  of 
any  said  property  and  whether  the  same  are  owned  by  said  railroad  or  otherwise; 
or  any  express  company,  car  loaning  companies,  freight  or  freight  line  companies 
and  all  associations  or  persons,  whether  incorporated  or  otherwise,  that  shall  do 
business  as  common  carriers  upon  or  over  any  line  of  railroads  in  this  state,  or  any 
common  carrier  engaged  in  the  transportation  of  passengers  and  property  wholly 
by  rail  or  partly  by  rail  and  partly  by  water. 

Express  companies  and  sleeping  car  companies  doing  business  for  hire  within 
this  state  are  hereby  defined  to  be  common  carriers. 

Railroad  shall  be  construed  to  mean  all  railroads,  whether  operated  by 
steam,  electric  or  other  motive  power. 

Transportation  shall  include  cars  and  other  vehicles  and  all  instrumentalities 
and  facilities  of  shipment,  or  carriage,  irrespective  of  ownership,  or  of  any  con- 
tract expressed  or  implied  for  the  use  thereof,  and  all  services  in  connection  with 
the  receipt,  delivery,  elevation,  switching  and  transfer  in  transit,  ventilation,  re- 
frigeration or  icing,  storage  and  handling  of  persons  or  property  transported. 

PUB.    ACTS    191 1,   NO.    138,   SEC.    I. 

All  persons,  corporations  and  associations  operating  telephone  lines  or  ex- 
changes doing  a  telephone  business  within  the  state  of  Michigan,  are  hereby  de- 
clared to  be  common  carriers;  and  all  laws  so  far  as  applicable  now  in  force  or  that 
may  be  hereafter  enacted,  regulating  the  transportation  of  persons  or  property  by 
railroad  companies  within  the  state,  shall  apply  with  equal  force  and  effect  to 
telephone  companies. 

MINNESOTA 

Commission  has  jurisdiction  over  railroads  and  express  com- 
panies doing  business  as  common  carriers  and  over  public  warehouses. 
Rev.  Laws  igoj,  ch.  28,  sec.  1953. 

All  provisions  of  this  chapter  regarding  the  construction,  main- 
tenance and  operation  of  railroads  and  the  duties  and  liabilities  oi 
railroad  companies  shall  apply  to  any  firm  or  person  operating  a  rail- 
road, whether  as  owner,  lessee,  trustee,  receiver  or  otherwise,  and 
the  terms  company  wherever  used  in  this  chapter  shall  be  construed 
to  include  any  such  firm  or  person  when  such  construction  is  not 
inconsistent  with  the  context.     Same,  sec.  204 j. 

DEFINITIONS. 

REV.  LAWS  1905,  CH.  28. 

Carrier  shall  include  all  common  carriers  engaged  in  the  transportation  of 
persons  or  property  between  places  within  this  state  by  railroad,  or  partly  by 
railroad  and  partly  by  water,  when  both  are  used  under  a  common  control^ 
ownership,  management,  or  arrangement  for  such  carriage  without  regard  to  the 

38 


motive  power,  whether  such  carrier  owiis  or  operates  the  Une  or  lines  over  which 
such  passengers  or  freight  are  transported,  or  carries  the  same  over  the  lines  or 
in  the  cars  of  any  other  company  as  an  express  or  transportation  company,  but 
shall  not  include  street  railways  so  far  as  relates  to  the  carriage  of  persons  or 
property  wholly  within  the  limits  of  any  municipality  or  municipalities.  Sec. 
1990. 

Railroad  shall  include  all  bridges  or  ferries  used  or  operated  in  connection 
with  any  railroad,  and  also  all  the  road  in  use  by  any  corporation  operating  a 
railroad,  whether  owned,  or  operated  under  a  lease  or  other  contract.     Sec.  1991. 

Transportation  shall  include  all  instrumentalities  of  shipment  or  carriage. 
Same. 

MISSISSIPPI 

Railroads,  express,  telegraph,  telephone  and  sleeping  car  com- 
panies are  common  carriers.     Const.,  art.  mi,  sees.  184,  igj. 

Commission  has  jtirisdiction  over  railroads,  express,  telegraph, 
telephone  and  sleeping  car  companies,  car  service  associations  and 
other  associations  governing  or  controlling  cars  or  rolling  stock  of 
railroads  in  the  same  manner  as  railroads.     Code  igo6,  sec.  4843. 

All  laws  and  parts  of  laws  giving  authority  to  the  commission 
to  supervise  common  carriers  shall  also  apply  to  car  service  associa- 
tions or  other  associations  governing  or  controlling  cars  or  rolling 
stock  of  railroads  at  whatever  places  they  do  business  in  the  state. 
Laws  ipo8,  ch.  8'j,  sec.  2. 

MISSOURI 

Commission  has  jurisdiction  over  railroads,  express  companies 
and  warehouses. 

MONTANA 

All  railroads,  transportation  and  express  companies  shall  be 
common  carriers.     Const.,  art.  .vo,  sec.  5. 

The  provisions  of  this  act  shall  apply  to  the  transportation  of 
passengers  and  property  between  points  within  this  state,  and  to  the 
receiving,  switching,  delivering,  storing  and  handling  of  such  prop- 
erty, and  to  all  charges  connected  therewith  and  shall  apply  to  rail- 
road companies,  express  companies,  car  companies,  sleeping  car 
companies,  freight  and  freight  line  companies,  and  to  any  shipments 
of  property  made  from  any  point  within  this  state  to  any  other  point 
within  this  state,  whether  the  transportation  of  the  same  shall  be 
wholly  within  this  state  or  partly  within  this  state  and  partly  within 
an  adjoining  state  or  states.     Rev.  Codes  igoy,  sec.  4373. 

The  provisions  of  this  act  shall  apply  to  all  persons,  firms  or 

39 


companies,   incorporated  or  otherwise,   that   shall  do  business  as 
common  carriers  upon  any  of  the  lines  of  railroad  in  this  state.     Same. 

DEFINITIONS. 

REV.  CODES  1907  (railroad  COMMISSION  ACT,  EMBRACING  SECS.  4363  TO  4398). 

Railroad  shall  be  taken  to  mean  any  corporation,  company  or  individual 
owning  or  operating  any  railroad,  in  whole  or  in  part,  in  this  state.  It  shall  also 
include  express  companies  and  sleeping  car  companies.     Sec.  4373. 

Railroad  shall  be  held  to  mean  and  include  railroad  companies,  express  com- 
panies, car  companies,  sleeping  car  companies,  freight  and  freight  line  companies, 
and  all  common  carriers.     Sec.  4374. 

Transportation  shall  include  all  instntmentalities  of  shipment  or  carriage. 
Sec.  4373. 

NEBRASKA 

Commission  has  jurisdiction  over  railroads,  express  companies, 
car  companies,  sleeping  car  companies,  freight  and  freight  line  com- 
panies and  any  other  common  carriers  engaged  in  the  transportation 
of  freight  or  passengers  within  the  state.     Stats.  1907,  sec.  io6jo{b). 

DEFINITIONS. 

STATS.    1907,   SEC.    10652. 

Common  carriers  include  railroads,  interurban  or  street  railway  lines  operated 
either  by  steam  or  electricity  or  any  other  motive  power,  or  any  express  company, 
car  company,  sleeping  car  company,  freight  and  freight  line  company,  telegraph 
and  telephone  company,  and  any  other  carrier  engaged  in  the  transmission  of 
messages  or  transportation  of  passengers  or  freight  for  hire.     Same,  sec.  10652. 

NEVADA 

Commission  has  jurisdiction  over  railroads,  express,  telegraph 
and  telephone  companies,  companies  owning  cars  of  any  kind  or 
character,  used  and  operated  as  a  part  of  railroad  trains  and  public 
utilities. 

The  provisions  of  this  act  shall  apply  to  the  transportation  of 
passengers  and  property  and  the  transmission  of  messages  between 
points  within  the  state,  and  to  the  receiving,  switching,  delivering, 
storing  and  hauling  of  such  property,  and  receiving  and  delivering 
messages,  and  to  all  charges  connected  therewith,  including  icing 
charges  and  mileage  charges,  and  shall  apply  to  all  railroads,  corpo- 
rations, express  companies,  car  companies,  freight  and  freight  line 
companies,  and  to  all  associations  of  persons,  whether  incorporated 
or  otherwise,  that  shall  do  business  as  common  carriers,  upon  or  over 
any  line  of  railroad  within  this  state,  and  to  any  common  carrier 
engaged  in  the  transportation  of  passengers  and  property,  wholly 
by  rail,  or  partly  by  rail  and  partly  by  water.  Stats.  1907,  ch.  44, 
sec.  2 (a),  as  amended  by  Stats.  1909,  ch.  121,  sec.  2. 

40 


DEFINITIONS. 

STATS.    1907,  CH.   44,   SEC.   2,   AS  AMENDED  BY  STATS.    I9O9,   CH.    121,   SEC.   2. 

Railroad  shall  mean  and  embrace  all  corporations,  companies,  individuals, 
associations  of  individuals,  their  lessees,  trustees  or  receivers  (appointed  by  any 
court  whatsoever)  that  now,  or  may  hereafter,  own,  operate,  manage,  or  control 
any  railroad  or  part  of  a  railroad  as  a  common  carrier  in  this  state,  or  cars,  or 
other  equipment  used  thereon,  or  bridges,  terminals,  or  sidetracks,  or  any  docks 
or  wharves  or  storage  elevators  used  in  connection  therewith,  whether  owned  by 
such  railroads  or  otherwise. 

Railroad  whenever  used  herein,  shall  mean  and  embrace  express  com- 
panies, telegraph  and  telephone  companies,  and  all  companies  which  may  own 
cars  of  any  kind  or  character,  used  and  operated  as  a  part  of  railroad  trains,  in  or 
through  this  state,  and  all  duties  required  of  and  penalties  imposed  upon  any  rail- 
road or  any  officer  or  agent  thereof  shall,  in  so  far  as  the  same  are  applicable,  be 
required  of  and  imposed  upon  express  companies,  telegraph  and  telephone  com- 
panies, and  companies  which  may  own  cars  of  any  kind  or  character,  used  and 
operated  as  a  part  of  railroad  trains  in  or  through  this  state,  and  their  officers 
and  agents,  and  the  commission  shall  have  the  power  of  supervision  and  control 
of  all  such  companies  to  the  same  extent  as  of  railroads. 

STATS.    191 1,   CH.    162,    SEC.   3. 

Public  utility  shall  embrace  every  corporation,  company,  individual,  asso- 
ciation of  individuals,  their  lessees,  trustees,  or  receivers  appointed  by  any  court 
whatsoever,  that  now  or  hereafter  may  own,  operate  or  control  any  plant  or  equip- 
ment, or  any  part  of  a  plant  or  equipment  within  the  state  for  the  production, 
delivery  or  furnishing  for  or  to  other  persons,  firms,  associations,  or  corporations, 
private  or  municipal,  heat,  light,  power  in  any  form  or  by  any  agency,  water  for 
business,  manufacturing,  agricultural  or  household  use,  or  sewerage  service 
whether  within  the  limits  of  municipalities,  towns  or  villages,  or  elsewhere;  and 
the  commission  is  hereby  invested  with  full  power  of  supervision,  regulation  and 
control  of  all  such  utilities  subject  to  the  provisions  of  this  act  and  to  the  exclu- 
sion of  the  jurisdiction,  regulation  and  control  of  such  utilities  by  any  munici- 
pality, town  or  village. 

NEW  HAMPSHIRE 

Commission  has  jurisdiction  over  railroads  and  public  utilities. 
DEFINITIONS. 

LAWS,    1909,  CH.    126,   SEC.    I. 

Carrier  shall  be  construed  to  mean  all  common  carriers  of  passengers  in- 
cluding railroads. 

LAWS    191 1,    CH.    164,    SEC.    I. 

Public  utility  shall  include  every  corporation,  company,  association^  joint 
stock  association,  partnership  and  person,  their  lessees,  trustees  or  receivers 
appointed  by  any  court  whatsoever,  except  municipal  corporations,  owning,  oper- 
ating or  managing  any  plant  or  equipment  Or  any  part"  of  the  same  for  the  con- 
veyance of  telephone  or  telegraph  messages  or  for  the  manufacture  or  furnishing 
of  light,  heat,  power  or  water  for  the  public,  or  owning  or  operating  any  ferry  or 
toll  bridge. 

41 


Railroad  shall  include  every  railroad  and  street  railway  by  whatever  power 
operated  which  is  open  to  public  use  in  the  conveyance  of  persons  or  property,  for 
a  compensatioa,  also  all  bridges,  grade  crossings,  under  passes,  switches,  spurs, 
tracks,  equipment,  stations  and  terminals  and  other  facilities  and  property  of 
every  kind  whatever,  used,  operated  or  owned  by  or  in  connection  with  any  such 
railroad  or  railway. 

Railroad  corporation  shall  include  ev^ry  corporation,  company,  association, 
joint  stock  association,  partnership  and  person,  their  lessees,  trustees  or  receivers, 
appointed  by  any  court  whatsoever,  owning,  operating  or  managing  any  railroad 
or  street  railway  or  any  cars  or  equipment  used  thereon  or  in  connection  there- 
with, or  engaged  in  carrying  on  a  public  express  business  over  the  line  of  any 
railroad. 

NEW  JERSEY 

Commission  has  jurisdiction  over  all  public  utilities  and  over 
their  property,  property  rights,  equipment,  facilities  and  franchises, 
so  far  as  may  be  necessary  for  the  purpose  of  carrying  out  the  pro- 
visions of  this  act.     Laws  igii,  ch.  igj,  sec.  75. 


LAWS  191 1,  CH.  195,  SEC.  15. 

Public  utility  is  hereby  defined  to  include  every  individual,  co-partnership, 
association,  corporation  or  joint  stock  company,  their  lessees,  trustees  or  receivers 
appointed  by  any  court  whatsoever,  that  now  or  hereafter  may  own,  operate, 
manage  or  control  within  the  state  of  New  Jersey  any  steam  railroad,  street  rail- 
way, traction  railway,  canal,  express,  subway,  pipe  line,  gas,  electric  light,  heat, 
power,  water,  oil,  sewer,  telephone,  telegraph  system,  plant  or  equipment  for 
public  use,  under  privileges  granted  or  hereafter  to  be  granted  by  the  state  of 
New  Jersey  or  by  any  political  subdivision  thereof. 


NEW  MEXICO 

Commission  has  jurisdiction  over  railway,  express,  telegraph, 
telephone,  sleeping  car  and  other  transportation  and  transmission 
companies,  and  common  carriers  within  the  state.  Const.,  art.  XI, 
sec.  7. 


NEW  YORK 

Commission  has  jurisdiction  over  transportation  of  passengers  or 
property  from  one  point  to  another  within  the  state  and  over  any 
common  carrier  performing  such  service,  including  any  person  or 
corporation  who  or  which  owns  or  operates  any  stage  route  in  any 
city  of  1,000,000  inhabitants;  over  the  manufacture  and  furnishing 
of  gas  for  light,  heat  or  power  and  the  furnishing  of  natural  gas  for 
light,  heat  or  power;  over  the  generation,  furnishing  and  transmission 

42 


of  electricity  for  light,  heat  and  power;  over  communication  by  tele- 
graph or  telephone  between  one  point  and  another  within  the  state; 
and  over  every  telegraph  and  telephone  corporation.  Laws  igog,  ch. 
2ig,  sec.  24;  Laws  igio,  ch.  480,  sees.  25,  64,  go. 

Corporations  formed  to  acquire  property  or  to  transact  business 
which  would  be  subject  to  the  provisions  of  this  chapter,  and  corpora- 
tions possessing  franchises  for  any  of  the  purposes  contemplated  by 
this  chapter,  shall  be  deemed  to  be  subject  to  the  provisions  of  this 
chapter  although  no  property  may  have  been  acquired,  business  trans- 
acted or  franchises  exercised.     Laws  igio,  ch.  480,  sec.  5(7). 

DEFINITIONS. 

LAWS    19 10,   CH.   480,   SEC.   2. 

Common  carrier  includes  all  railroad  corporations,  street  railroad  corpora- 
tions, express  companies,  car  companies,  sleeping-car  companies,  freight  com- 
panies, freight-line  companies,  and  every  corporation,  company,  association, 
joint  stock  association,  partnership  and  person,  their  lessees,  trustees  or  receivers 
appointed  by  any  court  whatsoever,  owning,  operating  or  managing  any  such 
agency  for  public  use  in  the  conveyance  of  persons  or  property  within  this  state; 
but  the  said  term  common  carrier  when  used  in  this  chapter  shall  not  include  an 
express  company  unless  the  same  is  operated  whoUy  or  in  part  upon,  or  in  con- 
nection with,  a  railroad  or  street  railroad. 

Corporation  includes  a  corporation,  company,  association  and  joint-stock 
association.  • 

Electrical  Corporation  includes  every  corporation,  company,  association,  joint- 
stock  association,  partnership  and  person,  their  lessees,  trustees  or  receivers  ap- 
pointed by  any  court  whatsoever  (other  than  a  railroad  or  street  railroad  corpora- 
tion generating  electricity  solely  for  railroad  or  street  railroad  purposes  or  for 
the  use  of  its  tenants  and  not  for  sale  to  others)  owning,  operating  or  managing 
any  electric  plant,  except  where  electricity  is  generated  or  distributed  by  the  pro- 
ducer solely  on  or  through  private  property  for  railroad  or  street  railroad  purposes 
or  for  its  own  use  or  the  use  of  its  tenants  and  not  for  sale  to  others. 

Electric  plant  includes  all  real  estate,  fixtures  and  personal  property  operated, 
owned,  used  or  to  be  used  for  or  in  connection  with  or  to  facilitate  the  generation, 
transmission,  distribution,  sale  or  furnishing  of  electricity  for  light,  heat  or  power; 
and  any  conduits,  ducts  or  other  devices,  materials,  apparatus  or  property  for 
containing,  holding  or  carrying  conductors  used  or  to  be  used  for  the  transmission 
of  electricity  for  light,  heat  or  power. 

Gas  corporation  includes  every  corporation,  company,  association,  joint- 
stock  association,  partnership  and  person,  their  lessees,  trustees  or  receivers  ap- 
pointed by  any  court  whatsoever,  owning,  operating  or  managing  any  gas  plant 
except  where  gas  is  made  or  produced  and  distributed  by  the  maker  on  or  through 
private  property  solely  for  its  own  use  or  the  use  of  its  tenants  and  not  for  sale  to 
others. 

Gas  plant  includes  all  real  estate,  fixtures  and  personal  property  operated, 
owned,  used  or  to  be  used  for  or  in  connection  with  or  to  facilitate  the  manufac- 
ture, distribution,  sale  or  furnishing  of  gas  (natural  or  manufactured)  for  light, 
beat  or  power. 

43 


Municipality  includes  a  city,  village,  town  or  lighting  district,  organized  as 
provided  by  a  general  or  special  act. 

Person  includes  an  individual,  and  a  firm  or  copartnership. 

Railroad  includes  every  railroad,  other  than  a  street  railroad,  by  whatsoever 
power  operated  for  public  use  in  the  conveyance  of  persons  or  property  for  com- 
pensation, with  all  bridges,  ferries,  tunnels,  equipment,  switches,  spurs,  tracks, 
stations  and  terminal  facilities  of  every  kind  used,  operated  or  owned  by  or  in 
connection  with  any  such  railroad. 

Railroad  corporation  includes  every  corporation,  company,  association,  joint- 
stock  association,  partnership  and  person,  their  lessees,  trustees  or  receivers 
appointed  by  any  court  whatsoever,  owning,  operating  or  managing  any  rail- 
road or  any  cars  or  other  equipment  used  thereon  or  in  connection  therewith. 

Street  railroad  includes  every  railroad  by  whatsoever  power  operated,  or  any 
extension  or  extensions,  branch  or  branches  thereof,  for  public  use  in  the  convey- 
ance of  persons  or  property  for  compensation,  being  mainly  upon,  along,  or  below 
any  street,  avenue,  road,  highway,  bridge  or  public  place  in  any  city,  village  or 
town,  and  including  all  equipment,  switches,  spurs,  tracks,  right  of  trackage, 
subways,  tunnels,  stations,  terminals  and  terminal  facilities  of  every  kind  used, 
operated  or  owned  by  or  in  connection  with  any  such  street  railroad;  but  the  said 
term  street  railroad,  when  used  in  this  chapter,  shall  not  include  a  railroad  con- 
stituting or  used  as  part  of  a  trunk  line  railroad  system. 

Street  railroad  corporation  includes  every  corporation,  company,  association, 
joint-stock  association,  partnership  and  person,  their  lessees,  trustees  or  receivers 
appointed  by  any  court  whatsoever  owning,  operating  or  managing  any  street 
railroad  or  any  cars  or  other  equipment  used  thereon  or  in  connection  therewith. 

Telegraph  corporation  includes  every  corporation,  company,  association, 
joint-stock  association,  partnership  and  person,  their  lessees,  trustees  or  receivers, 
appointed  by  any  court  whatsoever,  owning,  operating  or  managing  any  tele- 
graph line  or  part  of  telegraph  line  used  in  the  conduct  of  the  business  of  affording 
for  hire  communication  by  telegraph. 

Telegraph  line  includes  conduits,  ducts,  poles,  wires,  cables,  cross-arms,  in- 
stnunents,  machines,  appliances  and  all  devices,  real  estate,  easements,  apparatus, 
property  and  routes  used,  operated  or  owned  by  any  telegraph  corporation  to 
facilitate  the  business  of  affording  communication  by  telegraph. 

Telephone  corporation  includes  every  corporation,  company,  association, 
joint-stock  association,  partnership  and  person,  their  lessees,  trustees  or  receivers 
appointed  by  any  court  whatsoever,  owning,  operating  or  managing  any  tele- 
phone line  or  part  of  telephone  line  used  in  the  conduct  of  the  business  of  affording 
telephonic  communication  for  hire;  excepting,  however,  any  corporation,  company 
association,  joint-stock  association,  partnership  or  person,  their  lessees,  trustees 
or  receivers,  having  property  actually  used  in  the  public  service  within  the  state 
of  a  value  not  exceeding  $10,000,  or  which  do  not  operate  the  business  of  affording 
telephonic  communication  for  profit. 

Telephone  line  includes  conduits,  ducts,  poles,  wires,  cables,  cross-arms,  re- 
ceivers, transmitters,  instruments,  machines,  appliances  and  all  devices,  real 
estate,  easements,  apparatus,  property  and  routes  used,  operated  or  owned  by  any 
telephone  corporation  to  facilitate  the  business  of  affording  telephonic  commu- 
nication. 

Transportation  of  property  includes  any  service  in  connection  with  the  re- 
ceiving, delivery,  elevation,  transfer  in  transit,  ventilation,  refrigeration,  icing, 
storage  and  handling  of  the  property  transported. 

44 


NORTH  CAROLINA 

Commission  has  jurisdiction  over  railroad,  street  railway,  steam- 
boat, canal,  express  and  sleeping  car  companies  and  all  other  common 
carriers  and  over  telephone  and  telegraph  companies.  PelVs  Revisal 
igo8,  sec.  1066. 

Every  person  or  individual  owning  and  operating  any  telephone 
or  telegraph  line,  who  rents  poles  or  wires  to  persons  generally  shall 
be  subject  to  the  same  control  and  supervision  by  the  commission  as 
are  corporations  owning  and  operating  telephone  and  telegraph  lines. 
Acts  igoy,  ch.  g66,  sec.  i. 


NORTH  DAKOTA 

All  railroad,  sleeping  car,  telegraph,  telephone  and  transportation 
companies  of  passengers,  intelligence  and  freight  are  declared  to  be 
common  carriers  and  subject  to  legislative  control.  Cont.,  art.  VII, 
sec.  142. 

The  provisions  of  this  article^  shall  apply  to  the  transportation 
of  passengers,  property  and  the  transmission  of  messages  between 
points  within  this  state  and  to  the  receiving,  switching,  delivering, 
storing  and  hauling  of  such  property  and  receiving  and  delivering  and 
canying  all  messages  and  of  all  charges  connected  therewith,  including 
icing  and  mileage  charges,  and  shall  apply  to  all  railroad  corporations, 
express  companies,  car  companies,  freight  and  freight  line  companies 
and  to  all  associations  of  persons,  whether  incorporated  or  otherwise, 
that  shall  do  business  within  this  state  and  to  any  common  carrier 
within  the  state  that  shall  do  business  upon  or  from  any  line  or  rail- 
road within  the  state  and  to  any  common  carrier  engaged  in  the 
transportation  of  persons  or  property  wholly  by  rail  or  partly  by  rail 
or  water.     Rev.  Codes  1905,  sec.  4324. 

The  term  common  carrier  whenever  used  in  this  article  shall  be 
construed  to  include  telephone  and  telegraph  companies  and  asso- 
ciations engaged  in  the  receiving,  transmitting  and  delivering  of 
messages.     Same. 

The  provisions  of  this  article  shall  apply  to  all  persons,  firms  and 
companies  and  to  all  associations  of  persons  whether  incorporated 
or  otherwise  that  shall  do  business  as  common  carriers  upon  any  of 
the  lines  of  railway  operated  by  steam  in  this  state  the  same  as  to, 
railroad  corporations  herein  mentioned.     Same,  sec.  4325. 

1  Comprising  sees.  4324  -4397  of  Revised  Codes  1905. 

45' 


DEFINITIONS. 

REVISED  CODES    I905,   SEC.   4325. 

Railroad  shall  include  all  bridges  and  ferries  used  or  operated  in  connection 
with  any  railroad,  and  also  all  the  road  in  use  by  any  corporation,  receiver,  trustee, 
or  other  person  used  as  a  common  carrier  or  operated  as  a  railroad  whether  owned 
or  operated  under  contract,  agreement,  lease  or  otherwise. 

Railroad  corporation  shall  be  deemed  and  taken  to  mean  all  corporations, 
companies  or  individuals  now  owning  or  operating  or  using  or  which  may  here- 
after own,  operate  or  use  as  a  common  carrier  any  railroad  operated  by  steam  in 
whole  or  in  part  in  this  state,  or  leases  cars  by  whatever  name  known  for  the 
purpose  of  transportation. 

Transportation  shall  include  all  the  instrumentalities  of  shipment  or  carriage. 


OHIO 

This  chapter^  shall  apply  to  the  transportation  of  passengers  and 
property  between  points  within  this  state,  to  the  receiving,  switching, 
delivering,  storing  and  hauling  of  such  property,  and  to  all  charges 
connected  therewith,  including  icing  charges  and  mileage  charges,  to 
all  railroad  companies,  sleeping  car  companies,  equipment  companies, 
express  companies,  car  companies,  freight  and  freight  line  companies, 
to  all  associations  of  persons,  whether  incorporated  or  otherwise, 
which  do  business  as  common  carriers,  upon  or  over  a  line  of  railroad 
within  this  state,  and  to  a  common  carrier  engaged  in  the  transpor- 
tation of  passengers  or  property  wholly  by  rail  or  partly  by  rail  and 
partly  by  water  or  wholly  by  water.  In  addition  thereto  the  pro- 
visions of  this  act  shall  apply  to  the  regulation  of  any  and  all  other 
duties,  services,  practices  and  charges  of  the  railroad  company, 
incident  to  the  shipping  and  receiving  of  freight,  which  are  proper 
subjects  of  regulation,  excepting  only,  that  they  shall  not  apply  to  the 
regulations  of  commerce  with  foreign  nations,  and  among  the  several 
states,  and  with  the  Indian  tribes.  Code  igio,  sec.  502,  as  amended 
by  laws  igii,  no.  j2j,  sec.  i. 

Commission  shall  have  the  power  of  supervision  and  control  of 
express  companies,  water  transportation  companies  and  interurban 
railroad  companies  to  the  same  extent  as  railroads.  Code  1910,  sec. 
^01,  as  amended  by  laws  1911,  no.  525,  sec.  i. 

The  jurisdiction,  supervision,  powers  and  duties  of  the  public 
service  commission  shall  extend  to  every  public  utility  and  railroad. 
.  .  .  Laws  191 1,  no.  325,  sec.  6. 

Commission  is  vested  with  power  and  jurisdiction  to  supervise 
and  regulate  public  utilities  and  railroads  as  herein  defined  and  pro- 
vided.   Sam^j  sec.  5. 

»  Chapter  i  of  code  1910,  on  railroad  commission,  embracing  sections  487-614. 

46 


Companies  formed  to  acquire  property  or  to  transact  business 
which  would  be  subjected  to  the  provisions  of  this  act,  and  companies 
owning  or  possessing  franchises  for  any  of  the  purposes  contemplated 
by  this  act,  shall  be  deemed  and  held  to  be  subject  to  the  provisions 
of  this  act,  although  no  property  may  have  been  acquired,  business 
transacted  or  franchises  exercised.     Same,  sec.  77. 

DEFINITIONS. 

CODE   I9IO,  SEC.   501,  AS  AMENDED  BY  LAWS  I9II,  NO.  325,  SEC.   I. 

Railroad  shall  include  all  corporations,  companies,  individuals,  associations 
of  individuals,  their  lessees,  trustees,  or  receivers  appointed  by  a  court,  which 
owns,  operates,  manages  or  controls  a  railroad  or  part  thereof  as  a  common 
carrier  in  this  state,  or  which  owns,  operates,  manages  or  controls  any  cars  or 
other  equipment  used  thereon,  or  which  owns,  operates,  manages  or  controls  any 
bridges,  terminals,  union  depots,  side  tracks,  docks,  wharves  or  storage  elevators 
used  in  connection  therewith,  whether  owned  by  such  railroad  or  otherwise. 
Such  term  railroad  shall  mean  and  embrace  express  companies,  water  transporta- 
tion companies  and  interurban  railroad  companies  and  all  duties  required  of  and 
penalties  imposed  upon  a  railroad  or  an  officer  or  agent  thereof,  insofar  as  they  are 
applicable,  shall  be  required  of  and  imposed  upon  express  companies,  water 
transportation  companies  and  interurban  railroad  companies,  their  officers  and 
agents. 

LAWS    191 1,   NO.   325,   SECS.   3   AND  4. 

Any  person  or  persons,  firm  or  firms,  co-partnership  or  voluntary  associa- 
tion, joint  stock  association,  company  or  corporation,  wherever  organized  or 
incorporated : 

When  engaged  in  the  business  of  transmitting  to,  from,  through 
or  in  this  state,  telephonic  messages,  is  a  telephone  company  and  as 
such  is  declared  to  be  a  common  carrier. 

When  engaged  in  the  business  of  supplying  electricity  for  light, 
heat  or  power  purposes  to  consumers  within  this  state,  is  an  electric 
light  company. 

When  engaged  in  the  business  of  supplying  artificial  gas  for 
lighting,  power  or  heating  purposes  to  consumers  within  this  state, 
is  a  gas  company. 

When  engaged  in  the  business  of  supplying  water,  steam  or  air 
through  pipes  or  tubing  to  consumers  within  this  state  for  heating 
or  cooling  purposes,  is  a  heating  or  cooling  company. 

When  engaged  in  the  business  of  supplying  messengers  for  any 
purpose,  is  a  messenger  company. 

When  engaged  in  the  business  of  supplying  natural  gas  for 
lighting,  heating  or  power  purposes  to  consumers  within  this  state, 
is  a  natural  gas  company. 

When  engaged  in  the  business  of  transporting  natural  gas  or 
oil  through  pipes  or  tubing,  either  wholly  or  partly  within  this  state, 
is  a  pipe  line  company. 

When  engaged  in  the  business  of  operating  a  railroad,  wholly  or 

47 


■  partially  within  this  state,  with  one  or  more  tracks  from  one  munici- 
•  pal  corporation  or  point  in  this  state  to  another  municipal  corpora- 
tion or  point  in  this  state,  whether  constructed  upon  the  public  high- 
ways or  upon  private  rights-of-way,  outside  of  municipalities,  using 
'  -  electricity  or  other  motive  power  than  animal  or  steam  power  for 
the  transportation  of  passengers,  packages,  express  matter.  United 
States  mail,  baggage  and  freight,  is  an  interurban  railroad  company, 
and  included  in  the  term  railroad  as  used  in  section  501  of  the 
general  code. 

Railroad  when  used  in  this  act,  includes  all  railroads,  interurban 
railroad  companies,  express  companies,  freight  line  companies,  sleep- 
ing car  Companies,  equipment  companies,  car  companies,  water 
.-      ■      transportation  companies,  and  all  persons  and  associations  of  per- 
:•  :       sons,  whether  incorporated  or  not,  operating  such  agencies  for 
-,  public  use  in  the  conveyance  of  persons  or  property  within  this 

..-,  ,.      state. 

When  engaged  in  the  business  of  signalling  or  calling  by  an 
electrical  apparatus,  or  in  a  similar  manner,  for  any  purpose,  is  a 
signalling  company. 

When  engaged  in  the  business  of  operating,  as  a  common  car- 
rier, a  railroad,  wholly  or  partly  within  this  state,  with  one  or  more 
tracks  upon,  along,  above  or  below  any  pubHc  road,  street,  alley, 
way  or  ground,  within  any  municipal  corporation,  operated  by  any 
motive  power  other  than  steam,  and  not  a  part  of  an  interurban 
railroad,  whether  such  railroad  be  termed  street,  inclined  plane, 
elevated  or  underground  railroad,  is  a  street  railroad  company. 

When  engaged  in  the  business  of  operating  as  a  common  carrier, 
whether  wholly  or  partially  within  this  state,  a  part  of  a  street  rail- 
way constructed  or  extended  beyond  the  limits  of  a  municipal 
corporation,  and  not  a  part  of  an  interurban  railroad  is  a  suburban 
railroad  company. 

When  engaged  in  the  business  of  transmitting  to,  from,  through 
or  in  this  state,  telegraphic  messages,  is  a  telegraph  company. 

When  engaged  in  the  business  of  supplying  water  through  pipes 
or  tubing,  or  in  a  similar  manner  to  consumers  within  this  state,  is 
a  water  works  company. 
Public  utility  shall  mean  and  include  every  corporation,  company,  co- 
partnership, person  or  association,  their  lessees,  trustees  or  receivers,  defined 
in  the  next  preceding  section,  except  such  public  utilities  as  operate  their  utilities 
not  for  profit,  and  except  such  public  utilities  as  are,  or  may  hereafter  be,  owned 
or  operated  by  any  municipality,  and  except  such  utilities  as  are  defined  as  rail- 
roads in  sections  501  and  502  of  the  general  code  and  these  terms  shall  apply 
in  defining  public  utilities  and  railroads  wherever  used  in  chapter  one,  division 
two,  title  three,  part  first  of  the  general  code  and  the  acts  amendatory  or  sup- 
plementary thereto  or  in  this  act. 


OKLAHOMA 

Commission  has  jurisdiction  over  transportation,  transmission 
and  gas,  electric  light,  heat  and  power  companies. 


48 


DEFINITIONS.  ,    -  .    - 

CONSTITUTION,    ART.    IX.  *  '      ' 

Bond  shall  mean  all  certificates  or  written  evidences  of  indebtedness  issued 
by  any  corporation  and  secured  by  mortgages  or  trust  deed.     Sec.  34. 

Compajty  shall  include  associations  and  joint  stock  companies  having  any 
power  or  privileges  not  possessed  by  individuals,  and  include  all  corporations 
except  municipal  corporations  and  public  institutions  owned  or  controlled  by 
the  state.     Sec.  i8ib).  '  '^ 

Frank  shall  mean  any  writing  or  token  issued  by  or  under  the  authority 
of  a  transmission  company,  entitling  the  holder  to  any  service  from  such  cbm^: 
pany  free  of  charge.     Sec.  34. 

Freight  shall  be  construed  to  mean  any  property  transported  or  received 
for  transportation,  by  any  transportation  company.     Same.  v    , 

Person  shall  include  individuals,  partnerships  and  corporations,  in  the 
singular  as  well  as  the  plural  number.     Same. 

Public  service  corporation  shall  include  all  transportation  and  transmission 
companies,  all  gas,  electric  light,  heat  and  power  companies,  and  all  persons 
authorized  to  exercise  the  right  of  eminent  domain,  or  to  use  or  occupy  any 
right  of  way,  street,  alley  or  public  highway,  whether  along,  over,  or  under  the 
same,  in  a  manner  not  permitted  to  the  general  public.     Sime. 

Transportation  company  shall  include  any  company,  corporation,  trustee, 
receiver  or  any  other  person  owning,  leasing,  or  operating  for  hire,  a  railroad, 
street  railway,  canal,  steam  boat  Hne,  and  also  any  freight  car  company,  car 
association,  express  company,  sleeping  car  company,  car  corporation  or  company, 
trustee  or  person  in  any  way  engaged  in  such  business  as  a  common  carrier  over 
a  route  acquired  in  whole  or  in  part  under  the  right  of  eminent  domain,  or  under 
any  grant  from  the  government  of  the  United  States.     Same. 

Transmission  company  shall  include  any  company,  receiver  or  other  person,' 
owning,  leasing  or  operating  for  hire  any  telegraph  or  telephone  line.     Same.    ' 

Rate  shall  be  construed  to  mean  rate  of  charge  for  any  service  rendered, 
or  to  be  rendered.     Same. 

Rate,  charge,  and  regulations,  shall  include  joint  rates,  joint  charges,  and 
joint  regulations,  respectively.     Same. 

OREGON 

The  provisions  of  this  act  shall  apply  to  the  transportation  of 
passengers  and  property,  and  to  the  receiving,  delivering,  switching, 
storing,  elevation  and  transfer  in  transit,  ventilation,  refrigeration  or 
icing,  and  handling  of  such  property,  and  to  all  charges  connected 
therewith;  and  shall  apply  to  all  railroad  companies,  union  depot 
companies,  terminal  companies,  car  companies,  oil  companies,  tank 
line  companies,  sleeping  car  companies,  freight  and  freight  line  com- 
panies, and  to  all  associations  of  persons,  whether  incorporated  or 
otherwise,  that  shall  do  business  as  common  carriers  upon  or  over 
any  line  of  railroad  within  the  state,  and  to  any  common  carrier  en- 
gaged in  the  transportation  of  passengers  or  property  wholly  by  rail 
or  partly  by  rail  and  partly  by  water.     Gen.  Laws  igoy,  ch.  53,  sec.  ii\ 

49 


This  act  shall  not  apply  to  the  transportation  of  passenger^ 
being  carried  solely  within  the  limits  of  cities  by  street  and  other  rail- 
roads, and  shall  not  apply  to  logging  or  other  private  railroads  not 
doing  business  as  common  carriers.     Same. 

Commission  shall  have  the  power  of  supervision  and  control  of 
imion  depot,  terminal  and  express  companies  to  the  same  extent  as 
railroads.     Same. 

Commission  is  vested  with  power  and  jurisdiction  to  supervise 
and  regulate  every  public  utility  in  this  state.  Gen.  Laws  igii,  ch. 
2yg,  sec.  6. 

No  plant  owned  or  operated  by  a  mimicipality  shall  be  deemed  a 
public  utility  under  or  for  the  piuposes  of  this  act.     Same,  sec.  i. 

DEFINITIONS. 

GEN.   LAWS    1907,   CH.    53,    SEC.    II. 

Railroad  shall  mean  and  embrace  all  corporations,  companies,  -individuals 
associations  of  individuals,  their  lessees,  trustees,  or  receivers  (appointed  by 
any  court  whatsoever),  that  now,  or  may  hereafter,  own,  operate  by  steam, 
electric  or  other  motive  power,  manage  or  control,  any  railroad  or  interurban 
railroad  or  part  of  a  railroad  or  interurban  railroad  as  a  common  carrier  in  this 
state,  or  cars  or  other  equipment  used  thereon,  or  bridges,  terminals,  or  side 
tracks,  used  in  connection  therewith,  whether  owned  or  operated  under  a  con- 
tract agreement  or  lease  or  otherwise. 

Railroad  shall  also  mean  and  embrace  all  corporations,  companies,  in- 
dividuals, associations  of  individuals,  their  lessees,  trustees,  or  receivers  (ap- 
pointed by  any  court  whatsoever),  engaged  in  the  ownership,  management  or 
control  of  union  depots  or  terminals  in  this  state  (which  corporations,  companies, 
individuals  and  associations  are  hereby  declared  to  be  common  carriers),  or  the 
transportation  of  property  within  this  state  by  express. 

Rate,  fare,  charge,  and  joint  rate  as  used  herein  shall  be  taken  to  mean  and 
embrace  an  entire  schedule  of  rates,  fares,  charges  or  joint  rates  as  well  as  par- 
ticular rates  and  groups  of  rates. 

Service  shall  be  taken  in  its  broadest  and  most  inclusive  sense  and  to  include 
equipment  and  facilities. 

GEN.   LAWS    191 1,   CH.    279. 

PubUc  utility  shall  mean  and  embrace  all  corporations,  companies,  individu- 
als, associations  of  individuals,  their  lessees,  trustees  or  receivers  (appointed  by 
any  court  whatsoever),  that  now  or  hereafter  may  own,  operate,  manage  or  con- 
trol any  plant  or  equipment  in  this  state  for  the  conveyance  of  telegraph  or  tele- 
phone messages,  with  or  without  wires,  or  for  the  transportation  of  persons  or 
property  by  street  railroad  as  common  carriers,  or  for  the  production,  transmis- 
sion, delivery  or  furnishing  of  heat,  light,  water  or  power,  and  any  and  all  whether 
either  directly  or  indirectly  to  or  for  the  public,  and  whether  said  plant  or  equip- 
ment or  part  thereof  is  wholly  within  any  town  or  city  or  not.     Sec.  i. 

Council  shall  mean  and  embrace  the  common  council,  city  council,  com- 
mission, or  any  other  governing  body  of  any  town,  city  or  other  municipal  gov- 
ernment wherein  the  property  of  the  public  utility  or  any  part  thereof  is  located. 
Sec,  2. 

50 


Municipality  shall  mean  any  town,  city  or  other  municipal  government 
wherein  property  of  the  public  utility  or  any  part  thereof  is  located.     Sec.  3. 

Service  is  used  in  this  act  in  its  broadest  and  most  inclusive  sense,  and  in- 
cludes equipment  and  facilities.     Sec.  4. 

PENNSYLVANIA 

Commission  has  jurisdiction  over  common  carriers. 

DEFINITIONS. 

LAWS    1907,   NO.    250,   SEC.   6. 

Common  carrier  shall  apply  to  all  corporations,  or  any  person  or  persons, 
within  the  state,  engaged  in  the  transportation  of  freight  or  passengers  by  means 
of  railroads  or  by  water,  or  partly  by  railroad  and  partly  by  water,  including 
electric  railway  companies,  street  railway  companies,  elevated  railway  com- 
panies, underground,  elevated,  or  subway  passenger  railway  companies,  bridges 
and  ferries,  when  used  in  connection  with  the  transportation  of  freight  or  pas- 
sengers upon  any  such  railroad  or  railway;  pipe-line  companies  engaged  in  the 
transportation  of  oil,  either  by  means  of  pipe-lines,  or  by  water,  or  partly  by 
means  of  pipe-lines  and  partly  by  means  of  railroads  or  railways,  or  partly  by 
means  of  pipe-lines  and  partly  by  means  of  water;  sleeping-  and  drawing-room 
car  companies  engaged  in  transporting  passengers  upon  any  such  railroad;  ex- 
press companies  engaged  in  transporting  property  upon  any  such  railroad,  electric 
railway,  street  railway,  or  by  water;  and  telegraph  or  telephone  companies. 

RHODE  ISLAND 

This  act  shall  apply  to  the  public  utilities  herein  described  and 
to  the  commission  hereby  created,  and  to  the  public  utility  corpora- 
tions and  person  herein  mentioned  and  referred  to.  Acts  igi2,  ch. 
7P5,  sec.  I. 

DEFINITIONS. 

ACTS    I912,   CH.    795,    SEC.    2. 

Common  carrier  shall  mean  and  apply  to  and  embrace  all  railroad  corpora- 
tions, street  railway  corporations,  express  companies,  freight  companies,  freight 
line  companies,  dining-car  companies,  steamboat,  power-boat  and  ferry  com- 
panies, and  all  persons  and  associations  of  persons  whether  incorporated  or  not, 
and  their  lessees,  trustees  and  receivers,  appointed  by  any  court  whatsoever, 
operating  any  agency  for  public  use  in  the  conveyance  of  persons  or  property 
within  this  state  by  land  or  by  water,  or  both. 

Corporation  includes  a  corporation,  company,  association,  and  joint  stock 
company  or  association. 

Person  includes  an  individual,  corporation,  and  a  firm  or  copartnership. 

Plant  or  equipment  shall  mean  and  apply  to  and  embrace  all  the  real  estate, 
easements,  buildings,  machinery,  apparatus,  devices,  rolling  stock,  and  tangible 
property  of  whatsoever  kind  and  nature,  and  wherever  located,  used,  controlled, 
operated,  leased  or  owned  by  a  public  utiUty  in  the  conduct  of  the  business 
thereof. 

51 


Public  utility  shall  mean  and  embrace,  and  apply  to  every  corporation, 
company,  person,  association  of  persons,  their  lessees,  trustees,  or  receivers  ap- 
pointed by  any  court  whatsoever,  that  now  or  hereafter  may  own,  lease,  operate, 
manage  or  control  any  railroad  or  street  railway  within  this  state,  or  that  iiow 
or  hereafter  may  operate  or  do  business  as  a  common  carrier  within  this  state; 
and  to  every  corporation,  company,  person,  association  of  persons,  their  lessees, 
trustees  or  receivers  appointed  by  any  court  whatsoever,  that  now  or  hereafter 
may  own,  lease,  operate,  manage  or  control  any  plant  or  equipment,  or  any  part 
of  any  plant  or  equipment,  within  this  state  for  the  conveyance  of  telegraph  or 
telephone  messages,  or  for  the  production,  transmission,  delivery,  or  furnishing 
of  gas,  electricity,  water,  light,  heat  or  power,  either  directly  or  indirectly  to  or 
for  the  public;  provided,  that  this  act  shall  not  be  construed  to  apply  to  any 
puhlijr.  wntrr  wnrl"  and  water  service  owned  and'iurnished  by  any  crE^'^r  town. 

Railroad  includes  every  raiE^oad  other  than  a  street  railway",  l^y^hatsce^r 
power  operated  for  public  use  in  the  conveyance  of  persons  or  property  for  com- 
pensation, with  all  bridges,  ferries,  tunnels,  switches,  spurs,  tracks,  stations, 
wharves  and  terminal  facilities  of  every  kind,  used,  operated,  controlled,  leased 
or  owned  by  or  in  connection  with  any  such  railroad. 

Service  is  used  in  this  act  in  its  broadest  and  most  inclusive  sense. 

Street  railway  includes  every  railway  by  whatsoever  power  operated  or  any 
extension  or  extensions,  branch  or  branches  thereof,  for  public  use  in  the  con- 
veyance of  persons  or  property  for  compensation,  being  mainly  upon,  along, 
above  or  below  any  street,  avenue,  road,  highway,  bridge  or  public  place  in  any 
city  or  town,  and  including  all  switches,  spurs,  tracks,  rights  of  trackage,  sub- 
ways, tunnels,  stations,  terminals,  and  terminal  facilities  of  every  kind,  used, 
operated,  controlled  or  owned,  by  or  in  connection  with,  any  such  street  railway. 


SOUTH  CAROLINA 

Railroad  commission  has  jurisdiction  over  all  transporting  and 
transmitting  corporations.     Const.,  art.  ix,  sec.  14. 

By  Gen.  Stats.  1902,  sec.  2067,  railroad  commission  has  juris- 
diction over  railroads  and  railways,  express  and  telegraph  lines. 

By  Acts  1904,  no.  281,  railroad  commission  has  jurisdiction  over 
telephone  companies. 

Public  service  commission  has  jurisdiction  in  all  cities  of  the 
state  over  maximum  rates  and  charges  for  the  supply  of  water,  gas  or 
electricity  furnished  by  any  person,  firm  or  corporation  to  such  city 
and  the  inhabitants  thereof.     Acts  iQio,  no.  286,  sec.  i. 

The  provisions  of  this  act  shall  not  apply  to  the  cities  of  Charles- 
ton, Marion,  Spartanburg,  Sumter  and  Union  or  the  town  of  Conway. 
^ame. 

SOUTH  DAKOTA 

Commission  has  jurisdiction  over  all  railroads  and  railway 
companies,  express  companies,  car  companies,  sleeping  car  companies,, 
freight  or  freight  line  companies  and  over  any  common  carrier:  oir 

52 


carriers  engaged  in  the  transportation  of  passengers  or  property  by 
railroad  (street  railroads  excepted).     Rev.  Pol.  Code  1903,  sec.  431. 

Commission  has  jurisdiction  over  express  companies.  Laws 
igii,  ch.  2oy. 

The  term  telephone  company  as  used  in  this  act  shall  mean  and 
embrace  all  corporations  (except  municipal),  associations  and  in- 
dividuals, their  trustees,  lessees  and  receivers,  that  now  or  hereafter 
may  own,  operate,  manage  or  control  any  telephone  line,  system 
or  exchange,  or  any  part  of  any  telephone  line,  system  or  exchange  in 
this  state;  and  all  such  telephone  companies  are  hereby  declared  to  be 
common  carriers,  and  all  laws,  so  far  as  applicable,  now  in  force  or 
hereafter  enacted  regulating  common  carriers,  shall  apply  with  equal 
force  and  effect  to  all  such  telephone  companies.  Sess.  Laws  igog, 
ch.  28 g,  sec.  i. 

The  provisions  of  this  article  shall  apply  to  the  transportation 
of  passengers,  property  and  messages  by  telephone,  and  to  receiving, 
delivering,  storage  and  handling  of  property  wholly  within  this  state, 
and  shall  apply  to  all  railroads,  corporations  and  railway  companies, 
express  companies,  car  companies,  sleeping  car  companies,  freight 
or  freight  line  companies,  telephone  companies  and  to  any  common 
carrier  or  carriers  engaged  in  this  state  in  the  transportation  of  pas- 
sengers, property  or  messages  by  telephone,  and  shall  also  be  held 
to  apply  to  shipments  of  property  made  from  any  point  within  the 
state  to  any  point  within  the  state,  over  lines  of  telephone,  railway 
or  express,  wholly  within  the  state,  and  the  provisions  of  this  article 
shall  apply  to  all  persons,  firms  and  companies  and  to  all  associations 
of  persons,  whether  incorporated  or  otherwise,  that  shall  do  business 
as  common  carrier  upon  or  over  any  railway,  express  or  telephone  line 
in  this  state  (street  railroads  excepted),  the  same  as  to  common 
carriers  herein  mentioned.     Sess.  Laws  igii,  ch.  2oy,  sec.  i. 

DEFINITIONS. 

LAWS   191 1,  CH.  207. 

Common  carrier  shall  include  all  bridges  and  ferries  used  or  occupied  in  con- 
nection with  any  railroad  and  also  the  road,  and  all  lines  and  facilities  of  any  and 
every  kind,  character  or  description  in  use  by  any  corporation,  receiver,  trustee 
or  other  person  operating  a  railroad,  express  company,  or  telephone  company, 
whether  owned  or  operated  under  contract,  agreement,  lease  or  otherwise.    Sec.  i. 

Common  carrier  shall  be  deemed  and  taken  to  mean  all  corporations,  com- 
panies or  individuals  now  owning  or  operating,  or  which  may  hereafter  own  or 
operate  any  railroad,  express  company  or  telephone  company,  in  whole  or  in 
part,  in  this  state.     Same. 

Transportation  shall  include  all  instrumentalities  of  shipment  or  carriage. 
Same.  - 


Transportation  shall  be  held  to  include  the  transmission  of  messages  by  tele- 
phone.    Sec.  52. 

Traffic  shall  be  held  to  include  the  transportation  of  passengers,  freight  cars, 
express  freight,  and  all  transmission  of  messages  by  telephone.     Sec.  53. 

TENNESSEE 

The  provisions  of  this  act  shall  be  construed  to  apply  to  and 
affect  only  the  transportation  of  passengers,  freight  and  cars  between 
points  within  this  state  and  this  act  shall  not  apply  to  street  railways 
nor  to  suburban  or  belt  lines  of  railways  in  or  near  cities  or  towns. 
Laws  1897,  ch.  10,  sec.  3. 

TEXAS 

Provisions  of  this  chapter  shall  be  construed  to  apply  to  and 
affect  only  the  transportation  of  passengers,  freight  and  cars  between 
points  within  this  state;  and  this  chapter  shall  not  apply  to  street 
railways  nor  suburban  nor  belt  lines  of  railways  in  or  near  cities  and 
towns.     Sayles^  Civil  Stats.  i8gy,  art.  4580. 

Commission  shall  have  the  same  power  to  make  and  prescribe 
rules  and  regulations  for  the  government  and  control  of  express 
companies  as  is  or  may  be  conferred  upon  said  commission  for  the 
regulation  of  railroads.     Same,  art.  4^82. 

UTAH 

No  commission  up  to  191 3. 

VERMONT 

Commission  shall  have  general  supervision  of  all  railroads  within 
the  state  whether  operated  by  steam,  electricity  or  any  other  power 
and  of  the  corporations,  receivers,  trustees,  directors,  lessees  and 
other  persons  owning  or  operating  the  same  so  far  as  may  be  neces- 
sary to  enable  it  to  perform  the  duties  and  exercise  the  powers  con- 
ferred upon  it.     Puh.  Stats.  1906,  sec.  4602. 

Commission  is  authorized  and  empowered  to  exercise  the  same 
authority  of  control  and  regulation  over  and  in  regard  to  joint  stock 
companies  or  corporations  doing  an  express,  parlor  car  or  sleeping 
car  business  and  other  business  within  this  state  as  is  granted  it  by 
this  chapter  in  respect  to  railroad  companies.     Same,  sec.  4537. 

Commission  shall  have  general  supervision  of  all  companies 
engaged  in  the  manufacture,  distribution  and  sale  of  gas  or  electricity 
for  lighting  or  heating,  of  all  express  companies  and  of  all  companies 
owning  or  operating  telegraph  or  telephone  lines,  stations  or  exchanges 

54 


within  this  state  and  of  all  plants,  lines,  exchanges  and  equipment 
of  such  companies  used  in  or  about  the  business  carried  on  by  them 
in  this  state  as  covered  and  included  in  this  section,  and  all  companies, 
receivers,  trustees,  directors  or  lessees  owning  or  operating  the  same, 
so  far  as  may  be  necessary  to  enable  it  to  perform  the  duties  and 
exercise  the  powers  conferred  upon  it  by  this  act;  and  shall  have 
supervision  of  companies  engaged  in  the  manufacture,  sale  and  dis- 
tribution of  power  so  far  as  relates  to  their  use  or  occupancy  of  the 
public  highways  and  so  far  as  relates  to  furnishing  power  for  public 
use.     Laws  igoS,  no.  ii6,  sec.  j. 

DEFINITIONS. 

PUB.   STATS,   1906,   SEC.  4531. 

Transportation  shall  include  cars  and  other  vehicles  and  all  instrumentalities 
and  facilities  of  shipment  or  carriage,  irrespective  of  ownership  or  of  any  contract, 
express  or  implied,  for  the  use  thereof,  and  all  services  in  connection  with  the 
receipt,  delivery,  elevation,  and  transfer  in  transit,  ventilation,  refrigeration  or 
icing,  storage  and  handling  of  property  transported. 

LAWS  1908,  NO.  116,  SEC.  2. 

Company  or  companies  shall  mean  and  include  individuals,  partnerships, 
associations,  corporations  and  municipalities,  owning  or  conducting  any  public 
service  business  or  property  used  in  connection  therewith  and  covered  by  the 
provisions  of  this  act. 

VIRGINIA 

Commission  has  jurisdiction  over  transportation  and  transmis- 
sion companies,  turnpike  and  other  internal  improvement  companies 
and  gas,  pipe  line,  electric  light,  heat,  power  and  water  supply  com- 
panies.    Pollard's  Code  1904,  sec.  I2g4a{i). 

DEFINITIONS. 

CONSTITUTION,  SEC.  1 53. 

Bond  shall  mean  all  certificates,  or  written  evidences,  of  indebtedness  issued 
by  any  corporation  and  secured  by  mortgage  or  trust  deed. 

Corporation  or  company  shall  include  all  trusts,  associations  and  joint  stock 
companies  having  any  powers  or  privileges  not  possessed  by  individuals  or  un- 
limited partnerships,  and  exclude  all  municipal  corporations  and  public  institu- 
tions owned  or  controlled  by  the  state. 

Freight  shall  be  construed  to  mean  any  property  transported,  or  received  for 
transportation,  by  any  transportation  company. 

Public  service  corporation  shall  include  all  transportation  and  transmission 
companies,  all  gas,  electric  light,  heat  and  power  companies,  and  all  persons  au- 
thorized to  exercise  the  right  of  eminent  domain,  or  to  use  or  occupy  any  street, 
alley  or  public  highway,  whether  along,  over,  or  under  the  same,  in  a  manner  not 
permitted  to  the  general  public. 

Rate  shall  be  construed  to  mean  "rate  of  charge  for  any  service  rendered  or 

55 


to  be  rendered";  the  terms  rate,  charge,  and  regulation,  shall  include  joint  rates, 
joint  charges,  and  joint  regulations,  respectively. 

Transmission  company  shall  include  any  company  owning,  leasing  or  op- 
erating for  hire,  any  telegraph  or  telephone  line. 

Transportation  company  shall  include  any  company,  trustee,  or  other  person 
owning,  leasing  or  operating  for  hire  a  railroad,  street  railway,  canal,  steamboat, 
or  steamship  line,  and  also  any  freight,  car  company,  car  association,  or  car  trust, 
express  company,  or  company,  trustee  or  person  in  any  way  engaged  in  business 
as  a  common  carrier  over  a  route  acquired  in  whole  or  in  part  under  the  right  of 
eminent  domain. 

pollard's  code  1904,  SEC.  1294a. 

Public  service  corporation  or  public  service  corporations  shall  include  trans- 
portation and  transmission  companies,  turnpike,  and  other  internal  improvement 
companies,  and  gas,  pipe  line,  electric  light,  heat,  power,  and  water  supply  com- 
panies, and  all  persons,  firms,  partnerships,  associations,  or  corporations  authorized 
to  exercise  the  right  of  eminent  domain,  or  to  use  or  occupy  any  street,  alley,  or 
public  highway,  whether  along,  over,  or  under  the  same,  in  a  manner  not  per- 
mitted to  the  general  public,  and  shall  exclude  all  municipal  corporations  and 
public  institutions  owned  or  controlled  by  the  state. 

Railroad,  or  railroads,  shall  include  all  railroad  or  railway  lines,  whether 
operated  by  steam,  electricity,  or  other  motive  power,  except  when  otherwise 
specifically  designated;  and  the  words  railroad  company,  or  railroad  companies, 
shall  include  any  company,  trustee,  or  other  persons  owning,  leasing  or  operating 
a  railroad  or  railroads,  railway  or  railways,  whether  operated  by  steam,  elec- 
tricity, or  other  motive  power,  except  when  otherwise  specifically  designated. 

Transportation  company  or  transportation  companies  shall  include  any 
company,  trustee,  or  other  person  owning,  leasing,  or  operating,  for  hire,  a  rail- 
road street  railway,  canal,  steamboat,  or  steamship  line;  and  also  any  freight  car 
company,  car  association,  car  service  association,  or  car  trust,  express  company, 
or  company,  trustee,  or  person  in  any  way  engaged  in  business  as  a  common 
carrier,  over  a  route  acquired  in  whole  or  in  part  under  the  right  of  eminent 
domain. 

Transmission  company  or  transmission  companies  shall  include  any  com- 
pany owning,  leasing,  or  operating  for  hire  any  telegraph  or  telephone  line. 


pollard's  code   1904,   SEC.    I3I3A(i). 

Corporation  or  company  shall  include  all  corporations  chartered  by  the  acts 
of  the  general  assembly  of  Virginia,  or  under  the  general  incorporation  laws  of  this 
state,  or  doing  business  therein,  and  all  trusts,  associations,  and  joint-stock  com- 
panies having  any  powers  or  privileges  not  possessed  by  individuals  or  unlimited 
partnerships,  and  shall  exclude  all  municipal  corporations  and  public  institutions 
owned  or  controlled  by  the  state. 

Person  as  used  in  this  act  shall  include  individuals,  partnerships,  and  cor- 
porations in  the  singular  as  well  as  in  the  plural  number. 

Public  service  corporation  shall  include  all  transportation  and  transmission 
companies,  all  gas,  electric  light,  heat  and  power  companies  and  all  persons 
authorized  to  exercise  the  right  of  eminent  domain,  or  to  use  or  occupy  any 
street,  alley,  or  public,  highway,  whether  along,  over,  or  under  the  same,  in  a 
manner  not  permitted  to  the  general  public. 


S6 


Transmission  company  shall  include  any  company  owning,  leasing  or  oper- 
ating for  hire,  any  telegraph  or  telephone  line. 

Transportation  company  shall  include  any  company,  trustee,  or  other  person 
owning,  leasing,  or  operating  for  hire  a  railroad,  street  railway,  canal,  steamboat, 
or  steamship  line,  also  any  freight-car  company,  car  association  or  car  trust, 
express  company,  or  company,  trustee,  or  person  in  any  way  engaged  in  business 
as  a  common  carrier  over  a  route  acquired,  in  whole  or  in  part,  under  the  right 
of  eminent  domain. 


WASHINGTON 

Commission  has  jurisdiction  over  public  service  companies, 
including  common  carriers,  gas,  electric,  water,  telephone  and  tele- 
graph companies  and  wharfingers  and  warehousemen.  Laws  igii, 
ch.  iiy,  sec.  8. 

DEFINITIONS. 

LAWS    191 1,   CH.    117,    SEC.    8. 

Common  carrier  includes  all  railroads,  railroad  companies,  street  railroads, 
street  railroad  companies,  steamboat  companies,  express  companies,  sleeping 
car  companies,  freight  companies,  freight  line  companies,  and  every  corporation, 
company,  association,  joint  stock  association,  partnership  and  person,  their 
lessees,  trustees  or  receivers  appointed  by  any  court  whatsoever,  and  every  city 
or  town,  owning,  operating,  managing  or  controlling  any  such  agency  for  public 
use  in  the  conveyance  of  persons  or  property  for  hire  within  this  state. 

Corporation  includes  a  corporation,  company,  association  or  joint  stock 
association. 

Dock  or  wharf  includes  any  and  all  structures  at  which  any  steamboat, 
vessel  or  other  water  craft  lands  for  the  purpose  of  receiving  or  discharging  freight 
from  or  for  the  public,  together  with  any  building  or  warehouse  used  for  storing 
such  freight  for  the  public  for  hire. 

Electrical  company  includes  any  corporation,  company,  association,  joint 
stock,  association,  partnership  and  person,  their  lessees,  trustees  or  receivers  ap- 
pointed by  any  court  whatsoever  (other  than  a  railroad  or  street  railroad  com- 
pany generating  electricity  solely  for  railroad  or  street  railroad  purposes  or  for 
the  use  of  its  tenants  and  not  for  sale  to  others),  and  every  city  or  town  owning, 
operating  or  managing  any  electric  plant  for  hire  within  this  state. 

Electric  plant  includes  all  real  estate,  fixtures  and  personal  property  oper- 
ated, owned,  used  or  to  be  used  for  or  in  connection  with  or  to  facilitate  the 
generation,  transmission,  distribution,  sale  or  furnishing  of  electricity  for  light, 
heat,  or  power  for  hire;  and  any  conduits,  ducts  or  other  devices,  materials,  ap- 
paratus or  property  for  containing,  holding  or  carrying  conductors  used  or  to  be 
used  for  the  transmission  of  electricity  for  light,  heat  or  power. 

Express  company  includes  every  corporation,  company,  association,  joint 
stock  association,  partnership  and  person,  their  lessees,  trustees  or  receivers  ap- 
pointed by  any  court  whatsoever,  who  shall  engage  in  or  transact  the  business  of 
carrying  any  freight,  merchandise  or  property  for  hire  on  the  line  of  any  common 
carrier  operated  in  this  state. 

Gas  company  includes  every  corporation,  company,  association,  joint  stock 

57 


association,  partnership  and  person,  their  lessees,  trustees  or  receivers  appointed 
by  any  court  whatsoever,  and  every  city  or  town,  owning,  controlling,  operating 

I  or  managing  any  gas  plant  within  this  state. 

'  Gas  plant  includes  all  real  estate,  fixtures  and  personal  property,  owned, 

leased,  controlled,  used  or  to  be  used  for  or  in  connection  with  or  to  facilitate 
the  manufacture,  distribution,  sale  or  furnishing  of  gas  (natural  or  manufactured) 
for  light,  heat  or  power. 

Person  includes  an  individual,  a  firm  or  copartnership. 

Public  service  company  includes  every  common  carrier,  gas  company,  elec- 
trical company,  water  company,  telephone  company,  telegraph  company,  wharf- 
inger and  warehouseman  as  such  terms  are  defined  in  this  section. 

Railroad  includes  every  railroad,  other  than  a  street  railroad,  by  whatsoever 
power  operated  for  public  use  in  the  conveyance  of  persons  or  property  for  hire, 
with  all  bridges,  ferries,  tunnels,  equipment,  switches,  spurs,  tracks,  stations  and 
terminal  facilities  of  every  kind  used,  operated,  controlled  or  owned  by  or  in 
connection  with  any  such  railroad. 

Railroad  company  includes  every  corporation,  company,  association,  joint 
stock  association,  partnership  or  person,  their  lessees,  trustees  or  receivers  ap- 
pointed by  any  court  whatsoever,  owning,  operating,  controlling  or  managing 
any  railroad  or  any  cars  or  other  equipment  used  thereon  or  in  connection  there- 
with within  this  state. 

Service  is  used  in  this  act  in  its  broadest  and  most  inclusive  sense. 

Steamboat  company  includes  every  corporation,  company,  association,  joint 
stock  association,  partnership  and  person,  their  lessees,  trustees  or  receivers  ap- 
pointed by  any  court  whatsoever,  owning,  controlling,  leasing,  operating  or  man- 
aging any  vessel  over  and  upon  the  waters  of  this  state. 

Street  railroad  includes  every  railroad  by  whatsoever  power  operated,  or 
any  extension  or  extensions,  branch  or  branches  thereof,  for  public  use  in  the 
conveyance  of  persons  or  property  for  hire,  being  mainly  upon,  along,  above  or 
below  any  street,  avenue,  road,  highway,  bridge  or  public  place  within  any  one 
city  or  town,  and  includes  all  equipment,  switches,  spurs,  tracks,  bridges,  right  of 
trackage,  subways,  tunnels,  stations,  terminals  and  terminal  facilities  of  every 
kind  used,  operated,  controlled  or  owned  by  or  in  connection  with  any  such 
street  railroad,  within  this  state. 

Street  railroad  company  includes  every  corporation,  company,  association, 
joint  stock  association,  partnership  and  person,  their  lessees,  trustees  or  receivers 
appointed  by  any  court  whatsoever,  and  every  city  or  town,  owning,  controlling, 
operating  or  managing  any  street  railroad  or  any  cars  or  other  equipment  used 
thereon  or  in  connection  therewith  within  this  state. 

Telegraph  company  includes  every  corporation,  company,  association,  joint 
stock  association,  partnership  and  person,  their  lessees,  trustees  or  receivers  ap- 
pointed by  any  court  whatsoever,  owning,  operating  or  managing  any  telegraph 
line  or  part  of  telegraph  line  used  in  the  conduct  of  the  business  of  affording  for 
hire  communication  by  telegraph  within  this  state. 

Telegraph  line  includes  conduits,  poles,  wire,  cables,  cross-arms,  instruments, 
machines,  appliances,  instrumentalities  and  all  devices,  real  estate,  easements, 
apparatus,  property  and  routes  used,  operated  or  owned  by  any  telegraph  com- 
pany to  facilitate  the  business  of  affording  communication  by  telegraph. 

Telephone  company  includes  every  corporation,  company,  association,  joint 
stock  association,  partnership  and  person,  their  lessees,  trustees  or  receivers  ap- 

58 


pointed  by  any  court  whatsoever,  and  every  city  or  town  owning,  operating  or 
managing  any  telephone  hne  used  in  the  conduct  of  the  business  of  affording  tele- 
phonic communication  for  hire  within  this  state. 

Telephone  line  includes  conduits,  ducts,  poles,  wires,  cables,  cross-arms,  re- 
ceivers, transmitters,  instruments,  machines,  appliances,  instrumentalities  and 
all  devices,  real  estate,  easements,  apparatus,  property  and  routes  used,  operated, 
owned  or  controlled  by  any  telephone  company  to  facilitate  the  business  of 
affording  telephonic  communication. 

Transportation  of  persons  includes  any  service  in  connection  with  the  re- 
ceiving, carriage  and  delivery  of  the  person  transported  and  his  baggage  and  all 
facilities  used  or  necessary  to  be  used  in  connection  with  the  safety,  comfort  and 
convenience  of  the  person  transported. 

Transportation  of  property  includes  any  service  in  connection  with  the  re- 
ceiving, delivery,  elevation,  transfer  in  transit,  ventilation,  refrigeration,  icing, 
storage  and  handling  of  the  property  transported,  and  the  transmission  of  c'redit. 

Vessel  includes  every  species  of  water  craft,  by  whatsoever  power  operated, 
for  the  public  use  in  the  conveyance  of  persons  or  property  for  hire  and  upon 
the  waters  within  this  state  (excepting  row  boats  and  sailing  boats  under  20 
gross  tons  burden,  open  steam  launches  of  five  tons  gross  and  under,  and  vessels 
under  five  gross  tons  propelled  by  gas,  fluid,  naphtha  or  electric  motors). 

Warehouse  includes  any  building  or  structure  in  which  freight  is  received  for 
storage  from  the  public  for  hire,  intended  for  shipment  or  discharged  by  any 
water  craft. 

Water  company  includes  every  corporation,  company,  association,  joint 
stock  association,  partnership  and  person,  their  lessees,  trustees  or  receivers  ap- 
pointed by  any  court  whatsoever,  and  every  city  or  town  owning,  controlling, 
operating  or  managing  any  water  system  for  hire  within  this  state. 

Water  system  includes  all  real  estate,  easements,  fixtures,  personal  property, 
dams,  dikes,  head  gates,  weirs,  canals,  reservoirs,  flumes  or  other  structure  or 
appliances  operated,  owned,  used  or  to  be  used  for  or  in  connection  with  or  to 
facilitate  the  supply,  storage,  distribution,  sale,  furnishing,  diversion,  carriage, 
apportionment  or  measurement  of  water  for  power,  irrigation,  reclamation, 
maniifacturing,  municipal,  domestic  or  other  beneficial  uses  for  hire. 

Wharfinger  or  warehouseman  includes  every  corporation,  company,  associa- 
tion, joint  stock  association,  partnership  and  person,  their  lessees,  trustees  or  re- 
ceivers appointed  by  any  court  whatsoever,  operating  or  managing  any  dock, 
wharf  or  structure  where  steamboats,  vessels  or  other  water  craft  land  for  the 
purpose  of  discharging  freight  for  the  public,  and  where  such  freight  is  received 
on  such  dock,  wharf  or  structure  for  the  public  for  hire  within  this  state. 


WEST  VIRGINIA 

No  commission  up  to  igij. 

WISCONSIN 

Commission  has  jurisdiction  over  railroads  and  public  utilities 
as  defined. 

The  provisions  of  this  act  shall  apply  to  the  receiving,  transmit- 
ting and  delivering  of  message^  by  telegraph,  and  to  all  charges  con- 

59 


nected  therewith,  and  to  the  transportation  of  passengers  and  prop- 
erty between  points  within  this  state,  and  to  the  receiving,  switching, 
delivering,  storing  and  handling  of  such  property,  and  to  all  charges 
connected  therewith,  and  shall  apply  to  all  railroad  corporations, 
express  companies,  telegraph  companies,  car  companies,  sleeping  car 
companies,  freight  and  freight  line  companies,  and  to  all  associations 
of  persons,  whether  incorporated  or  otherwise,  that  shall  do  business 
as  common  carriers  upon  or  over  any  line  of  railroad  within  this 
state,  and  to  any  common  carrier  engaged  in  the  transportation  of 
passengers  or  property  wholly  by  rail  or  partly  by  rail  and  partly  by 
water.     Laws  1Q05,  ch.  J62,  sec.  2,  as  amended  by  Laws  igoy,  ch.  582. 

DEFINITIONS. 

LAWS  1905,  CH.  362,  SEC.  2,  AS  AMENDED  BY  LAWS  I907,  CH.  582  (RAILROAD  COM- 
MISSION law). 

Railroad  shall  mean  and  embrace  all  corporations,  companies,  individuals, 
associations  of  individuals,  their  lessees,  trustees  or  receivers  (appointed  by  any 
court  whatsoever)  that  now,  or  may  hereafter,  own,  operate,  manage  or  control 
any  railroad  or  part  of  a  railroad  as  a  common  carrier  in  this  state,  or  cars,  or 
other  equipment  used  thereon,  or  bridges,  terminals,  or  side  tracks,  used  in  con- 
nection therewith,  whether  owned  by  such  railroad  or  otherwise,  and  also  all 
street  and  interurban  railway  companies. 

Railroad  shall  also  mean  and  embrace  express  companies,  and  telegraph 
companies,  and  all  duties  required  of  and  penalties  imposed  upon  any  railroad  or 
any  officer  or  agent  thereof  shall,  in  so  far  as  the  same  are  applicable,  be  required 
of  and  imposed  upon  express  companies  and  telegraph  companies  and  their 
officers  and  agents,  and  the  commission  shall  have  the  power  of  supervision  and 
control  of  express  companies  and  telegraph  companies  to  the  same  extent  as  rail- 
roads. 

LAWS  1907,  CH.  499,  SEC.   1797  M-I,  AS  AMENDED  BY  LAWS   I9II,  CH.  48   (PUBLIC 

UTILITY  law). 

Indeterminate  permit  shall  mean  and  embrace  every  grant,  directly  or  in- 
directly from  the  state,  to  any  corporation,  company,  individual,  association  of 
individuals,  their  lessees,  trustees  or  receivers  appointed  by  any  court  whatso- 
ever, of  power,  right  or  privilege  to  own,  operate,  manage  or  control  any  plant 
or  equipment  within  this  state  for  the  production,  transmission,  delivery  or 
furnishing  of  heat,  light,  water  or  power,  either  directly  or  indirectly,  to  or  for  the 
public,  which  shall  continue  in  force  until  such  time  as  the  municipality  shall 
exercise  its  option  to  purchase  as  provided  in  this  act  or  until  it  shall  be  otherwise 
terminated  according  to  law. 

Municipal  council  shall  mean  and  embrace  the  common  council,  the  board 
of  aldermen,  the  board  of  trustees,  the  town  or  village  board,  or  any  other  govern- 
ing body  of  any  town,  village  or  city  wherein  the  property  of  the  public  utility 
or  any  part  thereof  is  located. 

Municipality  shall  mean  any  town,  village  or  city  wherein  property  of  a 
public  utility  or  any  part  thereof  is  located. 

Public  utility  shall  mean  and  embrace  every  corporation,  company,  in- 
dividual, association  of  individuals,  their  lessees,  trustees,  or  receivers  appointed 

60 


by  any  court  whatsoever,  and  every  town,  village,  or  city  that  now  or  hereafter 
may  own,  operate,  manage,  or  control  any  plant  or  equipment  or  any  part  of  a 
plant  or  equipment  within  the  state,  for  the  conveyance  of  telephone  messages  or 
for  the  production,  transmission,  delivery,  or  furnishing  of  heat,  light,  water,  or 
power  either  directly  or  indirectly  to  or  for  the  public,  or  that  now  or  hereafter 
may  own,  operate,  manage,  or  control  any  toll  bridge  wholly  within  the  state. 
Service  is  used  in  this  act  in  its  broadest  and  most  inclusive  sense. 

LAWS  191 1,  CH.  593,  SEC.  1 753-1  (stock  and  bond  law). 

Capital  account  shall  mean  the  capital  account  prescribed  by  the  com- 
mission and  required  to  be  kept  by  every  public  service  corporation  as  provided 
by  law. 

Net  income  or  revenue  shall  mean  the  money  available  for  dividends  and 
surplus  according  to  the  accounts  prescribed  by  the  commission  and  required 
to  be  kept  by  every  public  service  corporation. 

Public  service  corporation  shall  mean  and  embrace  every  railroad,  street 
railway,  telegraph,  telephone,  express,  freight  line,  sleeping  car,  light,  heat, 
water,  and  power  corporation,  and  all  other  corporations,  excepting  towns, 
villages,  and  cities  engaged  in  the  business  of  supplying  the  public,  directly  or 
indirectly,  with  light,  heat,  power,  or  water,  or  in  transmitting  telegraph  or 
telephone  messages,  or  in  transporting  passengers,  freight,  or  express. 

WYOMING 

No  commission  up  to  igij. 


61 


CHAPTER    I. 

Organization  of  Commissions 


SCOPE  NOTE 

This  chapter  includes  the  important  requirements  of 
commission  organization.  Minor  details  are  usually 
determined  by  the  commissions  themselves  and  are  to  be 
found  in  rules,  regulations  and  orders  promulgated  by 
them.  Provisions  dealing  with  the  organization  of  boards 
and  offices  affiliated  with  commissions,  even  when  under 
their  direct  supervision,  have  been  excluded.  For  pro- 
visions incidentally  involving  questions  of  personnel  and 
organization,  see  ch.  ix,  on  accounts,  ch.  vii,  on  service, 
ch.  xiv,  on  commission  procedure  and  practice,  and 
ch.  XV,  on  enforcement.  For  general  statement  of  scope 
and  method,  see  introduction. 


63 


ANALYSIS 

PAGE 

A.  Name  and  constitution  of  commission 65 

B.  [Quorum  of  commission 73 

1.  Majority  constitutes  quorum 73 

2.  Powers  of  less  than  entire  membership 74 

3.  Powers  of  single  commissioner 74 

C.  Oath  of  office  of  members 74 

D.  Removal  or  suspension  of  members 75 

1.  Person  authorized  to  remove  members 75 

2.  Cause  of  removal 75 

3.  Procedure 76 

4.  Person  authorized  to  suspend  members;  cause  of  suspension. .  .  76 

5.  Vacation  of  office 77 

6.  Forfeiture  and  impeachment 77 

E.  Manner  of  filling  vacancies 77 

F.  Right  to  sue  and  be  sued 78 

G.  Official  seal 78 

H.     Disqualification  for  membership 79 

1.  Interest  in  any  utility 79 

2.  Interest  in  any  utility  under  jurisdiction  of  commission 80 

3.  Interest  in  certain  utilities  under  jurisdiction  of  commission. ...  80 
I.  Official  and  private  relations  of  members  and  employees  with  utilities. .  80 
J.      Authority  to  engage  in  another  business  or  to  hold  another  political  office  86 

K.     Office  hours  and  attendance  of  members 86 

L.      Equipment,  facilities  and  expenses  required  to  be  furnished  commission.  88 

M.     Provision  of  funds  for  commission 89 

N.     Secretary  or  clerk  of  commission 95 

1.  Manner  of  appointment,  term,  qualifications,  bond,  oath,  salary.  95 

2.  General  duties  and  powers 97 

3.  Special  duties  and  powers 97 

O.      Attorney  of  commission 98 

1.  Manner  of  appointment,  term,  qualifications,  oath,  manner  of 

removal  and  of  filling  vacancy,  salary 98 

2.  Attorney  general  as  attorney  of  commission 99 

3.  State's  attorney  as  attorney  of  commission 100 

4.  General  duties  and  powers  of  attorney 100 

5.  Special  duties  and  powers  of  attorney loi 

6.  General  duties  and  powers  of  attorney  general 102 

7.  Other  duties  and  powers  of  attorney  general 102 

8.  Duties  and  powers  of  state's  attorney 103 

P.      Employes  and  appointees  of  commission 103 


64 


A.     NAME   AND    CONSTITUTION    OF  COM- 
MISSION. 

Name  of  Commission,   Location  of  Principal  Office,  Number,  Manner  of  Selection,  Terms  of 
Office,  Qualification,  Salary  and  Bond  of  Commissioners. 

UNITED  STATES  Interstate  Commerce  Commission,  Washing- 
ton, D.  C.     Seven.     Appointed  by  president  by  and  with  con- 

1  sent  of  senate  for  seven  years;  one  each  year.  Not  more  than 
four  commissioners  from  same  poHtical  party.  $10,000.  Act  to 
Regulate  Commerce,  sees.  11,  ig,  24. 

ALABAMA  Railroad  Commission  of  Alabama,  Montgom- 

ery. President  and  two  associates.  Elected  on  the  first  Tues- 
day after  first  Monday  in  November  for  four  years,  president 

2  every  four  years,  two  associates  at  once  two  years  later.  No 
two  commissioners  from  same  congressional  district;  qualified 
electors  of  Alabama.  President,  $3,500;  associates,  $3,000  each. 
Code  1907,  sees.  5632,  5633,  5636,  5637,  5640,  5642. 

ARIZONA  Corporation    Commission;    Phoenix.     Three. 

Elected  for  six  years;  one  every  two  years  co-terminously  with 

3  governor.  Chairman  elected  by  commissioners.  Qualified  elec- 
tors of  Arizona.  $3,000.  Const.,  art.  xv,  sees.  /,  18.  Sess.  laws 
1Q12,  ch.  go,  sees.  3(a),  7,  8{a),  10. 

ARKANSAS  Railroad    Commission    of    Arkansas,    Little 

Rock.  Chairman  and  two  commissioners.  Elected  at  general 
election  for  two  years  and  until  their  successors  are  elected  and 
qualified,  one  from  first  and  sixth,  one  from  second  and  third, 

4  one  from  fourth  and  fifth  congressional  districts.  Chairman 
elected  by  members  of  commission  at  time  of  organization. 
Twenty-five  years  of  age,  resident  citizens  of  Arkansas,  and 
qualified  voters.  $2,500.  Kirby^s  Digest  1904,  sees.  6788,  6789, 
^793- 

CALIFORNIA  Railroad  Commission  of  the  State  of  Cali- 

fornia, San  Francisco.  President  and  four  commissioners. 
Appointed  by  governor  from  state  at  large  for  six  years,  one  com- 

6  missioner  first  and  then  two  commissioners  each  at  the  two 
successive  biennial  periods.  President  elected  by  commission- 
ers. Qualified  electors  of  California.  $6,000.  Stats,  igii,  ist. 
ex.  sess.,  ch.  14,  sees.  3(a),  7,  8(a),  8{h),  To{a). 

COLORADO  State    Railroad    Commission     of     Colorado, 

Denver.     President,    secretary,    and    one    commissioner.     Ap- 

$       pointed  by  governor  by  and  with  consent  of  senate  for  six  years; 

6s 


one  every  two  years.  President  and  secretary  elected  by  com- 
missioners for  two  years.  $4,000.  Laws  igio,  sp.  sess.,  ch.  5, 
sees.  II,  18. 

CONNECTICUT  Public  Utilities  Commission,  Hartford.  Three. 

Appointed  by  general  assembly  upon  nomination  by  governor 

7  for  six  years  and  until  his  successor  is  duly  appointed  and  qual- 
ified; one  every  two  years.  Electors  of  Connecticut.  $5,000. 
Fub.  Acts  igiiy  ch.  128,  sees.  2,  4,  6. 

FLORIDA  Railroad  Commissioners  of  the  State  of  Flor- 

ida, Tallahassee.    Three.    Elected  for  four  years,  two  at  general 

8  election  held  at  time  and  places  of  voting  for  members  of  legis- 
lature, one  two  years  later.  $2,500.  Gen.  Stats.  igo6,  sees.  2882, 
288 J,  2887  {as  amended  igof). 

GEORGIA    •  Railroad    Commission    of    Georgia,    Atlanta. 

Chairman  and  four  commissioners.  Elected  for  six  years;  one 
commissioner  first  and  two  each  at  the  two  successive  biennial 

9  periods.  Chairman  elected  by  members  for  two  years.  Thirty 
years  of  age  and  qualified  elector  of  Georgia;  one  experienced  in 
law  and  one  experienced  in  railroad  business.  Chairman,  $4,000; 
commissioners,  $2,500  each.  Code  191 1,  sees.  2616,  2620,  2621, 
2622,  2625.    Acts  i8y8-yg,  no.  269,  sec.  i. 

ILLINOIS  Railroad  and  Warehouse  Commission,  Spring- 

field.    Chairman  and  two  commissioners.     Appointed  by  gov- 

10  emor  by  and  with  advice  and  consent  of  senate  for  two  years 
and  until  their  successors  are  appointed  and  qualified.  Chair- 
man, $6,000;  commissioners,  $4,000  each.  Bond  of  $20,000. 
Revisal  igop,  ch.  114,  sees.  16 j,  169,  lyo. 

INDIANA  Railroad  Commission  of  Indiana,  Indianapolis. 

Chairman  and  two  commissioners.  Appointed  by  governor  for 
four  years,  one  each  year  for  each  of  three  years,  one  year  inter- 

11  vening  between  each  succession  of  three  appointments.  Chair- 
man selected  by  commissioners.  Resident  citizens  of  Indiana; 
qualified  voters;  no  more  than  two  commissioners  from  same 
political  party.  $4,000.  Bond  of  $10,000.  Acts  igoy,  ch.  241, 
sees.  J,  J  (a),  i{d),  i{e),  2(a). 

IOWA  Board  of  Railroad  Commissioners,  Des  Moines. 

Chairman  and  two  commissioners.     Elected  for  three  years  in 

IS  same  manner  as  other  state  officers.  Chairman  elected  by  com- 
missioners immediately  after  the  new  member  has  qualified. 
Electors.    $2,200.    Code  i8gy,  sees.  211 1,  2 121. 

KANSAS  Public  Utilities  Commission,  Topeka.    Three. 

Appointed  by  governor  by  and  with  advice  and  consent  of  senate 
for  three  years  and  until  their  successors  shall  have  been  quali- 
fied; one  each  year.     Qualified  electors  of  Kansas;  one  a  prac- 

18     tical,  experienced  business  man  and  one  experienced  in  manage- 

66 


ment  or  operation  of  a  common  carrier  or  public  utility;  not 
more  than  two  from  same  political  party.  $4,000.  Bond  of 
$10,000.  Gen.  Stats,  igog,  sec.  7185.  Laws  igii,  ch.  2j8,  sees. 
I,  5,  8. 

KENTUCKY  Railroad  Commission,  Frankfort.     Chairman 

and  two  commissioners.  Elected  at  same  time  as  governor  for 
four  years  and  until  his  successor  is  elected  and  qualified;  one 
from  each  superior  court  district.    Thirty  years  of  age;  resident 

14  of  district  from  which  chosen  one  year  next  preceding  election; 
citizen  of  Kentucky  two  years.  Chairman,  $3,600;  commis- 
sioners, $3,000  each.  Const.,  sec.  2og.  CarroWs  Stats,  igog, 
sees.  821-823. 

LOUISIANA  Railroad    Commission    of    Louisiana,    Baton 

Rouge.     Chairman   and  two   commissioners.     Elected  for  six 

16  years,  one  from  each  of  three  railway  commission  districts;  one 
every  two  years.  Chairman  elected  by  commissioners.  $3,000. 
Const.,  arts.  28 j,  287,  28g. 

MAINE  Board  of  Railroad  Commissioners,  Augusta. 

Chairman  and  two  commissioners.  Appointed  by  governor  with 
advice  and  consent  of  council  for  three  years.  Chairman 
appointed   and    commissioned   by   governor  with   advice   and 

16  consent  of  council.  One,  chairman,  learned  in  law;  one  a  civil 
engineer,  experienced  in  construction  of  railroads;  one  ex- 
perienced in  management  and  operation  of  railroads.  Chairman, 
$2,500;  commissioners,  $2,000  each.  Rev.  Stats,  igoj,  ch.  5/, 
sec.  48  (as  amended  by  Pub.  Laws  igog,  ch.  141);  ch.  116,  sec.  i. 

MARYLAND  Public  Service  Commission,  Baltimore.  Chair- 

man and  two  commissioners.  Appointed  by  governor  for  six 
years  and  until  his  successor  shall  qualify,  each  commissioner 
being  eligible  for  reappointment  in  discretion  of  governor;  one 
every  two  years.     Chairman  designated  by  governor.     Twenty- 

17  five  years  of  age ;  resident  of  Maryland  for  a  period  of  at  least 
five  years  next  preceding  his  appointment  and  qualification;  a 
qualified  voter  in  Maryland.  Chairman,  $3,000,  pa3^able  by 
state,  and  in  addition  $3,000  payable  by  Baltimore;  each  com- 
missioner, $3,000,  payable  by  state,  and  in  addition  $2,000 
payable  by  Baltimore.    Laws  igio,  ch.  180,  sees.  2,  4. 

MASSACHUSETTS  Board  of  Gas  and  Electric  Light  Commis- 
sioners, Boston.  Chairman  and  two  commissioners.  Appointed 
by  governor  with  advice  and  consent  of  council  for  three  years; 

18  one  each  year.  Chairman  designated  by  governor.  Citizens 
of  Massachusetts.  Chairman,  $5,000;  each  commissioner, 
$4,500.  Rev.  Laws  igo2,  ch.  121,  sec.  i  as  amended  by  Acts 
igoy,  ch.  J16.    Acts  igio,  ch.  ^jg,  sec.  i. 

Board  of  Railroad  Commissioners,  Boston.     Chairman  and 
two  commissioners.     Appointed  by  governor  with  advice  and 

19  consent  of  council  for  three  years;  one  each  year.     Chairman, 

67 


21 


$6,ooo;  each  commissioner,  $s,ooo.  Acts  igo6,  ch.  417,  sec.  i; 
ch.  46J,  pt.  i,  sees,  i,  2. 

Massachusetts  Highway  Commission,  Boston.  Chairman 
and  two  commissioners.  Appointed  by  governor  with  advice 
and  consent  of  council  for  three  years;  one  each  year.  Chair- 
20  man  designated  by  governor.  Chairman,  $3,500,  and  each  com- 
missioner $2,500;  in  addition  $1,500  each  for  supervision  of 
utilities  engaged  in  transmission  of  intelligence  by  electricity. 
Rev.  Laws  igo2,  ch.  47,  sec.  i.    Acts  igo6,  ch.  ^jj,  sec.  i. 

The  State  Board  of  Health,  Boston,  was  authorized  in  ipop^to  hear  and  determine 
complaints  relative  to  the  service  or  charges  of  water  companies  and  to  make  recommenda- 
tions to  such  companies  concerning  the  reduction,  modification  or  continuation  of  charges 
complained  of  or  concerning  improvements  in  the  quality  of  service  or  extensions  thereof . 
As  its  jurisdiction  over  water  utilities  is  incidental  to  its  main  purposes  the  State  Board 
of  Health  has  not  been  treated  herein  as  a  public  utility  commission.  Acts  igog,  ch.  31  g , 
sec.  I. 

MICHIGAN  Michigan     Railroad     Commission,     Lansing. 

Chairman  and  two  commissioners.  Appointed  by  governor  and 
confirmed  by  senate  for  six  years  and  until  successor  is  appointed 
and  qualified;  one  every  two  years.  Chairman  elected  by  mem- 
bers in  each  odd  numbered  year  for  two  years  and  until  his  suc- 

22  cesser  is  elected.  One  an  attorney  having  knowledge  of  and 
experienced  in  law  relating  to  common  carriers,  the  other  two 
having  knowledge  of  traffic  and  transportation  matters ;  no  more 
than  two  from  same  political  party.  $3,000.  Pub.  Acts  igog, 
no.  300,  sees,  i,  2(0),  2(e),  2(/),  2(j),  2{k). 

MINNESOTA  Railroad    and    Warehouse    Commission,    St. 

Paul.     Three.     Elected  at  general  election  for  six  years  and 

23  until  their  successors  qualify;  one  every  two  years.  $4,500. 
Bond  of  $20,000.  Rev.  Laws  igo^,  sees,  ig^j  and  igj6  (as  amend- 
ed by  Laws  igii,  ch.  140),  ig6i. 

MISSISSIPPI  Mississippi    Railroad    Commission,    Jackson. 

Three.     Elected  at  general  election  in  same  manner  as  other 

24  state  officers  for  four  years.  One  from  each  supreme  court  dis- 
trict; same  qualifications  as  are  prescribed  for  secretary  of  state. 
$2,000.1    Qq^q  igo6,  sees.  4826,  4828,  4830. 

MISSOURI  Board  of  Railroad  and  Warehouse  Commis- 

sioners, Jefferson  City.     Three.     Elected  for  six  years  and  until 

2s  his  successor  is  elected  and  qualified;  one  every  two  years. 
$3,000.  Bond  of  $20,000.  Rev.  Stats,  igog,  sees.  3250,  3261, 
3262. 

•  In  case  a  commissioner  shall  fail  to  attend  any  meeting  or  session  of  commission  ap- 
pointed for  transaction  of  business  he  shall  be  subject  to  a  pro  rata  deduction  from  his  salary, 
and  clerk  of  commission,  or  in  his  absence  the  commissioner  or  commissioners  present,  shall 
certify  to  auditor  of  public  accounts  the  number  of  days  such  commissioner  was  absent  at 
each  meeting  or  session  and  auditor  shall  deduct  twice  the  number  of  days  so  certified  from 
time  for  which  salary  of  such  commissioner  may  be  estimated  unless  such  commissioner  shall 
take  and  file  an  affidavit  in  auditor's  office  that  his  absence  was  occasioned  by  sickness  of 
himself  or  member  of  his  family  or  by  the  prevalence  of  an  epidemic  or  contagious  disease 
or  by  means  not  within  his  control.    Code  1006,  sec.  4483. 

68 


MONTANA  Board    of    Railroad    Commissioners    of    the 

State  of  Montana,  Helena.  Chairman  and  two  commissioners. 
Elected  at  general  election  for  six  years  and  until  their  suc- 

26  cessors  are  elected  and  qualified;  one  every  two  years.  Chair- 
man elected  by  members.  Qualified  electors  of  Montana. 
$4,000.  Bond  of  $25,000.  Rev.  Codes  igoy,  sees.  436^436^, 
4367^  4368. 

NEBRASKA  Nebraska   State   Railway   Commission,    Lin- 

coln. Chairman  and  two  commissioners.  Elected  at  general 
election  for  six  years;  one  every  two  years.     Chairman  elected 

87  by  members.  Thirty  years  of  age;  resident  citizens  of  Nebraska; 
qualified  voters.  $3,000.  Cobbey^s  Annot.  Stats,  ipog,  sees. 
1064Q,  10650. 

NEVADA  Railroad  Commission  of  Nevada,  Carson  City. 

Chairman  or  chief  commissioner,  first  associate  commissioner 
and  second  associate  commissioner.  Appointed  by  railroad 
board  or  a  majority  of  members  thereof,  consisting  of  governor, 
lieutenant-governor  and  attorney-general,  for  three  years  and 
until  his  successor  is  appointed  and  qualified;  one  each  year. 
Chief  commissioner,  an  attomey-at-law  and  well  versed  in  law 

28  of  railroad  regulation;  first  associate,  a  practical  railroad  man 
familiar  with  operation  of  railroads  in  general;  second  associate 
commissioner,  having  a  general  knowledge  of  railroad  fares, 
freights,  tolls  and  charges;  at  no  time  more  than  two  from  same 
political  party.  Chief  commissioner,  $5,000;  first  associate 
commissioner,  $4,000;  second  associate  commissioner,  $2,500. 
Stats,  igoj,  eh.  44,  sees,  j,  i(a),  i{g),  i{j),  i{k)  (all  amended  by 
Stats,  igii,  ch.  193). 

Public  Service  Commission  of  Nevada.     The  Railroad  Com- 
mission of  Nevada  is  ex-officio  the  Public  Service  Commission  of 

29  Nevada.  The  business  of  Public  Service  Commission  shall  be 
kept  entirely  separate  from  business  of  Railroad  Commission. 
Stats,  igiiy  ch.  162,  sec.  2. 

NEW  HAMPSHIRE  PubHc  Service  Commission,  Concord.  Chair- 
man, clerk,  and  one  commissioner.  Appointed  by  governor  by 
and  with  consent  of  council  for  six  years  and  until  his  successor 

so  is  appointed  and  qualified;  one  every  two  years.  Chairman  ap- 
pointed and  commissioned  as  such.  Chairman,  $3,500;  clerk, 
$3,200;  commissioner,  $3,000.  Laws  igii,  ch.  164,  sees.  2(a), 
2ie),  2{g). 

NEW  JERSEY  Board  of  Public  Utility  Commissioners,  Tren- 

ton.    President  and  two  commissioners.     Appointed  by  gov- 

si  emor  by  and  with  advice  and  consent  of  senate  for  six  years. 
President  elected  annually  by  members.  Thirty  years  of  age; 
citizens  of  New  Jersey.    $7,500.    Laws  igii,  ch.  ig^,  sees.  1-5. 

69 


NEW  MEXICO  State    Corporation   Commission,   Santa    Fe. 

Chairman^  and  two  commissioners.     Elected  at  general  elec- 
sa     tion  for  six  years;    one  every  two  years.     Chairman    elected 

anmially  by  con^nission.    $3,000.    Const.,  art.  xi,  sec.  i.    Laws 

igi2,  ch.  /S,  sees,  i,  2,  4,  5. 

NEW  YORK  Public    Service    Commission,    First    District, 

New  York.  Chairman  and  four  commissioners.  Appointed  by 
governor  by  and  with  advice  and  consent  of  senate  for  five 

33  years;  one  each  year.  Chairman  designated  by  governor. 
Resident  of  district  for  which  he  is  a  member.  $15,000.  Laws 
1910,  ch.  480,  sees.  4,  io{i),  13. 

Public    Service    Commission,     Second    District,     Albany. 

S4  Constituted  in  same  manner  as  Public  Service  Commission, 
First  District.    Same,  sees.  4,  10(1). 

NORTH  CAROLINA  Corporation  Commission, ^  Raleigh.  Chair- 
man and  two  commissioners.  Elected  in  same  manner  as  other 
state  officers  for  six  years  and  imtil  their  successors  are  elected 

35  and  qualified;  one  at  each  general  election.  Chairman  elected 
by  commissioners.  $3,000,  and  in  addition  $500  as  state  tax 
commissioners.    PeWs  Revisal  igo8,  sees.  10^4-1056,  1060,  22^4. 

NORTH  DAKOTA  Board  of  Railroad  Commissioners  of  the 
State  of  North  Dakota,  Bismarck.  President  and  two  com- 
missioners. Elected  at  times  and  places  of  choosing  members 
of  legislative  assembly  for  two  years,  and  until  their  successors 

36  are  elected  and  qualified.  President  elected  by  commissioners. 
Twenty-five  years  of  age;  citizens  of  United  States;  electors  of 
North  Dakota.  $2,000.  Bond  of  $10,000.  Const.,  sec.  82. 
Rev.  Codes  1905,  sees.  364,  366,  36^.    Laws  1909,  ch.  216,  sec.  4. 

OHIO  PubHc  Service  Commission  of  Ohio,  Colum- 

bus. Chairman  and  two  commissioners.  Appointed  by  gov- 
ernor with  advice  and  consent  of  senate  for  six  years  and  imtil 
his  successor  is  appointed  and  qualified;  one  every  two  years. 
Chairman  elected  by  commissioners  for  two  years  in  each  odd 

37  numbered  year  and  until  his  successor  is  elected.  One  having 
a  general  knowledge  of  railroad  law;  each  of  the  others  hav- 
ing a  general  understanding  of  matters  relating  to  railroad 
transportation;  no  more  than  two  from  same  political  party. 
$6,000.  Code  1910,  sees.  487,  488,  493,  498.  Laws  1911,  no. 
32$,  sees.  2,  87. 

OEXAHOMA  Corporation    Commission,     Oklahoma    City. 

Chairman  and  two  commissioners.  Elected  at  general  election 
for  state  officers  for  six  years;  one  every  two  years.      Chairman 

•8     elected  by  members.     Thirty  years  of  age;  resident  of  Oklahoma 

>  In  absence,  of  the  chairman  commission  may  appoint  any  other  member  to  preside. 
Laws  1012,  ch.  78  sec.  i. 

*  Commission  shall  be  a  court  of  record.     Pell's  Revisal  1908,  sec.  1054. 

70 


for  over  two  years  next  preceding  election;  qualified  voters. 
$4,000.  Const.,  art.  ix,  sees,  ij,  16,  18(a).  Const.,  Schedule 
sec.  15. 

OREGON  Railroad     Commission    of     Oregon,     Salem. 

Chairman  and  two  commissioners.  Elected  in  November  as 
other  congressional  and  state  officers  are  elected  for  four  years 
and  until  his  successor  is  elected  and  qualified;  two  at  the  same 
time,  one  from  first  and  one  from  second  railroad  commission 

39  district,  and  one  from  state  at  large  two  years  later.  Chairman 
elected  by  commission  every  two  years.  $4,000.  Bond  of  $10,- 
000.  Gen.  Laws  igoj,  ch.  53,  sees,  i,  2  (as  amended  by  Gen. 
Laws  191 1,  ch.  2yg,  sec.  yg),  j,  j,  8. 

PENNSYLVANIA  State  Railroad  Commission,  Harrisburg. 
Chairman  and  two  commissioners.  Appointed  by  governor  by 
and  with  advice  and  consent  of  senate  for  five  years ;  one  each  of 

40  three  years,  two  years  intervening  between  each  succession  of 
three  appointments.  Chairman  dcvsignated  by  governor.  One 
shall  be  learned  in  law.  $8,000.  Laws  igoj,  no.  2 jo,  sees,  i, 
5.  23. 

RHODE  ISLAND  PubHc  Utilities  Commission,  Providence. 
Chairman  and  two  commissioners.  Appointed  by  governor  by 
and  with  advice  and  consent  of  senate  for  six  years;  one  every 

41  two  years.  Chairman  elected  by  commissioners  upon  appoint- 
ment of  any  commissioner  for  a  new  term  or  whenever  vacancy 
occurs.  Qualified  electors  of  Rhode  Island.  Chairman,  $4,000; 
commissioners,  $3,500  each.    Acts  1912,  ch.  jgj,  sees,  j,  4,  7. 

SOUTH  CAROLINA    The      Railroad      Commission,       Columbia. 

Three.     Elected  at  general  election  for  six  years;  one  every  two 

42  years.  Twenty-five  years  of  age.  $1,900.  Const.,  art  ix,  sec. 
14.  Gen.  Stats.  igo2,  sees.  2063,  2064.  Laws  i8gj,  no.  304, 
sec.  I. 

Public  Service  Commission.  Three.  Appointed  by  gov- 
ernor by  and  with  consent  of  senate  for  six  years  and  until  suc- 
cessors   are   appointed   and    qualified;    one   every   two    years. 

43  Reputable  and  competent  citizens  of  South  Carolina.  Ten 
dollars  a  day  when  actually  employed.  Bond  of  $1,000.  Laws 
igio,  no.  286,  sees,  i,  4,  5. 

SOUTH  DAKOTA  Board  of  Railroad  Commissioners  of  the  State 
of  South  Dakota,  with  office  at  some  central  point  to  be  selected 
.  by  majority  of  commissioners  (Pierre).  Three.  Elected  at 
general  election  for  six  years  and  until  his  successor  is  elected 
and  qualified,  one  from  each  of  three  railroad  commissioner  dis- 
tricts;   one  every  second  year.      Twenty-five  years  of  age;  a 

44  resident  of  South  Dakota  for  at  least  two  years  next  preceding 
his  election,  and  at  time  of  election  a  resident  of  district  for  which 

71 


he  is  elected;  citizen  of  the  United  States;  qualified  elector  of 
South  Dakota.  $1,500.  Bond  of  $5,000.  Rev.  Pol.  Code  1Q03, 
sees.  186,  i8y,  i8g-igi,  ip4,  igs  (as  amended  by  Sess.  Laws 
igoy,  ch.  208). 

TENNESSEE  Railroad  Commission  of  the  State  of  Ten- 

nessee, Nashville.  Chairman  and  two  commissioners.  Elected 
at  the  regular  election  in  November  for  six  years;  one  every  two 

46  years.  Chairman  elected  by  members  every  two  years.  Twenty- 
five  years  of  age;  resident  citizens  of  Tennessee;  qualified  voter. 
$2,000.  Bond  of  $20,000.  Acts  i8gy,  ch.  10,  sees.  7,  2,  j  (as 
amended  by  Acts  igoy,  ch.  jgo,  sec.  i),  4. 

TEXAS  Railroad     Commission     of     Texas,     Austin. 

Chairman  and  two  commissioners.  Elected  at  general  election 
for  state  officers  for  six  years;  one  every  two  years.     Chairman 

46  elected  by  commissioners.  Twenty-five  years  of  age;  residents 
of  Texas;    qualified  voters.     $4,000.     Const.,  art.  xvi,  sec.  jo. 

''       Sayles'  Civ.  Stats.  i8gy,  arts.  4561,  456 i{i),  4561  {5). 

VERMONT  Public  Service  Commission,  Newport.     Chair- 

man and  two  commissioners.  Appointed  by  governor  with 
advice  and  consent  of  senate  for  six  years;  one  every  two  years. 

47  Chairman  designated  by  governor  every  two  years.  Chair- 
man, $2,200;  each  commissioner,  $1,700.  Pub.  Stats.  igo6,  sees. 
45gi\  45g2y  6iy2  {as  amended  by  Laws  igo8,  no.  116,  sec.  21). 
Laws  igo8,  no.  116,  sec.  i. 

VIRGINIA  State    Corporation   Commission,^  Richmond. 

Chairman  and  two  commissioners.  Appointed  by  governor 
subject  to  confirmation  by  general  assembly  in  joint  session  for 

48  six  years;  one  every  two  years.  Chairman  elected  annually  by 
commission.  At  least  one  commissioner  with  same  qualifica- 
tions as  are  required  for  judges  of  supreme  court  of  appeals; 
citizen  of  Virginia.    Not  less  than  $4,000.    Const.,  sec.  155. 

WASHINGTON  The  Public  Service  Commission  of  Washing- 

ton, Olympia.  Chairman  and  two  commissioners.  Appointed 
by  governor  by  and  with  advice  and  consent  of  senate  for  six 

46  years  and  until  his  successor  shall  have  been  appointed  and 
qualified;  one  every  two  years.  Chairman  elected.  $5,000. 
Bond  of  $20,000.    Laws  igii,  ch.  iiy,  sees.  2,  j,  6. 

WISCONSIN  Railroad  Commission  of  Wisconsin,  Madison, 

Chairman  and  two  commissioners.  Appointed  by  governor  by 
and  with  advice  and  consent  of  senate  for  six  years  and  until 

» After  January  i,  1908,.  general  assembly  may  provide  for  election  of  members  of 
commission,  in  which  event  vacancies  thereafter  occurring  shall  be  filled  as  hereinbefore 
provided  until  the  expiration  of  twenty  days  after  the  ne.xt  general  election,  held  not  less 
than  sixty  days  after  vacancy  occurs,  at  which  election  vacancies  shall  be  filled  for  residue 
of  unexpired  term.    Const.,  sec.  155.  , 

General  assembly  may  establish  within  the  department,  and  subject  to  the  supervision 
and  control  of  commission,  subordinate  divisions  or  bureaus  of  insurance,  banking  or 
other  special  branches  of  the  business  of  that  department.    Same. 

72 


his  successor  is  appointed  and  qualified;  one  every  two  years. 
Chairman  elected  by  commissioners  on  second  Monday  of 
50  February  in  each  odd  numbered  year  for  two  years  and  until 
his  successor  is  elected.  One  having  a  general  knowledge  of 
railroad  law,  each  of  the  others  having  a  general  understanding 
of  matters  relating  to  railroad  transportation.  $5,000.  Laws 
1905,  ch.  362,  sees.  i797-i{J),  ijgy-iik).  Laws  igoj,  ch.  ^82, 
sees.  1797-1^  i797'i{(^),  ^797-Ai).  i797-i{g)- 


B.     QUORUM    OF   COMMISSION. 

I.     Majority  Constitutes  Quorum. 

f  UNITED  STATES,  ARIZONA,  ARKANSAS,  CALIFORNIA,  IN- 
DIANA, IOWA,  KENTUCKY,  MARYLAND,  MICHIGAN, 
MINNESOTA,  MISSISSIPPI,  MISSOURI,  MONTANA,  NE- 
VADA, NEW  JERSEY,  NEW  MEXICO,  NEW  YORK,  NORTH 
CAROLINA,!  NORTH  DAKOTA,  OHIO,  OKLAHOMA,  ORE- 
GON, PENNSYLVANIA,  RHODE  ISLAND,  SOUTH  CARO- 
LINA, SOUTH  DAKOTA,  TENNESSEE,  TEXAS,  VERMONT, 
VIRGINIA,  WASHINGTON,  WISCONSIN 

Majority  shall  constitute  quorum  to  transact 
business.  U.  S. — Act  to  regulate  Commerce,  sec.  17;  Ariz. — 
Sess.  Laws  1912,  ch.  90,  sec.  9;  Ark. — Kirby^s  Digest  1904,  sec. 
679 j;  Cat. — Stats.  191 1,  ist  ex.  sess.,  ch.  14,  sec.  9;  Ind. — Acts 
1907,  ch.  241,  sec.  2{a);  la. — Code  1897,  sec.  2142;  Ky. — Car- 
roll's Stats.  1909,  sec.  821;  Md. — Laws  1910,  ch.  180,  sec.  4; 
Mich. — Puh.  Acts  1909,  no.  joo,  sec.  2{f);  Minn. — Rev.  Laws 
1905,  sec.  1958;  Miss. — Code  1906,  sec.  4828;  Mo. — Rev.  Stats. 
1909,  sec.  3205;  Mont. — Rev.  Codes  1907,  sec.  4365;  Nev. — 
61  Stats.  1907,  ch.  44,  sec.  i(a),  as  amended  by  Stats.  19 11,  ch.  193; 
N.  J. — Laws  191 1,  ch.  195,  sec.  13;  N.  M. — Laws  1912,  ch.  78, 
sec.  5;  N.  Y. — Laws  1910,  ch.  480,  sec.  11;  N.  C. — PelVs  Re- 
visal  1908,  sec.  1062;  N.  D. — Rev.  Codes  1905,  sec.  4362;  Ohia^ 
Code  1 9 10,  sec.  495;  Okla. — Const.,  art.  ix,  sec.  i8{a);  Ore. — 
Gen.  Laws  1907,  ch.  53,  sec.  4;  Pa. — Laws  1907,  no.  2 jo,  sec.  5; 
R.  I. — Acts  1912,  ch.  79 j,  sec.  8;  S.  C. — Gen.  Stats.  1902,  sec. 
2064,  S.  D. — Rev.  Pol.  Code  1903,  sec.  192;  Tenn. — Acts  1897, 
ch.  10,  sec.  2;  Tex. — Sayles'  Civ.  Stats.  1897,  art.  4561  {5);  Vt. — 
Pub.  Stats.  1906,  sec.  4596,  as  amended  by  Laws  1910,  no.  ijj, 
sec.  i;  Va. — Const.,  sec.  ijj;  Wash. — Laws  191 1,  ch.  117,  sec. 
7;    Wis. — Laws  1907,  ch.  582,  sec.  i797-i{g). 

Two  members  of  the  board  of  railroad  commissioners  can  act  in  the 
absence  of  the  third  member.  City  of  Worcester  vs.  Board  of  Railroad 
Commissioners,  iij  Mass.  161. 

•  The  chairman  is  authorized  and  empowered  to  perform  the  duties  and  exercise  the 
powers  conferred  by  law  upon  commission  as  to  or  over  banks  and  building  and  loan  asso- 
ciations, but  this  shall  not  prevent,  as  to  banking  and  building  and  loan  associations,  the 
other  members  of  court  from  acting  with  the  chairman  in  all  of  such  matters.  Pell's  Revisal 
1008,  sec.  1062. 

73 


2.     Powers  of  Less  Than  Entire  Membership. 

UNITED  STATES,  ARIZONA,  CALIFORNIA,  MICHIGAN,  MIN- 
NESOTA, OfflO,  OREGON,  PENNSYLVANIA,  VIRGINIA, 
WISCONSIN  No  vacancy  shall  impair  the  right  of  remaining 

commissioners  to  exercise  all  the  powers  of  commission.     U.  S. — 

52  Act  to  Regulate  Commerce,  sec.  ii;  Ariz. — Sess.  Laws  igi2,  ch. 
go,  sec.  g;  Cat.- — Stats,  igii,  ist  ex.  sess.,  ch.  14,  sec.  g,  Mich. — 
Pub.  Acts  igog,  no.  joo,  sec.  2(f);  Minn. — Rev.  Laws  igoj,  sec. 
igj8;  Ohio — Code  igio,  sec.  4g3;  Ore. — Gen.  Laws  igoy,  ch. 
5j,  sec.  4,  Pa. — Laws  igoy,  no.  2^0,  sec.  i;  Va. — Const.,  sec. 
156;  Wis. — Laws  igo'j,  ch.  582,  sec.  lygy-iig). 

J.     Powers  of  Single  Commissioner. 

NEVADA  In  event  of  disability  or  disqualification  of 

two  commissioners  or  existence  of  two  vacancies  at  same  time, 

58  the  remaining  commissioner  shall  have  power  of  a  majority  and 
his  official  acts  shall  stand  as  acts  of  commission.  Stats,  igoy, 
ch.  44,  sec.  I  (a),  as  amended  by  Stats,  igii,  ch.  igj. 

C.     OATH    OF   OFFICE    OF   MEMBERS. 

ALABAMA,  ARIZONA,  ARKANSAS,  CALIFORNIA,  CONNECTI- 
CUT, FLORIDA,  GEORGL^,  ILLINOIS,  INDIANA,  IOWA, 
KANSAS,  KENTUCKY,  MARYLAND,  MASSACHUSETTS,^ 
MICHIGAN,  MINNESOTA,  MISSOURI,  MONTANA,  NE- 
BRASKA, NEVADA,  NEW  YORK,  NORTH  CAROLINA,  NORTH 
DAKOTA,  OHIO,  OKLAHOMA,  OREGON,  PENNSYLVANIA, 
RHODE  ISLAND,  SOUTH  CAROLINA,  SOUTH  DAKOTA, 
TENNESSEE,  TEXAS,  VERMONT,  WASHINGTON,  WIS- 
CONSIN Commissioners  shall  take  and  subscribe  to 
the  constitutional  oath  of  office,  and  such  additional  oaths  as  are 
prescribed.  Ala. — Code  igoy,  sec.  5637;  Ariz.' — Sess.  Laws  igi2, 
ch.  go,  sec.  7;  Ark. — Kirby^s  Digest  igo4,  sec.  6yg2;  Cat. — Stats, 
igii,  ist  ex.  sess.,  ch.  14,  sec.  7;  Conn. — Pub.  Acts'igii,  ch.  128, 
sec.  2;  Fla. — Gen.  Stats.  igo6,  sec.  2886;  Ga. — Code  igii,  sec. 
26 1 g;  III. — Revisal  igog,  ch.  114,  sec.  i6g;  Ind. — Acts  igo7,  ch, 
241,  sec.  i{d);  la.— Code  i8gy,  sec.  2111;  Kan. — Laws  igii, 
ch.  2j8,  sec.  8;  Ky. — Carroll's  Stats,  igog,  sec.  822;  Md. — Laws 
igio,  ch.  180,  sec.  2;    Mass. — Rev.  Laws  igo2,  ch.  121,  sec.  i. 

64  Acts  igo6,  ch.  46 j,  pt.  i,  sec.  i;  Mich. — Pub.  Acts  igog,  no.  joo, 
sec.  2(d);  Minn. — Rev.  Laws  igoj,  sec.  igjd,  as  amended  by  Laws 
igii,  ch.  140;  Mo. — Rev.  Stats,  igog,  sec.  3261;  Mont. — Rev. 
Codes  I  go'/,  sec.  4364;  Neb. — Cobbey's  Annot.  Stats,  igog,  sec. 
io64g;  Nev. — Stats,  igoy,  ch.  44,  sec.  i{i),  as  amended  by  Stats, 
igii,  ch.  ig3;  N.  Y. — Laws  igio,  ch.  480,  sec.  g;  N.  C. — PelVs 
Revisal  igo8,  sec.  loj^g;  N.  D. — Rev.  Codes  igoj,  sec.  366;  Ohio — 
Code  igio,  sec.  4go;  Okla. — Const.,  art.  ix,  sec.  17;  Ore. — Gen. 
Laws  igoy,  ch.  53,  sec.  2,  as  amended  by  Laws  igii,  ch.  2'jg, 

i  Gas  and  Electric  Commission  and  Railroad  Commission. 

74 


sec.  7p;  Pa. — Laws  1907,  no.  250,  sec.  4;  R.  I. — Acts  1912,  ch. 
7P5,  sec.  j;  S.  C. — Gen.  Stats.  igo2,  sec.  2063;  ^'  ^' — -^^^-  P^^- 
Code  1903,  sec.  194;  Tenn. — Acts  1897,  ch.  10,  sec.  4;  Tex. — 
Sayles'  Civ.  Stats.  1897,  art.  4^61(4);  Vt. — Puh.  Stats.  1906,  sec. 
4595)  Wash. — Laws  1911,  ch.  117,  sec.  3;  Wis. — Laws  1907, 
ch.'  582,  sec.  17 97- 1  {e). 


D.     REMOVAL   OR   SUSPENSION    OF   MEM- 
BERS 

I.     Person  Authorized  to  Remove  Members. 

The  person,  persons  or  body  authorized  to  remove  commis- 
sioners from  office  are  as  follows : 

UNITED  STATES — president.  Act  to  Regulate  Commerce,  sec.  i;  ALABAMA— 
Supreme  court.  Code  1907,  sec.  5639;  ARKANSAS,  FLORIDA,  ILLINOIS,  INDIANA, 
KANSAS,  MARYLAND,  MICHIGAN,  MINNESOTA,  NEW  JERSEY,  NEW  YORK, 
OmO,  SOUTH  CAROLINA,  WASHINGTON  and  WISCONSIN— governor.  Ark.— 
Kirby's  Digest  1904,  sec.  6789;  Fla. — Gen.  Stats.  1906,  sec.  2884;  III. — Revisal  1909,  ch. 
114,  sec.  168;  Ind. — Acts  1907,  ch.  241,  sec.  i{c);  Kan. — Laws  191 1,  ch.  238,  sec.  8;  Md. — 
Laws  1910,  ch.  180,  sec.  2;  Mich. — Pub.  Ads  1909,  no.  300,  sec.  2{b);  Minn. — Rev.  Laws 
J905,  sec.  1957;  N.  J. — Laws  1911,  ch.  195,  sec.  2;  N.  Y. — Laws  1910,  ch.  180,  sec.  4; 
Ohio — Code  1910,  sec.  491;  S.  C. — Laws  1910,  no.  286,  sec.  5;  Wash. — Laws  1911.  ch.  117, 
sec.  2;    Wis. — Laws  1907,  ch.  582,  sec.  i797-i{b);    CALIFORNIA — ^legislature,  by  a  two- 

65  thirds  vote  of  all  members  elected  to  each  house.  Stats.  191 1.  ist  ex.  sess.,  ch.  14,  sec.  j(6); 
CONNECTICUT— superior  court.  Pub.  Acts  1911,  ch.  128.  sec.  j;  GEORGIA— majority 
of  each  branch  of  general  assembly.  Code  1911,  sec.  2618;  ElENTUCKY — general  assem- 
bly. Const.,  sec.  209;  MASSACHUSETTS  (Gas  and  Electric  Commission) — governor, 
with  advice  and  consent  of  council.  Rev.  Laws  1902,  ch.  121,  sec.  i,  as  amended  by  Acts 
1907,  ch.  316;  NEVADA — ^railroad  board  consisting  of  governor,  lieutenant-governor  and 
attorney-general.  Stats.  1907,  ch.  44,  sec.  i(Jb),  as  amended  by  Slats.  1911,  ch.  193;  NEW 
HAMPSHIRE — governor  and  council.  Laws  191 1,  ch.  164,  sec.  2(,c);  OREGON  1 — gover- 
nor, secretary  of  state  and  state  treasurer.  Gen.  Laws  1907,  ch.  53,  sec.  2,  as  amended  by 
Gen.  Laws  1911,  ch.  279,  sec.  79;  RHODE  ISLAND — governor,  with  advice  and  consent 
of  senate.    Acts  1912,  ch.  795,  sec.  5. 

2.     Cause  of  Removal. 
Causes  for  removal  of  members  of  commission  follow : 

UNITED  STATES,  CONNECTICUT,  INDIANA,  MARYLAND,  MICHIGAN,  MINNE- 
SOTA, NEVADA,  NEW  HAMPSHIRE,  NEW  JERSEY,  NEW  YORK,  OHIO,  OREGON, 
RHODE  ISLAND,  WASHINGTON  and  WISCONSIN— inefficiency,  neglect  of  duty,  mis- 
conduct or  malfeasance  in  office.  U.  S. — Act  to  Regulate  Commerce,  sec.  11;  Conn. — Pub. 
Acts  1911,  ch.  128,  sec.  5;  Ind. — Acts  1907,  ch.  241,  sec.  i(c);  Md. — Laws  X910,  ch.  180,. 
sec.  2;  Mich. — Pub.  Acts  1909,  no.  300,  sec.  2(b):  Minn. — Rev.  Laws  1905,  sec.  19571  Nev. — 
Stats.  1907,  ch.  44,  sec.  lib),  as  amended  by  Stats.  1911,  ch.  193;  N.  H. — Laws  191 1,  ch. 
164,  sec.  2{c);  N.  J. — Laws  1911,  ch.  195,  sec.  2;  N.  Y. — Laws  1910,  ch.  480,  sec.  4; 
■  Ohio — Code  1910,  sec.  491;  Ore. — Gen.  Laws  1907,  ch.  53,  sec.  2,  as  amended  by  Gen.  Laws 
1911,  ch.  279,  sec.  79;  R.  I. — Ads  1912,  ch.  795,  sec.  5;  Wash. — Laws  1911,  ch.  117,  sec.  2; 
Wis.— Laws  1907,  ch.  582,  sec.  1797-iQ});  ALABAMA  and  MISSISSIPPI— directly  or 
indirectly  accepting  any  gift,  gratuity,  emolument  or  employment  from  any  carrier.    Ala. — 

66  Code  1907,  sec.  5639;  Miss. — Code  1906,  sec.  4827;  ARKANSAS — ^failure  of  member  to 
divest  himself  of  interest  in  any  utility.  Kirby's  Digest  1904,  sec.  6789;  KANSAS  and 
NEW  HAMPSHIRE — failure  of  member  to  divest  himself  of  interest  in  any  utility  within 
a  reasonable  time.     Kan. — Laws  191X,  ch.  238,  sec.  8;    N.  H. — Laws  1911,  ch.  164,  sec. 

1  Commissioner  cannot  be  removed  but  must  be  recalled  by  a  majority  or  plurality 
vote  of  electors,  in  which  event  his  successor  must  be  elected  at  the  same  time. 

75 


2(c);  FLORIDA — malfeasance,  misfeasance,  neglect  of  duty,  drunkenness  or  incompetency; 
OHIO — ^failure  of  member  to  divest  himself  of  interest  in  any  utility  within  30  days. 
Code  jgio,  sec.  488;  CALIFORNIA — dereliction  of  duty,  corruption  or  incompetency. 
Stats.  iQii,  ist  ex.  sess.,  ch.  14,  sec.  jib);  CONNECTICUT — active  participation  in  politics. 
Pub.  Acts  IQII,  ch.  128,  sec.  5;  KENTUCKY,  MASSACHUSETTS  (Gas  and  Electric  Com- 
mission), RHODE  ISLAND — for  cause  shown.  Ky. — Const.,  sec.  209;  Mass. — Rev.  Laws 
1902,  ch.  121,  sec.  I,  as  amended  by  acts  1907,  ch.  316;  R.  I. — Acts  1912,  ch.  795,  sec.  5; 
MONTANA — failure  to  perform  duties  of  office.  Rev.  Codes  1907,  sec.  4397;  NEW  HAMP- 
SHIRE— ^voluntarily  becoming  interested  pecuniarily  in  any  utility  or  holding  another 
political  office.    Laws  ign,  ch.  164,  sec.  2(6). 

J.     Procedure. 

Procedure  in  cases  of  the  removal  of  a  commissioner  is  as 
follows: 

CONNECTICUT — commissioner  shall  be  removed  only  after  judgment  of  superior 
court  rendered  upon  written  complaint  of  attorney-general  filed  in  his  discretion  or  when 
so  directed  by  governor  or  if  so  requested  in  writing  by  one  hundred  electors.  Upon  the  filing 
of  complaint,  a  rule  to  show  cause  shall  issue  to  accused  who  may  make  answer  within  such 
time  as  court  may  limit  and  may  be  heard  in  his  own  defense  by  witnesses  and  counsel.  Pro- 
cedure shall  be  similar  to  that  in  civil  actions  but  such  complaint  shall  be  privileged  in  order 
and  trial  and  heard  as  soon  as  practicable.  Pub.  Acts  1911,  ch.  128,  sec.  5;  INDIANA, 
MINNESOTA  and  NEW  HAMPSHIRE — commissioner  shall  be  given  notice,  a  copy  of 
charges  against  him  and  an  opportimity  of  being  heard  in  his  own  defense.  Ind. — Acts 
1907,  ch.  241,  sec.  i{c);  Minn. — Rev.  Laws  1905,  sec.  1957 '<  ^-  H. — Laws  1911,  ch.  164, 
sec.  2{c);  KENTUCKY  and  VIRGINIA — ^procedure  same  as  in  case  of  removal  or  impeach- 
ment of  judges  of  court  of  last  resort.     Ky. — Const.,  sec.  209;  Va. — Const.,  sec.  155;  MARY- 

67  LAND,  MICHIGAN,  NEVADA,  NEW  YORK,  OHIO,  OREGON.i  WASHINGTON  and 
WISCONSIN — before  commissioner  shall  be  removed  he  shall  be  given  a  copy  of  charges 
against  him  and  time  shall  be  fixed  when  he  can  be  publicly  heard  in  his  own  defense  which 
shall  not  be  less  than  ten  days  thereafter*  if  commissioner  shall  be  removed  the  person  or 
persons  authorized  to  make  such  removal  shall  file  in  office  of  secretary  of  state  a  com- 
plete statement  of  all  charges  against  such  commissioner  and  findings  thereon  with  a  record 
of  the  proceedings.  Md. — Laws  1910,  ch.  180,  sec.  2;  Mich. — Pub.  Acts  1909,  no.  300, 
sec.  2(b);  Nev. — Stats.  1907,  ch.  44,  sec.  i(b),  as  amended  by  Stats.  191 1,  ch.  193;  N.  Y. — 
Laws  1910,  ch.  480,  sec.  4;  Ohio — Code  1910.  sec.  491;  Ore. — Gen.  Laws  1907,  ch.  53,  sec.  2, 
as  amended  by  Gen.  Laws  1911.  ch.  279,  sec.  79;  Wash. — Laws  1911,  ch.  117,  sec.  2;  Wis. — 
Laws  1907,  ch.  582,  sec.  1 797-1  (b);  MASSACHUSETTS  (Gas  and  Electric  Commission)— 
commissioners  shall  be  given  notice  and  hearing.  Rev.  Laws  1902,  ch.  121,  sec.  i,  as  amended 
by  Acts  1907,  ch.  316;  NEW  JERSEY — commissioner  shall  be  given  a  copy  of  charges 
against  him  and  an  opportunity  of  being  publicly  heard  in  person  or  by  counsel  in  his  own 
defense  upon  not  less  than  ten  days'  notice.     Laws  1911,  ch.  195,  sec.  2. 

4.     Person  Authorized  to  Suspend  Members;  Cause  of  Suspension. 

The  person  authorized  to  suspend  commissioners  and  the 
causes  of  suspension  are  as  follows: 

ARKANSAS — commissioner  may  be  suspended  for  failure  to  remove  disqualifications 
or  to  resign.  Kirby's  Digest  1904,  sec.  6789;  FLORIDA — commissioner  may  be  suspended 
■iV  govemor.2    Gen.  Slats.  1906,  sec.  2886;   GEORGIA — upon  failure  to  remove  disqualifi- 

68  cations  or  to  resign  commissioner  must  be  suspended  by  governor  who  may  fill  the  vacancy 
until  suspended  commissioner  is  restored  or  removed;  any  commissioner  may  be  suspended 
by  governor,  who  shall  report  the  suspension  and  the  reason  therefor  to  the  next  general 
assembly.  Code  jqii,  sec.  2618;  MONTANA — upon  complaint  and  for  cause  shown  gov- 
ernor may  suspend  commissioner  and  if  necessary  may  appoint  temporarily  some  com- 
petent person  to  fill  vacancy  during  period  of  suspension.     Rev.  Codes  1907.  sec.  4397. 

NORTH  CAROLINA— 5«  par.  101. 

»  Commissioner  can  only  be  removed  by  a  recall  petition  signed  by  25  per  cent  of 
the  legal  voters  of  his  district  and  by  special  election  called  for  the  purpose  of  electing 
his  successor. 

3  Suspension  to  terminate  at  end  of  next  session  of  senate  unless  officer  be  removed  by 
senate  on  recommendation  of  governor. 

76 


5-     Vacation  of  Office. 

Manner  in  which  commissioners  vacate  office  and  causes  of 
vacation  of  office  are  as  follows : 

ALABAMA — if  commissioner  shall  fail  or  refuse  for  thirty  days  to  qualify  his  office  becomes 
vacant.  Code  1907,  sec.  5635;  ARKANSAS — commissioner  vacates  office  upon  failure  to 
divest  himself  within  reasonable  time  of  interest  in  any  railroad.  Kirby's  Digest  1904,  sec. 
6789;  ARIZONA,  CALIFORNIA,  MICHIGAN,  NEBRASKA,  NEVADA,  OHIO,  OKLA- 
HOMA, OREGON,  TEXAS  and  WISCONSIN— if  any  commissioner  shall  voluntarily 
become  interested  in  any  utility  his  office  shall  ipso  facto  become  vacant;  if  he  shall  become 
so  interested  otherwise  than  voluntarily  he  shall  within  a  reasonable  time  divest  himself 

59  of  such  interest;  failing  so  to  do  his  office  shall  become  vacant.  Ariz. — Sess.  Laws  191 2, 
ch.  90,  sec.  7;  Cal. — Stats.  1911,  ist  ex.  sess.,  ch.  14,  sec.  7;  Mich. — Pub.  Acts  1909,  no.  300, 
sec.  2(c);  Neb. — Cobbey's  Annot.  Stats.  1909,  sec.  10649;  Nev. — Stats.  1907,  ch.  44,  sec. 
i(c),  as  amended  by  Stats.  1911,  ch.  197;  Ohio — Code  1910,  sec.  488;  Okla. — Const.,  art.  ix, 
sec.  16;  Ore. — Gen.  Laws  1907,  ch.  53,  sec.  2,  as  amended  by  Gen.  Laws  1911,  ch.  279,  sec. 
79;  Tex. — Sayles'  Civ.  Stats.  1897,  art.  4361(1) ;  Wis. — €aws  1907,  ch.582,  sec.  17 97-1  {c). 

NEVADA — See  also  par.  3746. 
NORTH  CAROLINA— 5ec  par.  loi. 

6.     Forfeiture  and  Impeachment.^ 

Manner  and  causes  of  impeachment  and  forfeiture  of  office 
of  commissioners  are  as  follows: 

ALABAMA — commissioners  may  be  impeached  and  removed  by  the  supreme  court 
for  any  cause  and  in  manner  specified  by  law  for  impeachment  and  removal  of  other  state 
officers.     Code  1907,  sec.  5639;    MISSISSIPPI — commissioner  shall  forfeit  office  and  may 

60  be  impeached  and  removed  for  any  cause  specified  by  law  for  impeachment  of  other  state 
officers  and  upon  conviction  shall  be  fined  $1,000  to  $10,000  or  imprisoned  in  penitentiary 
or  both.  Code  1906,  sec.  4827;  SOUTH  DAKOTA — if  any  commissioner  shall  wilfully 
neglect  or  refuse  to  perform  duties  imposed  upon  him  he  shall  be  deemed  guilty  of  a  mis- 
demeanor and  in  addition  to  the  punishment  provided  by  law  shall  be  subject  to  criminal 
prosecution  and  upon  conviction  shall  forfeit  office.    Sess.  Laws  1911,  ch.  207,  sec.  47. 


E.     MANNER  OF  FILLING  VACANCIES. 

Vacancies  in  commission  are  filled  in  the  man« 
ner  described: 

In  elective  commissions:  ARIZONA,  GEORGIA,  MINNESOTA,  MISSOURI,  MON- 
TANA, NEBRASKA,  NORTH  CAROLINA,  OKLAHOMA,  SOUTH  CAROLINA,  SOUTH 
DAKOTA,  TENNESSEE  and  TEXAS— vacancy  shall  be  filled  by  appointment  by  governor 
until  next  general  election  when  commissioner  shall  be  elected  for  unexpired  term.  Ariz. — 
Const.,  art.  xv,  sec.  i.  Sess.  Laws  1912,  ch.  90,  sec.  3(b);  Ga. — Code  1911,  sec.  2617;  Minn. — 
Rev.  Laws  1903,  sec.  1934;  Mo. — Rev.  Stats.  1909,  sec.  3230;  Mont. — Rev.  Codes  1907,  sec. 
4363;  Neb. — Cobbey's  Annot.  Stats.  1909,  sec.  10649;  N.  C. — PeU's  Revisal  1908,  sec.  1037; 
61  Okla.— Const.,  art.  ix,  sec.  13;  S.  C.—Gen.  Stats.  1902,  sec.  2063;  S.  D.—Rev.  Pol.  Code 
1903,  sec.  188;  Tenn. — Acts  1897,  ch.  10,  sec.  i;  Tex. — Const.,  art.  xvi,  sec.  30;  ALABAMA, 
ARKANSAS  and  FLORIDA — vacancy  shall  be  filled  by  appointment  by  governor.  Ala. — 
Code  1907,  sec.  3633;  Ark. —  Kirby's  Digest  1904,  sec.  6791;  Fla. — Gen.  Slats.  1906,  sec. 
2884;  KENTUCKY — vacancy  shall  be  filled  in  manner  provided  in  constitution.  Const., 
sec.  209;  OREGON— vacancy  shall  be  filled  by  appointment  by  governor,  secretary  of 
state  and  state  treasurer.  Gen.  Laws  1907,  ch.  53,  sec.  i,  as  amended  by  Gen.  Laws  1911* 
ch.  279,  sec.  79. 

>  MISSOURI — If  commissioners  shall  fail  or  refuse  to  perform  any  act  or  duty  required 
of  them  by  sections  3179-3207,  they  shsdl  be  liable  to  proceedings  in  mandamus  to  com- 
pel the  performance  of  such  act  or  duty,  and  in  addition  thereto  shall  be  liable  to  such  fine 
as  the  court  may  impose,  not  exceeding  $500.    Rev.  Stats.  1909,  sec.  3205- 

77 


in  commissions  chosen  by  appointment  and  confirmation:  CONNECTICUT,  MICH- 
IGAN, NEW  HAMPSHIRE,  OHIO,  PENNSYLVANIA,  RHODE  ISLAND,  VERMONT, 
VIRGINIA  and  WISCONSIN — governor  or  other  oIKcer  authorized  to  make  original  appoint- 
ment shall  make  appointment  to  fill  vacancy  subject  to  confirmation  of  senate  or  other  orig- 
inal ratifying  body.  Conn. — Pub.  Acts  igii,  ch.  128,  sec.  3;  Mich. — Pub.  Acts  igog,  no. 
300,  sec.  i;  N.  H. — Laws  iQii,  ch.  164  sec.  2(0);  Ohio — Code  1910,  sec.  492;  Pa. — Laws 
1907,  no.  250,  sec.  i;    R.  I. — Acts  1912  ch.  795,  sec.  6;    Vt. — Pub.  Stats.  1906,  sec.  4592; 

62  Va. — Const.,  sec.  155;  Wis. — Laws  1907,  ch.  582,  sec.  1797-1;  COLORADO,  KANSAS  and 
WASHINGTON— governor  or  other  officer  authorized  to  make  original  appointment  shall 
make  appointment  to  fill  vacancy.  C6L. — Laws  1910,  sp.  sess..  ch.  5,  sec.  11;  Kan. — Laws 
1911.  ch.  238.  sec.  5;  Wash.— Laws  1911,  ch.  117,  sec.  2;  UNITED  STATES  and  NEW 
YORK — vacancy  shall  be  filled  by  appointment.  U.  S. — Act  to  Regulate  Commerce  sec.  24; 
N.  Y. — Laws  1910,  ch.  480,  sec.  4;  NEW  JERSEY— vacancy  shall  be  filled.  Laws  1911, 
ch.  195,  sec.  2. 

In  commissions  chosen  by  appointment:  CALIFORNIA,  INDIANA,  MARYLAND  and 
NEVADA — governor  or  other  officer  or  officers  authorized  to  make  original  appointment 

63  shall  make  appointment  to  fill  vacancy.  Cal. — Stats,  igii,  isl  ex.  sess.  ch.  14,  sec.  3(b); 
Ind. — Acts  1907,  ch.  241,  sec.  i{c);  Md. — Laws,  1910,  ch.  180,  sec.  2;  Nev. — Stats.  1907, 
ch.  44,  sec.  I,  as  amended  bf  Stats,  igii,  ch.  193. 


F.     RIGHT  TO   SUE   AND   BE   SUED. 

CALIFORNIA  Commission  may  sue  in  the  name  of  the  peo- 

64     pie  of  the  State  of  California.      Stats,  igii,  ist.  ex.  sess.,  ch.  14, 
sec.  72. 

COLORADO  Commission    may    sue   and   be   sued   in   its 

66     official  name.     Laws  igio,  sp.  sess.  ch.  5,  sec.  12. 

MICmOAN,  NEVADA,  OfflO,  OREGON,  WISCONSIN 

Commission  may  sue  and  be  sued  in  its  offi- 
cial name.     Mich. — Puh.  Acts  iQog,  no.  300,  sec.  2{j);   Nev. — 
66     Stats.  iQoy,  ch.  44,  sec.  i{j),  as  amended  by  Stats.  191 1,  ch.  igj; 
Ohio — Code  ipio,  sec.  487;  Ore. — Gen.  Laws  igoy,  ch.  53,  sec.  7; 
Wis. — Laws  1905,  ch.  362,  sec.  i^gy-iij). 


G.     OFFICIAL   SEAL. 

UNITED  STATES,  ALABAMA,  ARIZONA,  ARKANSAS,  CALI- 
FORNIA, COLORADA,  ILLINOIS,  INDIANA,  IOWA,  KAN- 
SAS, MARYLAND,  MICHIGAN,  MINNESOTA,  MISSIS- 
SIPPI, MISSOURI,  MONTANA,  NEBRASKA,  NEVADA, 
NEW  HAMPSHIRE,  NEW  JERSEY,  NEW  YORK,  NORTH 
CAROLINA,  NORTH  DAKOTA,  OHIO,  OREGON,  PENN- 
SYLVANIA, RHODE  ISLAND,  SOUTH  DAKOTA,  TEXAS, 
VERMONT,  WASHINGTON,  WISCONSIN 

Commission  shall  have  an  official  seal  of  which 
courts  shall  take  judicial  notice,  in  the  form  described  in  the 
statute.  U.  S. — Act  to  Regulate  Commerce,  sec.  17;  Ala. — Code 
1907,  sec.  5637;  Ariz. — Sess.  Laws  191 2,  ch.  90 ^  sec.  8{b);  Ark. — 

•7  Kirhys  Digest  1904,  sec.  6793;  Cal. — Stats.  191 1,  ist  ex.  sess., 
ch.  14,  sec.  8{b);  Col. — Laws  1910^  sp.  sess.,  ch.  5,  sec.  12;  III. — 

7« 


Revisal  igog,  sec.  203;  Ind. — Acts  igoy,  ch.  241,  sec.  2(0);  la. — 
Code  i8gy,  sec.  2142;  Kan. — Gen.  Stats,  igog,  sec.  7184;  Md. — 
Laws  igio,  ch.  180,  sec.  4;  Mich. — Puh.  Acts  igog,  no.  joo,  sec. 
2 (J);  Minn. — Rev.  Laws  igo^,  sec.  ig6i;  Miss. — Code  igo6j 
sec.  4830;  Mo. — Rev.  Stats,  igog,  sec.  3262;  Mont. — Rev.  Codes 
igoj,  sec.  4366;  Neh. — C abbey's  Annot.  Stats,  igog,  sec.  106 jo; 
Nev. — Stats,  igoy,  ch.  44,  sec.  i{j),  as  amended  by  Stats,  igii, 
ch.  ig3;  N.  H. — Laws  igii,  ch.  164,  sec.  2{j);  N.  J. — Laws 
igii,  ch.  igj,  sec.  11;  N.  Y. — Laws  igio,  ch.  480,  sec.  io{i); 
N.  C. — PeWs  Revisal  igo8,  sec.  1054;  N.  D. — Rev.  Codes  igoj, 
sec.  4362;  Ohio — Laws  igii,  no.  325,  sec.  yg;  Ore. — Gen.  Laws 
igoy,  ch.  5j,  sec.  7;  Pa. — Laws  igoj,  no.  2$o,  sec.  5;  R.  I. — 
Acts  igi2,  ch.  7g5,  sec.  7;  S.  D. — Rev.  Pol.  Code  igo3,  sec.  ig2; 
Tex. — Sayles'  Civ.  Stats.  i8g'/,  art.  4^6 i{j);  Vt. — Pub.  Stats. 
igo6,  sec.  4Sg7',  Wash. — Laws  igii,  ch.  117,  sec.  6;  Wis.— Laws 
igo5,  ch.  362,  sec.  I7g7-i{j). 


H.     DISQUALIFICATIONS      FOR     MEMBER- 
SHIP. 

I.     Interest  in  any  Utility. 

AIUCANSAS,  CONNECTICUT,  FLORIDA,  GEORGIA,  ILLINOIS, 
IOWA,  KANSAS,  KENTUCKY,  LOUISIANA,  MASSACHU- 
SETTS, MICHIGAN,  MINNESOTA,  MISSISSIPPI,  MIS- 
SOURI, MONTANA,  NEBRASKA,  NEVADA,  NEW  HAMP- 
SHIRE, NEW  MEXICO,  OHIO,  OKLAHOMA,  OREGON, 
PENNSYLVANIA,  SOUTH  DAKOTA,  TENNESSEE,  TEXAS, 
VIRGINIA  No  person  employed  by  or  connected  with  or 

holding  any  official  relation  to  or  owning  stocks  or  bonds  of  or 
having  any  direct  or  indirect  or  pecuniary  interest  in  any  public 
utility  of  the  kind  over  which  commission  has  jurisdiction  shall 
be  eligible  to  enter  upon  the  duties  or  fill  the  office  of  commis- 
sioner.   Ark. — Kirby's  Digest  igo4,  sec.  67 8g;  Conn. — Gen.  Stats. 

68  igo2,  sec.  3878;  Fla. — Gen.  Stats.  igo6,  sec.  2885;  Ga. — Code 
igii,  sec.  2620;  III. — Revisal  igog,  ch.  114,  sec.  237;  la. — Laws 
igii,  ch.  g4,  sec.  2;  Kan. — Laws  igii,  ch.  238,  sec.  8;  Ky. — 
Const.,  sec.  2og;  La. — Const:,  art.  288,  as  amended  by  Stats.  igo7, 
no.  15;  Mass. — Rev.  Laws  igo2,  ch.  121,  sec.  i,  as  amended  by 
Acts  igo7,  ch.  316.  Acts  igo6,  ch.  433,  sec.  i.  Acts  igo6,  ch. 
463,  pt.  i,  sec.  i;  Mich. — Pub.  Acts  igog,  no.  300,  sec.  2(c); 
Minn. — Rev.  Laws  igoj,  sec.  ig55;  Miss. — Code  igo6,  sec.  4826; 
Mo. — Rev.  Stats,  igog,  sec.  3250;  Mont. — Rev.  Codes  igo7,  sec. 
4363;  Neb. — C abbey's  Annot.  Stats,  igog,  sec.  io64g;  Nev. — • 
Stats.  igo7,  ch.  44,  sec.  i{c),  as  amended  by  Stats,  igii,  ch.  ig3; 
N.  H. — Laws  igii,  ch.  164,  sec.  2(b);  N.  M. — Const.,  art.  xi, 
sec.  3;  Ohio. — Code  igio,  sec.  488;  Okla. — Const.,  art.  ix, 
sec.  16;  Ore. — Gen.  Laws  igo7,  ch.  53,  sec.  2,  as  amended  by  Gen. 
Laws  igii,  ch.  27g,  sec.  7g;  '  Pa. — Laws  igo7,  no.  250,  sec.  4; 
S.  D. — Rev.  Pol.  Code  igo3,  sec.  i8g;   Tenn. — Acts  i8g7,  ch.  10, 

79 


sec.  4;   Tex. — Sayles^  Civ.  Stats.  iSgy,  art.  4^6 i{i);    Va. — Const. y 
sec.  ijj. 

A  person  is  not  "interested,"  under  public  stats.  1901,  Chap.  155, 
Sec.  I,  unless  his  interest  prevents  him  from  being  "indifferent,"  so 
that  a  depositor  in  a  bank  owning  railroad  stock  is  not  so  "interested " 
that  he  cannot  be  a  railroad  commissioner.  In  re  Opinion  of  Justices, 
75  (N.  H.)  613. 

2.     Interest  in  any  Utility  under  Jurisdiction  of  Commission. 

UNITED  STATES,  ALABAMA,  ARIZONA,  CALIFORNIA,  COLO- 
RADO, MARYLAND,  NEW  YORK,  NORTH  DAKOTA, 
RHODE  ISLAND,  SOUTH  CAROLINA,  VERMONT 

No  person  employed  by  or  connected  with  or 
holding  any  official  relation  to  or  owning  stocks  or  bonds  of  or 
having  any  direct  or  indirect  or  pecuniary  interest  in  any  utility 
over  which  commission  has  jurisdiction  shall  be  eligible  to  enter 

69  upon  the  duties  or  fill  the  office  of  commissioner.  U .  S. — Act 
to  Regulate  Commerce,  sec.  11;  Ala. — Code  iQoy,  sec.  j6j8; 
Ariz. — Sess.  Laws  1Q12,  ch.  go,  sec.  j;  Cal. — Stats,  igii,  ist  ex. 
sess.,  ch.  14,  sec.  7;  Col. — Laws  igio,  sp.  sess.,  ch.  5,  sec.  11; 
Md. — Laws  igio,  ch.  180,  sec.  2;  N.  Y. — Laws  igio,  ch.  480, 
sec.  g;  N.  D. — Rev.  Codes  igoj,  sec.  365;  R.  I. — Acts  igi2,  ch. 
yg^,  sec.  4;  S.  C. — Gen.  Stats.  1Q02,  sec.  206 j;  Vt. — Pub.  Stats. 
igo6,  sec.  45g3,  as  amended  hy  Laws  igo8,  no.  116,  sec.  22.  • 

J.     Interest  in  Certain  Utilities  under  Jurisdiction  of  Commission. 

WISCONSIN  No  person  having  any  pecuniary  interest  in 

any  railroad^  in  Wisconsin  or  elsewhere  shall  be  eligible  to  enter 

70  upon  the  duties  or  fill  the  office  of  commissioner.  Laws  igoy, 
ch.  j82,  sec.  lygy-iic). 


I.     OFFICIAL     AND     PRIVATE     RELATIONS 
OF  MEMBERS  AND   EMPLOYES  WITH 
UTILITIES. 

ALABAMA  Commissioners  and  employes  may  pass  free 

71     on  railroads  in  performance  of  duties.     Code  igoy,  sec.  5656. 

Commissioners  or  clerk  may  enter  into  contracts  with  corpora- 
71     tions,  firms,  utilities  or  associations  in  their  capacities  as  common 
carriers.    Same,  sec.  5646. 

Any  commissioner  who  shall  accept  any  gift,  gratuity,  emol- 
ument or  employment  from  any  railroad  except  a  permit  for 
7»     himself  or  an  employe  of  commission  to  pass  over  the  road  while 
on  official  business  shall  forfeit  his  office  and  may  be  impeached 
and  removed  therefrom.    Same,  sec.  5(5 jp. 
See  also  par.  2088. 

«  The  term  "  railroad  "  includes  express  and  telegraph  companies. 

8o- 


ARIZONA  Commissioner,  officer,  or  employe  of  commis- 

sion shall  not  be  denied  the  right  to  travel  upon  any  railroad, 
car,  or  other  vehicle  of  such  common  carrier  whether  such  rail- 

74  road,  car,  or  other  vehicle  be  used  for  the  transportation  of 
passengers  or  freight,  and  regardless  of  class.  Sess.  Laws  igi2, 
ch.  go,  sec.  ii.  > 

ARKANSAS  Commission  shall  make  requisition  in  name  of 

state  upon  railroads  for  transportation  of  themselves  and  em- 

76  ployes  when  engaged  in  duties.  Railroads  may  furnish  same 
without  charge.    Kirby's  Digest  1Q04,  sec.  67 g8. 

CALIFORNIA  Members,  officers    and    employes  may  pass 

76  free  on  common  carriers  when  in  performance  of  duties.  Stats, 
igii,  ist  ex.  sess.  ch.  14,  sec.  11. 

Such  persons  shall  not  be  denied  the  right  to  travel  upon 

77  common  carriers  whether  used  for  passengers  or  freight  and  re- 
gardless of  class.    Same. 

See  also  pars.  2opj,  22 J2. 

COLORADO  Common  carriers  shall  furnish  free  transpor- 

78  tation  to  commissioners  or  employes  while  in  discharge  of  duties. 
Laws  iQio,  sp.  sess.,  ch.  5,  sec.  11. 

CONNECTICUT  Commissioners  and  employes  may  pass  free 

79  on  railroads  and  street  railways  in  performance  of  duties.  Gen. 
Stats.  1Q02,  sec.  388 j. 

ILLINOIS  Commissioners   and  employes  may  pass  free 

over  railroads  and  railroad  trains  and  over,  upon  and  in  instru- 

80  mentalities  used  by  common  carriers  in  transportation,  while  in 
performance  of  duties.    Revisal  igog,  ch.  114,  sec.  lyi. 

INDIANA  It  is  unlawful  for  commissioners,   secretary 

and  employes  to  receive  free  transportation,  reduced  rates,  pre- 
requisites, gifts  or  emoluments  from  railroads  or  parties  inter- 

81  ested  therein;  violation  constitutes  misdemeanor;  fine  of  $50  to 
$100;  governor  shall  declare  office  vacant.  Acts  igoy,  ch.  241, 
sec.  i(f). 

82  Common  carriers  shall  provide  free  transportation  for  inspect- 
ors while  on  business  of  commission.    Same. 

IOWA  Commissioners,  secretary,  experts  and  agents 

83  shall  be  carried  free  on  railroads  and  trains  while  performing 
duties.    Code  i8gy,  sec.  2151. 

KANSAS  Commissioners,  attorney,  secretary  and  em- 

ployes may  pass  free  over  roads  and  on  railroad  trains  or  any 

84  part  thereof  while  in  the  performance  of  their  duties.  Gen. 
Stats,  igog,  sec.  yi6g. 

81 


It  is  unlawful  for  commissioner,  attorney,  secretary  or  em- 
ployes to  receive  or  apply  for  free  transportation  or  reduced 
rates  from  common  carriers  oj  their  employes  for  other  persons ; 
8s  violation  constitutes  misdemeanor ;  fine  of$5oto$i,ooo;  governor 
shall  declare  office  vacant.  Commissioners  and  attorney  shall  not 
ask  nor  receive  from  any  utility  any  other  pay  or  emolimient  for 
services.     Same. 

See  also  par.  211  j. 

KENTUCKY  Commissioners,  rate  clerk  and  stenographer 

86  may  pass  free  over  railroads  upon  written  or  printed  authority 
when  engaged  in  duties.    CarrolVs  Stats,  ipog,  sec.  822. 

Commissioners  shall  not  directly  or  indirectly  solicit,  request 
from,  or  recommend  to  the  officers,  attorneys  or  employes  of 
railroads,  the  appointment  of  any  person  to  places  or  positions, 

87  nor  request,  accept  or  receive  any  present,  gift,  or  gratuity  from 
utilities;  nor  shall  any  corporation  offer  to  commissioners  any 
place  or  appointment  for  themselves  or  other  persons.  Viola- 
tion by  any  corporation  or  person;  fine  of  $1,000  to  $5,000. 
Same,  sec.  8j2. 

MARYLAND  Commissioners,    general    counsel,    secretary 

and  employes  are  forbidden  and  prohibited  to  solicit,  suggest, 
request  or  recommend  directly  or  indirectly  to  utilities  or  their 
officers,  attorneys  or  employes  the  appointment  of  persons  to 
any  office,  place,  position  or  appointment.  Utilities,  their  offi- 
cers, attorneys  and  employes  are  forbidden  and  prohibited  to 

88  offer  to  commissioners,  general  counsel,  secretary  or  employes 
any  place,  office,  appointment  or  position,  or  to  offer  to  give 
them  free  passes,  free  transportation,  reductions  in  fares  to 
which  public  generally  are  not  entitled,  free  carriage  of  freight 
or  property,  presents,  gifts  or  gratuities.  Governor  shall  re- 
move from  office  a  member,  officer  or  employe  of  commission 
violating  this  provision.    Laws  igio,  ch.  180,  sec.  7. 

MASSACHUSETTS  Railroad  commissioners  and  employes  shall 
be  transported  free  over  railroads  in  performance  of  duties. 

89  They  shall  not  receive  directly  or  indirectly  any  commission, 
bonus,  discount,  present  or  reward  from  railroads.  Acts  igo6, 
ch.  46 J,  pt.  i,  sec.  2. 

Railroad  commissioners  and  clerk  may  enter  into  contracts 
»o     with  a  railroad  or  street  railway  only  as  common  carriers.    Same, 
sec.  I. 

MICHIGAN  Commissioners  and  employes  shall  be  carried 

free  on  railroads,  trains,  cars  and  any  part  thereof,  when  on  busi- 
ness pertaining  to  railroads.     Violation  by  commissioners  or  em- 

f  1  ployes  constitutes  misdemeanor ;  fine  of  $  1 00  to  $  i ,  000  or  imprison- 
ment of  not  more  than  90  days,  or  both,  in  discretion  of, court. 
Pub.  Acts  jgog,  no.  300,  sec.  2{k). 

82 


Minnesota  commissioners,  secretary  and  employes  may 

92  pass  free  on  railroads  and  railroad  trains  in  performance  of  duties. 
Laws  1907,  ch.  449,  sec.  2. 

See  also  par.  380. 

MISSISSIPPI  Railroads  shall  transport  commissioners  and 

secretary  free  when  on  official  business  and  afford  them  proper 
facilities  and  furnish  annual  passes  to  commissioners  while  on 

93  railroad  business  pertaining  to  their  duties.  Railroads  and  other 
transportation  companies  shall  grant  free  passes,  or  tickets,  or 
passes  or  tickets  at  a  discount  to  commissioners.  Const.,  sec. 
188.    Code  1Q06,  sees.  48^9,  4873. 

It  is  unlawful  for  commissioners  or  secretary  to  accept  free 
transportation  except  as  provided  by  law,  or.  any  gift,  gratuity, 
emolimient  or  employment.     Violation;  shall  forfeit  offices,  may 

94  be  impeached  and  removed  from  office  and  shall  be  subject  to 
criminal  prosecution;  fine  of  $1,000  to  $10,000,  imprisonment  of 
one  to  ten  years,  or  both.  Railroads  granting  free  transpor- 
tation or  reduced  rates  to  commissioners  or  secretary  except 
when  on  official  business  shall  be  guilty  of  misdemeanor;  fine 
of  not  less  than  $100.    Code  1906,  sees.  4827,  4873. 

Railroads  shall  report  number  of  trips  and  miles  they  trans- 
96     ported  commissioners  or  secretary  during  preceding  year   and 
commission  shall  report  same  to  legislature.    Same. 
See  also  par.  382. 

MONTANA  Commissioners  and  employes  may  have  free 

96  transportation.    Rev.  Codes  1907,  sec.  4369. 

Revised  code  Montana,  1907,  Sec.  4369  allows  free  transportation 
to  members  and  employes  of  the  railroad  commission  traveling  on 
official  business.     John  vs.  No.  Pac.  Ry.,  42  Mont.  19. 

No  commissioner  or  secretary  shall  solicit,  request  from  or 
recommend  directly  or  indirectly  to  any  railroad  or  officer, 
attorney  or  agent  thereof,  the  appointment  of  any  person  to  any 
place  or  position.  Railroads  and  their  attorneys  or  agents  shall 
not  offer  any  place,  appointment  or  position  or  other  consider- 
ation to  commissioners  or  their  employes;    neither  shall  any 

97  commissioner,  secretary  or  employe  of  commission  accept, 
receive  or  request  any  pass  from  any  railroad  for  himself  or  for 
any  other  person  except  as  provided  by  law,  or  any  present,  gift 
or  gratuity  from  any  railroad.  A  violation  by  a  member,  sec- 
retary or  employe  of  commission  forfeits  office.  Violation  by 
any  person  constitutes  misdemeanor;  fine  of  not  more  than  $500, 
imprisonment  of  not  more  than  six  months,  or  both.  Same, 
sec.  4394. 

See  also  par.  2147. 

NEW  HAMPSHIRE  Commissioners  may  enter  into  contracts  with 
any  railroad  or  public  utility  for  the  transportation  of  passengers 

98  or  property  or  of  telephone  or  telegraph  messages  or  for  the  pur- 

83 


chase  of  water,  gas,  electricity  or  for  other  similar  services. 
Laws  ipii,  ch.  164,  sec.  2{d). 
See  also  par.  j86. 

NEW  YORK  A  provision  substantially  identical  with  par. 

99  88.    Laws  igio,  ch.  480,  sec.  15. 

To  the  extent  that  facilities  for  inspection  of  common  car- 
riers, railroads  and  street  railroads  involve  transportation  each 
commissioner  and  each  employe  shall  pay  published  one-way 
fare  established  by  the  common  carrier  for  the  transportation 

100  of  persons  by  regular  passenger  trains  over  the  distance  covered 
by  such  inspection.  The  cost  of  such  transportation,  if  com- 
mission so  elects,  may  be  paid  upon  bill  rendered  to  the 
commission  after  the  transportation  has  been  furnished  and  the 
amount  thereof  ascertained.    Samey  sec.  43(2). 

See  also  par.  jgo. 

NORTH  CAROLINA  It  is  unlawful  for  commissioners  directly  or  in- 
directly to  hold  stock  or  bonds,  be  agent,  attorney,  employe  of, 
or  be  interested  in  any  steamboat,  railroad,  canal,  navigation, 
express  or  telephone  utility,  bank  building  and  loan  company  or 

101  association.  If  commissioner  or  official  of  commission  shall  act 
as  distributor  or  legatee  or  in  any  way  become  entitled  to  stock, 
bonds  or  interest  therein,  he  shall  at  once  dispose  thereof;  upon 
failure  to  do  so  he  shall  forfeit  office  and  may  be  suspended  by 
governor.    PeWs  Revisal  igo8,  sec.  1058. 

Commissioners  and  their  clerks  shall  be  transported  free  of 
charge  over  all  railroads  and  other  transportation  lines;    and 

102  when  traveling  on  official  business  they  may  take  with  them 
experts  or  other  agents  whose  service  they  may  deem  tempo- 
rarily of  public  importance.     Same,  sec.  1105. 

See  also  par.  216 j. 

NORTH  DAKOTA      Commissioners,    secretaries     and     employes 
108    may  pass  free  on  railroads  or  other  transportation  utilities  in 
performance  of  duties.    Rev.  Codes  1905,  sec.  368. 

OHIO  Commission  may  pass  free  on  railroads  and 

104  trains  or  any  parts  thereof  in  performance  of  duties.  Code 
igio,  sec.  608. 

OREGON  Commissioners,  secretary,  stenographer,  and 

employes  may  ride  in  and  upon  any  engine,  car,  or  train  of 
railroads  in  performance  of  duties  upon  payment  of  local  passenger 

loi  fare,  but  railroads  shall  not  be  deemed  to  become  common 
carriers  of  passengers  other  than  on  passenger  trains  nor  to  be 
guilty  of  discrimination.    Gen.  Laws  igoy,  ch.  53,  sec.  9. 

SOUTH  CAROLINA  Members,  secretary  and  employes  of  rail- 
road commission  shall  be  transported  free  over  railroads  and 

106    trains  in  performance  of  duties  comcerrdng  railroads.     Gen. 
Stats.  igo2,  sec.  2066. 
See  also  par.  2668. 

84 


I 


SOUTH  DAKOTA  Commissioners,  their  secretary,  counsel  and 
employes  shall  not  ^  have  the  right  of  free  transportation  upon 
and  over  the  lines  of  any  common  carrier  in  this  state,  or  other 

107  agents  whose  services  they  may  require,  who  shall  in  like  man- 
ner be  transported  free  of  charge.  Sess.  Laws  igii,  ch.  20J, 
sec.  33. 

TENNESSEE  Commissioners  shall  be  entitled  to  a  pass  or 

ticket  over  railroads  while  in  discharge  of  duty.     Railroads  shall 

108  furnish  each  commissioner  with  a  pass  or  ticket  when  demanded. 
Acts  iSgy,  ch.  10,  sec.  5. 

Commissioners  shall  not  accept  directly  or  indirectly  any 
gift,  gratuity,  emolimient,  or  employment  from  railroads,  their 
officers,  attorneys  or  employes,  nor  solicit,  request,  nor  recom- 
mend the  appointment  of  persons  to  any  place  or  position.      It 

109  is  unlawful  for  railroads  or  their  officers,  attorneys,  or  employes 
to  give  or  offer  to  give  to  commissioners  any  gift,  gratuity, 
emolument,  employment,  or  place  for  themselves  or  others. 
Violation  by  any  person  or  corporation;  fine  of  $1,000  to  $5,000; 
dismissed  from  office  by  judgment  of  court.    Same. 

VERMONT  Commissioners    and    employes    shall   be  en- 

titled to  free  transportation  upon  railroads  in  performance  of 

110  duties.  They  shall  not  receive  directly  or  indirectly  from  util- 
ities any  commission,  present  or  reward.  Pub.  Stats.  igo6, 
sees.  4593  {as  amended  by  Laws  igo8,  no.  116,  sec.  22),  4605. 

Commissioners  or  clerk  may  enter  into  contracts  with  util- 

111  ities  only  as  common  carriers  or  in  the  regular  course  of  public 
service.  Same,  sec.  4593,  as  amended  by  Laws  1908,  no.  116, 
sec.  22. 

See  also  par.  2214. 

VIRGINIA  Transportation  utilities  shall  transport  free 

commissioners  and  their  officers  engaged  on  official  duties;   on 
order  of  commission  attested  by  clerk  or  signed  by  any  commis- 

112  sioner  they  shall  furnish  free  transportation  to  commissioners  and 
their  officers  when  performing  official  duties  and  the  order  shall 
show  that  it  is  desired  for  official  business.  Const.,  sec.  155. 
Pollard's  Code  1904,  sec.  I3i3{a)49. 

See  also  par.  2252. 

*  The  word  "  not  "  appears  in  the  statute.     It  is  obviously  a  misprint. 


8s 


J.  AUTHORITY  TO  ENGAGE  IN  ANOTHER 
BUSINESS  OR  TO  HOLD  ANOTHER 
POLITICAL  OFFICE. 

UNITED  STATES,  ALABAMA,  ARKANSAS,  COLORADO,  GEOR- 
GIA, ILLINOIS,  INDIANA,  IOWA,  KANSAS,  KENTUCKY, 
MARYLAND,  MASSACHUSETTS,^  MINNESOTA,  MON- 
TANA, NEBRASKA,  NEVADA,2  NEW  HAMPSHIRE,^  NEW 
JERSEY,  OfflO,  OKLAHOMA,  OREGON,^  PENNSYLVANIA, 
RHODE  ISLAND,  TENNESSEE,  TEXAS,  VERMONT,  WASH- 
INGTON, WISCONSIN^ 

No  commissioner,  officer  or  employe  of  com- 
mission shall  engage  in  any  other  business,  employment  or  voca- 
tion or  hold  any  other  political  office.  IJ.  S. — Act  to  Regulate 
Commerce,  sec.  ii;  Ala, — Code  igoy,  sec.  5646;  Ark. — Kirby^s 
Digest  1904,  sec.  6^90,  Col. — Laws  1910,  sp.  sess.,  ch.  5,  sec.  11; 
Ga. — Code  1911,  sec.  2620;  III. — Revisal  1909,  ch.  114,  sec.  168; 
Ind. — Acts  1 90 J,  ch.  241,  sec.  i{b);   la. — Code  189'/,    sec.  21 11 

lis  Kan. — Laws  1911,  ch.  238,  sec.  8;  Ky. — Const.,  sec.  209;  Md. — 
Laws  1910,  ch.  180,  sec.  7;  Mass. — Rev.  Laws  1902,  ch.  121, 
sees.  I  {as  amended  by  Acts  1907,  ch.  316),  2.  Acts  1906,  ch.  ^jj, 
sec.  I.  Acts  1906,  ch.  46 j,  pt.  i,  sec.  i;  Minn. — Rev.  Laws  1905, 
sec.  1955;  Mont. — Rev.  Codes  190'/,  sec.  4363;  Neb. — Cobbey's 
Annot.  Stats.  1909,  sec.  10649;  Nev. — Stats.  190J,  ch.  44,  sec.  i(n), 
as  amended  by  Stats.  1911,  ch.  193;  N.  H. — Laws  1911,  ch.  164, 
sec.  2{d),  N.  J. — Laws  1911,  ch.  195^  sec.  9;  Ohio — Code  1910, 
sec.  489;  Okla. — Const.,  art.  ix,  sec.  16;  Ore. — Gen.  Laws  1907, 
ch.  5J,  sec.  2,  as  amended  by  Gen.  Laws  1911,  ch.  279,  sec.  79; 
Pa. — Laws  1907,  no.  250,  sec.  4;  R.  I. — Acts  191 2,  ch.  795,  sec.  4; 
Tenn. — Acts  1897,  ch.  10,  sec.  4;  Tex. — Sayles^  Civ.  Stats.  189J, 
art.  4^61(2);  Vt. — Pub.  Stats.  1906,  sec.  4S93,  (^s  amended  by 
Laws  1908,  no.  116,  sec.  22;  Wash. — Laws  1911,  ch.  iiy,  sec.  3; 
Wis. — Laws  1907,  ch.  582,  sec.  i'j9J-i{d). 


K.     OFFICE  HOURS  AND  ATTENDANCE  OF 

MEMBERS. 

ARIZONA,  CALIFORNIA 

Office  of  commission  shall  always  be  open, 
legal  holidays  and  non-judicial  days   excepted.     Ariz. — Sess. 
114    Laws,  ch.  90,  sec.  8(a),    Cat. — Stats.  191 1,  ist  ex.  sess.,  ch.  14, 
sec.  8 (a). 

» This  provision  no  longer  applies  to  the  board  of  gas  and  electric  light  commissioners. 

2  These  limitations  and  restrictions  shall  not  apply  to  the  second  swsociate  com- 
missioner, but  no  commissioner  shall  be  a  member  of  any  political  convention,  or  a  mem- 
ber of  any  committee  of  any  political  party.  Stats.  IQ07,  ch.  44,  sec.  /(«).  as  amended  by 
Stats,  igiz,  ch.  193. 

3  Commissioners  may  hold  the  office  of  justice  of  the  peace  or  notary  public.  Laws 
jgxj,  ch.  164,  sec.  4. 

'  *  Each  commissioner  shall  devote  his  entire  time  to  duties  of  his  office. 

86 


CONNECTICUT  Commission   shall   keep   office   open   during 

116    usual  business  hours.    Puh.  Acts  igii,  ch.  128,  sec.  6. 

GEORGIA  Chairman  of  commission  shall  give  his  entire 

116  time  to  duties.    Code  igii,  sec.  2622. 

MARYLAND  Office  shall  be  open  between  8  a.m.  and  9  p.m. 

throughout  year  and  one  or  more  responsible  persons  designated 

117  by  commission  or  by  secretary  under  direction  of  commission 
shall  be  on  duty  at  all  times  in  immediate  charge  thereof.  Laws 
igio,  ch.  180,  sec.  4. 

MASSACHUSETTS     Each  highway  commissioner  shall  devote  his 

118  entire  time  to  the  duties  of  his  office.  Rev.  Laws  igo2,  ch.  47, 
sec.  I. 

MICHIGAN  Commission  shall  arrange  so  far  as  possible 

so  that  at  all  times  during  business  hours  at  least  some  one  mem- 

119  ber  shall  be  in  attendance  at  office  every  business  day  in  year 
Puh.  Acts  igog,  no.  joo,  sec.  2(a). 

Each  commissioner  shall  devote  to  his  duties  all  the  time 

120  necessary  to  insure  prompt  and  complete  performance  of  official 
duties.     Same. 

MINNESOTA  Each  commissioner   shall   devote  his   entire 

121  time  to  the  duties  of  his  office.  Rev.  Laws  igo^,  sec.  igjd,  as 
amended  by  Laws  igii,  ch.  140. 

MISSISSIPPI  Commission  shall  keep  office  open  every  day 

122  from  9  A.M.  to  4  P.M.    Code  igo6,  sec.  4828. 

MONTANA  Office  shall  always  be  open  dtiring  business, 

123  hours,  legal  holidays  and  non-judicial  days  excepted.  Rev. 
Codes  igoy,  sec.  4365. 

NEW  YORK  For  each  commission  identical  with  par.  117 

124  except  that  hours  are  between  8  a.m.  and  11  p.m.  Laws  igio, 
ch.  480,  sec.  10(2). 

NORTH  CAROLINA  Office  shall  be  open  at  all  times  and  each  mem- 
ber shall  remain  in  office  at  least  fifteen  days  in  each  month  un- 

126  less  detained  therefrom  on  official  business.  PeWs  Revisal  igo8, 
sec.  1061. 

OHIO  Each   commissioner   shall   devote   his   entire 

126  time  to  the  duties  of  his  office.    Code  igio,  sec.  48 g. 

RHODE  ISLAND         Office  shall  be  open  each  day  of  year  except 

127  Sundays  and  legal  holidays  and  during  such  hours  as  commis- 
sion may  deem  necessary.    Acts  igi2,  ch.  yg^,  sec.  7. 

87 


VIRGINIA  Commission  shall  keep  office  open  on  every 

128  day  except  Simdays  and  legal  holidays.    Const.,  sec.  755. 

WASHINGTON  Commission  shall  at  all  times  be  open  and  in 

129  session  for  the  transaction  of  business.     Laws   igii,  ch.   iiy, 
sec.  6. 


L.  EQUIPMENT,  FACILITIES  AND  EX- 
PENSES REQUIRED  TO  BE  FUR- 
NISHED COMMISSION.^ 

ALABAMA,  ARKANSAS,  GEORGIA,  MAINE,  MASSACHUSETTS, 
MISSOURI,  MONTANA,  NEW  JERSEY,  NORTH  CARO- 
LINA, NORTH  DAKOTA,  OHIO,  PENNSYLVANIA,  RHODE 
ISLAND,  TENNESSEE 

Statutes  direct  and  limit  the  amount  of  ex- 
penses which  may  be  incurred  for  various  purposes  as  follows: 
Ala. — Code  igoy,  sec.  J640;  Ark. — Kirby's  Digest  1904,  sec. 
ISO  6'/8q;  Ga. — Acts  igoy,  no.  223,  sec.  15;  Me. — Rev.  Stats,  igoj, 
ch.  57,  sec.  48,  as  amended  by  Pub.  Laws  igog,  ch.  141;  Mass. — 
Acts  igo6,  ch.  4jj,  sec.  2.  Acts  igo6,  ch.  46 j,  pt.  i,  sec.  2;  Mo. — 
Rev.  Stats,  igog,  sec.  3262;  Mont. — Rev.  Codes  igoy,  sec.  4370; 
N.  J. — Laws  igii,  ch.  igj,  sec.  12;  N.  C. — PeWs  Revisal  igoS, 
sec.  1118;  N.  D. — Rev.  Codes  igoj,  sec.  ^dy.  Laws  igog,  ch. 
216,  sec.  2;  Ohio — Laws  igii,  no.  325,  sec.  88;  Pa. — Laws  igoy, 
no.  2jo,  sec.  24;  R.  I. — Acts  igi2,  ch.  795,  sec.  4;  Tenn. — Acts 
i8g'j,  ch.  10,  sec.  j,  as  amended  by  Acts  igoj,  ch.  jgo,  sec.  i. 

(a)     Office  expenses  shall  not  exceed:  North  Carolina I3.600 

Alabama $1,000                  Ohio .7S.000 

Arkansas,  first  year 1,000  (In  addition  to  sums  derived  from 

Arkansas,  other  years 500  assessments  upon  utilities.) 

Georgia 3,000                  Pennsylvania $100,000 

Maine S.ooo  (c)     Printing  expenses  shall  not  exceed : 

Massachusetts,  Railroad    Com-  Georgia $  2,000 

mission....                     ....  4.500  ^^^     MisceUaneous: 

Massachusetts.  Highway  Com-  ^^^^     Dakota-personal 

mission 6,000 


Missouri 800 


ex- 
penses of  commissioners 
$400  and  traveling  expenses 


Montana 1,000  $800. 

North  Dakota 500  Tennessee— traveling    expenses 

Rhode  Island 8,000  of  ^^ch  commissioner  not 

(b)  Total  expenses  shall  not  exceed:  exceeding  $500. 

New  Jersey 100,000 

1  The  statutes  require  that  the  commission  shall  be  provided  with  various  facilities 
and  articles  of  equipment  in  detail  and  authorize  specified  expenses  to  be  incurred  by 
commission.  Items  of  equipment,  facilities  and  expenses  are  specified  variously  as  follows: 
(a)  Equipment  and  Facilities — Office,  office  supplies,  office  furniture,  stationery,  incidentals, 
postage,  expressage,  light  and  heat,  telephone  and  telegraph,  additional  office  help,  instru- 
ments, apparatus,  appliances,  books,  maps,  charts,  literature,  statistics;  (b)  Expenses — 
Printing,  litigation,  proceedings,  investigations,  witness  fees,  processes,  inspections,  trans- 
portation of  commissioners,  officers  and  employes. 

88 


M.    PROVISION    OF    FUNDS    FOR 
COMMISSION  1 

ARIZONA  All   fees  collected   shall   be  paid   into  state 

131  treasury  to  credit  of  general  fund.  Sess.  Laws  igi2y  ch.  go, 
sec.  57. 

See  also  par.  24^^. 

CALIFORNIA  All  fees   collected   shall   be   paid  into   state 

132  treasury  to  credit  of  fund  known  as  ''railroad  commission  fund." 
Stats,  igii,  ist  ex.  sess.,  ch.  14,  sec.  ^y. 

See  also  par.  24gj. 

FLORIDA  On  recovery  of  any  fine  or  penalty  expenses  of 

litigation  and  proceedings  may  be  paid  out  of  money  so  recovered 

133  and  the  balance  shall  be  put  to  credit  of  commission  by  state 
treasurer  to  meet  any  of  its  expenses.  Commission  may  suspend, 
reduce  or  remit  any  fine  or  penalty  imposed  on  such  terms  and 
conditions  as  may  be  fixed  by  it.    Gen.  Stats.  igo6,  sec.  2gog. 

INDIANA  All  funds  collected  by  secretary  for  copies, 

134  transcripts  and  other  sources  shall  be  paid  into  state  treasury. 
Acts  igoy,  ch.  241,  sec.  16. 

KENTUCKY  Each  railroad  shall  bear  the  portion  of  travel- 

ing expenses  incurred  by  commissioners  for  transportation  over 

136  its  lines  and  shall  pay  same  to  auditor  to  be  covered  into  treasury 
in  lieu  of  written  or  printed  authority  entitling  commissioners 
to  be  transported.    CarrolVs  Stats,  igog,  sec.  822. 

LOUISIANA  After  deducting  attorney's  fees  and  costs  in 

136  suits,  fines  collected  shall  be  paid  into  state  treasury.  Const., 
art.  288,  as  amended  by  Stats,  igoy,  no.  ij. 


SCHEDULE  OF  FEES. 


ALABAMA 

Copy  of  transcript  of  investigation, 

per  folio I 

Code  IQ07,  sec.  5677. 

ARIZONA,  CALIFORNIA 

Copies  of  papers  and  records  not  re- 
quired to  be  certified  or  otherwise 
authenticated  by  commission,  per 
folio: 

Arizona 

California 

Certified  copies  of  official  documents 
and  orders  filed  in  office  of  commis- 
sion, per  f oHo : 

Arizona 

California 

Every  certificate  under  seal: 

Arizona $2 

California i 


Certifying  a  copy  of  any  report  made 

by  any  corporation  to  commission.  $2.00 

Each  certified  copy  of  annual  report 

of  commission:  •* 

Arizona 3 .  00 

California i .  50 

Certified  copies  of  evidence  and  pro- 
ceedings   before    commission,    per 

folio IS 

Copies  of  papers,  records  or  official 
documents  furnished  to  public  offi- 
cers for  use  in  their  official  capacity 
or  annual  reports  of  commission  in 

ordinary  course  of  distribution free 

Certificate  authorizing  issue  of 
bonds,  notes,  or  other  evidences  of 
indebtedness  per  thousand  dollars 
of  the  face  value  of  authorized  issue 
or  fraction  thereof;  up  to  one  mil- 
lion dollars i  .00 


89 


MAINE  In  all  cases  heard  before  commissioners  ex- 

penses and  costs  attending  same,  including  compensation  of 
commissioners,  shall  be  paid  by  corporation  against  which  com- 
plaint is  made  if  prayer  of  petitioners  is  granted;  if  prayer  is 

137  denied  such  expenses,  costs  and  compensation  shall  be  paid  by 
petitioners.  If  a  party  against  whom  costs  are  so  adjudged 
refuses  or  neglects  to  pay  them  within  thirty  days  after  such  ad- 
judication execution  may  issue  therefor.  Rev.  Stats.  iQoj,  ch. 
SI,  sec.  64.^ 

Every  railroad  shall  pay  to  state  treasurer  in  addition  to  all 
other  taxes  its  proportional  part  of  salary  of  clerks  and  salaries 

138  and  expenses  of  commissioners  to  be  determined  by  state  assessor 
according  to  gross  transportation  receipts  of  such  railroad.  Rev. 
Stats,  igoj,  ch.  8,  sec.  jo.^ 

MARYLAND  City  of  Baltimore  shall  pay  salaries  and  com- 

pensations provided  and  prescribed  to  be  paid  by  it.  Simi  of 
$75,000  annually  or  so  much  thereof  as  may  be  necessary  an- 

139  nually  is  appropriated  for  maintenance  of  commission  and  pay- 
ment of  all  salaries  of  commission  and  for  investigations  and 
hearings  and  all  its  necessary  and  incidental  expenses.  Laws 
igio,  ch.  180,  sees.  2,  5. 

All  fees  charged  and  collected  by  commission  shall  belong  to 

140  state  and  become  part  of  general  funds,  provided,  however,  that 
one-fourth  of  all  such  fees  charged  and  collected  as  aforesaid 
shall  be  paid  to  the  city  of  Baltimore.    Same,  sec.  8. 

See  also  par.  2joo. 

MASSACHUSETTS  All  sums  of  money  annually  appropriated  by 
general  court  for  salaries  and  expenses  of  gas  and  electric  light 

141  commissioners  and  their  clerks  and  employees  shall  be  appor- 
tioned by  commission  among  the  gas  and  electric  light  utilities 

One  million  dollars  to  ten  million  for  similar  services.    Carroll's  Stats. 

dollars so  J909,  sec.  833. 

Over  ten  million  dollars 25 

Minimum  fee:  MARYLAND 

Arizona 35 .  00  Identical  with  California  provision 

California $250 .  00  excepting    fee    for    certified    copies 

""When  such  issue  is  made  for  purpose  of  evidence  and  proceedings  before 

of   guaranteeing,    taking   over,    re-  commission,  which  is  twenty  cents 

funding,  discharging  or  retiring  any  per  folio,  and  omission  of  fees  for 

bond,  note  or  other  evidence  of  in-  bond,  etc.,  certificates.    Laws  1910, 

debtedness  up  to  the  amount  of  the  ch.  180,  sec.  8. 
issue  guaranteed,   taken   over,   re- 

funded,  discharged,  or  retired free       MASSACHUSETTS    Gas  and  Electric 

Ariz.—Sess.  Laws  X912,  ch.  90.  sec.  Commission. 

57;   Cal.-Stats.  1911.  ist  ex.  sess.,  ^o''  examining,  comparing  and  test- 

ch  14  sec   57  ^°S  meters  with  or  without  stjmiping 

them: 

KENTUCKY  Each  meter  delivering  not  more  than 

For  copy  of  any  record  on  file  in  a  cubic  foot  of  gas  in  four  revolutions, 

office  commission.  .  .  same  fees  that  vibrations  or  complete  repetitions  of 

are  charged  by  secretary  of  state  its  action aS 

» Repealed  by  implication. 

2  Repealed  by  Pub.  Laws  1909. 

99 


ua 


143 


144 


and  all  sums  of  money  annually  appropriated  by  general  court 
for  salaries  and  expenses  of  railroad  commissioners  and  their 
clerks  and  employees  shall  be  apportioned  by  commission  among 
railroads  and  street  railways;  such  apportionments  shall  be 
made  according  to  the  gross  earnings  of  the  respective  utilities 
for  the  preceding  year;  and  on  or  before  July  i,  each  of  said 
utilities  shall  be  assessed  its  share  of  said  sums  in  proportion  to 
its  gross  earnings  for  year  last  preceding  year  in  which  assess- 
ment was  made;  such  assessments  shall  be  collected  in  same 
manner  as  taxes  on  corporations.  Acts  igog,  ch.  4go,  pt.  in, 
sec.  g. 

All  sums  of  money  annually  appropriated  for  additional 
salaries  and  expenses  of  highway  commission  shall  be  appor- 
tioned by  tax  commissioner  among  utilities  engaged  in  business 
of  transmission  of  intelligence  by  electricity;  and  on  or  before 
Jiily  I,  in  each  year  he  shall  assess  upon  each  of  said  utilities  its 
share  of  such  simis  in  proportion  to  its  gross  earnings  for  year  last 
preceding  year  in  which  assessment  is  made;  such  assessment  shall 
be  collected  in  same  manner  as  taxes  upon  corporations.  Acts 
igo6,  ch.  433,  sec.  j. 

All  fees  received  by  gas  and  electric  light  commissioners 
shall  be  paid  into  state  treasury.    Acts  igog,  ch.  318,  sec.  i. 

Of  amoiuit  so  assessed  and  collected  for  maintenance  of  gas 
and  electric  commission  and  railroad  commission  any  balance 
remaining  at  close  of  any  year  shall  be  carried  forward  to  next  year 
and  be  taken  into  account  in  making  appropriation  for  that  year. 
Acts  igo6,  ch.  463,  pt.  i,  sec.  4. 

See  also  pars.  2504,  2506,  2$oj. 


Each  meter  so  delivering  more  than 

a  cubic  foot 

In   addition   for    every    additional 

cubic  foot  so  delivered 

For  examining,  comparing,  testing 
or  calibrating  meter  provers  and 
testing  photometer  meters  with  or 
without  sealing  or  certifying  to  same 
commission  may  charge  as  it  deems 
fit.  Acts  IQ02,  ch.  228,  sec.  5,  as 
amended  by  Acts  igog,  ch.  483,  sec.  7. 
MICHIGAN 

Copies  of  papers  and  records  not  re- 
quired to  be  certified  or  otherwise 
authenticated  by   commission,   per 

folio 

Certified  copies  of  official  documents 
and  orders  filed  in  office  of  commis- 
sion, per  folio 

Certifying  a  copy  of  any  report 
made  by  corporation  to  commission 
Each  certified  copy  of  annual  report 
of  commission,  certified  copies  of 
evidence  and  proceedings  before  the 
commission  not  required  by  this  act 
to  be  furnished  gratis,  per  folio. . . . 


.10 


IS 


SO 


15 


Copies  of  papers,  records  or  official 
documents  furnished  to  public 
officers  in  their  official  capacity  or 
annual    reports    of    commission    in 

ordinary  course  of  distribution free 

Ptib.  Acts  igog,  no.  300,  sec.  21. 

nebrase:a 

For  furnishing  transcripts  secretary 
of  commission.  .  ,  .such  amounts  as 
are  allowed  by  law  on  appeal  from 
district  court  to  supreme  court .  Cob- 
bey's  Annot.  Stats.,  sec  10650. 

NEW  JERSEY 

Certified  copies  of  records,  per  folio .        .10 
Laws  igii,  ch.  igs,  sec.  30. 

NEW  MEXICO 

Copies  of  the  testimony  or  the  com- 
plete record  for  each  100  words  or 

fraction  thereof 10 

Copies  of  any  report,  findings,  de- 
cision or  order  of  commission  upon 
application  to  clerk  by  any  party  to 

a  proceeding free 

Laws  igi2,  ch.  78,  sec.  10. 


91 


MICHIGAN  All  fees  charged  and  collected  by  commission 

shall  belong  to  the  people  and  shall  be  paid  into  treasury  to 

145  credit  of  general  fund.    Pub.  Acts  igoQ,  no.  joo,  sec.  21. 

See  also  par.  32 gg. 

MINNESOTA  There  is  annually  appropriated  for  use  and 

purposes  of  commission  $30,000  or  as  much  thereof  as  may  be 

146  necessary.    Rev.  Laws  iQOj,  sec.  igjy,  as  amended  hy  Laws  igii, 
ch.  140. 

NEBRASELA  Secretary  shall  turn  fees  into  general  fund 

147  provided  for  expenses  of  commission.     C abbey's  Annot.  Stats, 
igog,  sec.  10650. 

NEW  JERSEY  Fees  collected  shall  be  paid  into  state  treas- 

148  ury.    Laws  igii,  ch.  ig^,  sec.  30. 
See  also  par.  2514. 

NEW  MEXICO  All  fees  required  by  law  to  be  paid  for  filing  of 

articles  of  incorporation,  reports  and  other  documents  shall  be 

149  collected  by  commission  and  paid  into  treasury.    Const.,  art.  xi, 
sec.  6. 

All  monies  received  for  copies  of  papers  and  testimony 

160    shall  be  turned  over  to  the  state  treasurer  and  credited  to  the 

commission  contingent  expense  fund.    Laws  igi2,  ch.  yS,  sec.  10. 

NEW  YORK  Salaries  and  expenses  of  commission  of  first 

district  other  than  salaries  and  expenses  of  commissioners, 
counsel  and  secretary  shall  be  audited  and  paid  as  follows: 
Laws  igiOy  ch.  480,  sec.  14(1). 

The  board  of  estimate  and  apportionment  of  city  of  New 
York  or  other  board  or  public  body  authorized  to  make  appro- 
priations of  public  moneys  for  purposes  of  city  government  shall 
appropriate  on  requisition  duly  made  by  commission  such  simi  of 


161 


168 


NEW  YORK 

Identical  with  California  provision 
excepting  omission  of  fees  for  bond, 
etc.,  certificates  and  inclusion  of 
following  paragraph: 
For  publications  issued  under  au- 
thority of  commission,  commission 
may  fix  reasonable  charges.  Laws 
XQio,  ch.  480,  sec.  18. 
OHIO 

Commission  shall  charge  and  collect 
for  furnishing  copy  of  any  paper, 
record,  testimony  or  writing  the 
same  fees  now  charged  by  secretary 
of  state.  Upon  application  of  any 
person  and  payment  of  fee  therefor 
commission  shall  furnish  certified 
copies  of  any  order  made  by  it. 
Laws  loti,  no.  325.  sec.  80. 


PENNSYLVANIA 

Copies  of  papers  and  records  not  re- 
quired to  be  certified  or  otherwise 
authenticated  by  commission,  per 

folio  of  lOO  words 10 

Certified  copies  of  official  documents 
filed  in  oflRce  of  commission,   per 

folio IS 

Every  certificate  tmder  seal i .  00 

Certified  copies  of  a  qtiarterly  re- 
port made  by  a  railroad  to  commis- 
sion   so 

Each  certified  copy  of  evidence  and 
proceedings  before  commission,  per 

folio IS 

Copies  of  papers,  records  or  official 
documents  furnished  to  public  offi- 
cers for  use  in  their  official  capacities 
or  annual  reports  of  commission  in 

ordinary  course  of  distribution free 

Laws  1907,  no.  250,  sec.  20. 


92 


I 


money  as  may  be  requisite  to  enable  it  to  perform  its  duties  and 
to  provide  for  its  expenses  and  compensation  of  employes.  Same, 
If  the  board  of  estimate  and  apportionment  or  such  other 
public  body  fail  to  appropriate  such  necessary  amovmt  com- 
mission may  apply  on  notice  to  such  board  or  body,  to  appellate 
division  of  supreme  court  in  the  first  department  to  determine 
what  amount  shall  be  appropriated  and  the  decision  of  appellate 

153  division  shall  be  final  and  conclusive.  City  shall  not  be  liable 
for  any  indebtedness  incurred  by  commission  in  excess  of  such 
appropriation  or  appropriations.  The  auditor  and  comptroller 
of  city  shall  audit  and  pay  proper  expenses  and  compensations  of 
employes  of  commission  other  than  its  counsel  and  secretary. 
For  purpose  of  providing  such  sums  comptroller  or  other  chief 
financial  officer  of  city  is  authorized  and  directed  to  issue  and 
sell  revenue  bonds  of  the  city  in  anticipation  of  receipt  of  taxes, 
and  out  of  proceeds  of  such  bonds  to  make  the  payments  re- 
quired.    Same. 

All  fees  collected  by  commission  of  first  district  shall  belong 

184  to  city  and  shall  be  paid  into  city  treasury  to  credit  of  general 
fimd.    Same,  sec.  i8. 

All  fees  charged  by  commission  of  second  district  shall  be- 

165  long  to  people  of  state  and  shall  be  paid  into  state  treasury  to 
credit  of  general  fund.    Same. 

See  also  pars.  2  jig,  2j20. 

NORTH  CAROLINA  All  license  fees,  all  moneys  received  from  fines, 
penalties  and  seal  tax  and  all  other  fees  paid  into  office  of  com- 

166  mission  shall  be  paid  into  state  treasury.  FeWs  Revisal  igo8, 
sec.  1114. 

NORTH  DAKOTA      The  sum  of  $10,000  is  appropriated  annually 

167  to  pay  necessary  traveling  and  other  expenses  of  commission. 
Laws  igii,  ch.  240,  sec.  5. 

All  moneys  which  shall  come  into  state  treasury  on  account 

168  of  licenses  of  public  grain  warehouses  shall  be  credited  to  general 
fund  of  state  out  of  which  expenses  of  commissioners  and  salaries 
and  expenses  of  agents  and  employes  shall  be  paid.    Same. 

Whenever  a  decree  shall  be  entered  against  any  railroad, 
carrier  or  person,  court  shall  render  a  judgment  for  costs  in- 


RHODE  ISLAND  TENNESSEE 

For  authenticated  or  certified  cop-  Identical  with  Kentucky  provision. 

ies   of   official   documents,    orders,  Acts  iSgy,  ch.  lo,  sec.  6. 

papers  and  records  commission  shall 

charge  reasonable  fees.     A.cts  191 2,  WASHINGTON 

ch.  795,  sec.  9.  For    copies    of    any    classification. 

Copies  of  official  documents,  orders,  rates,  rule,  regulation  or  order  not 

papers  and  records  furnished  to  pub-  contained    in    printed    reports,    or 

lie  officers  for  use  in  their  official  -                     copies  of  papers,  accounts  or  records 

capacity  or  annual  reports  of  com-  of  public  utilities  filed  with  commis- 

mission  in  ordinary  course  of  distri-  sion  for  proper  use  commission  shall 

bution free                charge  a  reasonable  compensation. 

Same.  Laws  1911,  ch.  117,  sec.  103. 

93 


159  eluding  a  reasonable  attorney's  fee  for  counsel  representing 
state,  and  judgment  shall  be  enforced  by  execution.  Rev.  Codes 
igoj,  sec.  4348. 

OHIO  For  purpose  of  maintaining  department  of 

public  service  commission  of  Ohio  and  the  exercise  of  police 
supervision  of  railroads  and  public  utilities  by  it,  a  siun  not 

160  exceeding  $75,000  each  year  shall  be  apportioned  among  and 
assessed  upon  railroads  and  public  utilities  by  commission  in 
proportion  to  their  intrastate  gross  earnings  or  receipts  for  year 
next  preceding  that  in  which  assessments  are  made.  Laws  iqii, 
no.  525,  sec.  I. 

On  or  before  August  i,  next  following,  commission  shall 
certify  to  state  auditor  amount  of  such  assessment,  apportioned 

161  by  it  to  each  railroad  and  public  utility,  and  he  shall  certify 
such  amount  to  treasurer,  who  shall  collect  and  pay  same  into 
treasury  to  credit  of  a  special  fund  for  maintenance  of  commission. 
Same. 

Railroads  or  telegraph  companies  violating  provisions  re- 
lating to  assessments  for  maintenance  of  commission  shall  for- 

162  feit  and  pay  to  state  $1,000,  and  $25  for  each  day  such  companies 
fail  to  comply  with  requirements;  forfeiture  does  not  release 
companies  from  assessment.    Code  igio,  sec.  doy. 

See  also  pars.  1008,  2^22,  2goj,  2go8. 

OREGON  See  pars.  i02g,  2524,  2526. 

PENNSYLVANIA         All  fees  charged  and  collected  by  commission 

163  shall  be  paid  as  received  to  treasurer  for  use  of  state.  Laws 
igoy,  no.  2jo,  sec.  20. 

RHODE  ISLAND        $11,000  is  annually  appropriated  for  salaries 

164  of  commissioners.    Acts  igi2,  ch.  ygj,  sec.  4. 

All  fees  charged  and  collected  by  commission  shall  belong  to 
166    state  and  shall  be  paid  into  treasury  and  shall  become  part  of 
general  funds.    Same,  sec.  g. 
See' also  par.  2j2g. 

SOUTH  CAROLINA  All  salaries  and  expenses  of  members,  sec- 
retary and  employees  of  railroad  commission  shall  be  borne  by 
railroad,  telegraph,  telephone  and  express  utilities  according  to 
their  gross  income,  proportioned  to  number  of  miles  to  be  ap- 
portioned by  comptroller-general,  who  on  or  before  October  i 
shall  assess  annually  upon  each  utility  its  just  proportion  of 

166  expenses  in  proportion  to  its  gross  income  for  current  year  ending 
June  30  preceding  that  on  which  assessment  is  made;  and  as- 
sessment shall  be  charged  up  against  utilities,  respectively, 
under  order  and  direction  of  comptroller-general  and  shall  be 
collected  and  paid  into  state  treasury  by  county  treasurers  in 
like  manner  as  other  taxes  are  collected  and  paid  by  them. 
Gen.  Stats.  IQ02,  sec.  2066. 

94 


I 


Provided  that  comptroller  shall  be  empowered  and  in- 
structed to  assess  and  collect  from  express  and  telegraph  utilities, 
and  that  said  utilities  be  required  to  pay,  simi  of  $500  to  be 

167  apportioned  between  them  according  to  their  gross  earnings 
and  to  pay  same  over  to  railroad  commissioners  as  a  contingent 
fund  to  be  used  by  commissioners  for  purpose  of  organizing 
their  new  departments  and  informing  themselves  upon  matters 
pertaining  thereto.    Same,  sec.  2221. 

Salaries  and  necessary  expenses  of  public  service  commis- 
sioners shall  be  paid  by  firm,  person  or  utility  against  whom 

168  complaint  is  made  if  rates  charged  are  found  to  be  unjust  or 
excessive,  but  if  otherwise  such  expenses  shall  be  paid  by  author- 
ities of  city  wherein  complaint  is  made.  Laws  igio,  no.  286, 
sec.  4. 

TENNESSEE  Commission  shall  cover  into  state  treasury 

169  all  fees  received  for  copies  of  records.     Acts  i8gy,  ch.  10,  sec.  6. 

WASHINGTON  See  par.  2535. 

WISCONSIN  See  pars.  1050,  1052,  2537,  3281. 

N.     SECRETARY    OR    CLERK    OF    COMMIS- 
SION. 

I.     Manner  of  Appointment,  Term,  Qualifications,  Bond,  Oath,  Salary. 

Manner  of  appointment,  term  of  office,  qualifications,  bond 
and  oath  required  and  amount  of  salary  of  secretary  or  clerk 
are  as  follows : 

UNITED  STATES,  ALABAMA,  ARIZONA,  ARKANSAS,  CALIFORNIA,  CONNEC- 
TICUT, FLORIDA,  GEORGIA,  ILLINOIS,  INDIANA,  IOWA,  KANSAS,  KENTUCKY, 
LOUISIANA,  MARYLAND,  MASSACHUSETTS  (Highway  Commission),  MICHIGAN, 
MINNESOTA,  MISSOURI,  MONTANA,  NEBRASKA,  NEVADA,  NEW  JERSEY, 
NEW  MEXICO,  NORTH  CAROLINA,  NORTH  DAKOTA,  OHIO,  OKLAHOMA,  ORE- 
GON, PENNSYLVANLA,  RHODE  ISLAND,  SOUTH  DAKOTA,  TENNESSEE,  TEXAS, 
VERMONT,  WASHINGTON  and  WISCONSIN— secretary-  or  clerk  shall  be  appointed  or 
employed  by  commission.  U.  S. — Act  to  Regulate  Commerce,  sec.  i8;  Ala. — Code  1907, 
sec.  5640;  Ariz. — Sess.  Laws  1912,  ch.  90,  sec.  5;  Ark. —  Kirby's  Digest  1904,  sec. 
6793;  Cat — Stats.  1911.  ist  ex.  sess.,  ch.  14,  sec.  5;  Conn. — Pub.  Acts  1911,  ch.  128, 
sec.  7;  Fla. — Gen.  Stats.  1906,  sec.  2887;  Ga. — Code  1911,  sec.  2627;  111. — Revisal  1909, 
ch.  114,  sec.  170;  Ind. — Acts  1907,  ch.  241,  sec.  2(a);  la. — Code  1897,  sec.  2111;  Kan. — 
Gen.  Stats.  1909,  sec.  7183;  Ky. — CarrolVs  Stats.  1909,  sec.  822;  La. — Const.,  art.  283; 
Md. — Laws  1910,  ch.  180,  sec.  2;  Mass. — Rev.  Laws  1902,  ch.  47,  sec.  i;  Mich. — Pub. 
Acts  1909,  no.  300,  sec.  2(g);  Minn. — Rev.  Laws  1905,  sec.  i937,  as  amended  by  Laws  1911, 
ch.  140;  Mo. — Rev.  Stats.  1909,  sec.  3262;  Mont. — Rev.  Codes  1907,  sec.  43^7!  Neb. — 
Cobbey's  Annol.  Stats.  1909,  sec.  10650;  Nev. — Stats.  1907,  ch.  44,  sec.  i(Jt),  as  amended  by 

170  Stats.  1911,  ch.  193;  N.  J. — Laws  1911,  ch.  195,  sec.  5;  N.  M. — Const.,  art.  xi.  sec.  4; 
N.  C. — Pell's  Revisal  1908,  sec.  2754;  N.  D. — Rev.  Codes  1905,  sec.  364;  Ohio — Laws 
191 1,  no.  325,  sec.  85;  Okla. — Const.,  art.  tx,  sec.  18(a);  Ore. — Geti.  Laws  1907.  ch.  53,  sec. 
5;  Pa. — Laws  1907,  no.  250,  sec.  2;  R.  I. — Acts  1912,  ch.  795,  sec.  11;  S.  D. — Rev.  Pol. 
Code  1903,  sec.  190;  Tenn. — Acts  1897,  ch.  10,  sec.  2;  Tex. — Sayles'  Civ.  Stats.  1897.  art. 
4561(5)',  Vt. — Pub.  Stats.  1906,  sec.  4594;  Wash. — Laws  191 1.  ch.  117,  sec.  4;  Wis. — 
Laws  1907,  ch.  582,  sec.  i797-i(h);  COLORADO — a  member  of  commission  shall  be  sec- 
retary. Laws  1 910,  sp.  sess.,  ch.  5,  sec.  11;  MAINE — clerk  shall  be  appointed  by  governor 
on  recommendation  of  commission.  Rev.  Stats.  1903,  ch.  51,  sec.  48,  as  amended  by  Pub. 
Laws  1009,  ch.  141;  MASSACHUSETTS  (Gas  and  Electric  Commission) — clerk  shall  be 
appointed  by  governor  with  advice  and  consent  of  council.     Rev.  Laws  1902,  ch.  izi,  sec. 

95 


2;  MASSACHUSETTS  (Railroad  Commission) — clerk  shall  be  appointed  by  governor. 
Acts  1906,  ch.  463,  pt.  i,  sec.  i;  MISSISSIPPI — secretary  shall  be  appointed  by  commis- 
sion by  and  with  consent  of  senate  for  same  term  as  commissioners.  Code  1906,  sec.  4828; 
NORTH  CAROLINA — clerk  shall  be  appointed  for  two  years.  PelVs  Revisal  1908,  sec. 
1063;  PENNSYLVANIA — secretary  shall  be  appointed  by  commission  subject  to  approval 
of*  governor.     Laws  1907,  no.  250,  sec.  2. 

Vy^k,  MICHIGAN  and  MONTANA — secretary  shall  possess  same  qualifications  as 
are  required  of  commissioners,  la. — Code  1897,  sec.  2111;  Mich. — Pub.  Acts  1909,  no. 
300,  sec.  2(h);  Mont.— Rev.  Codes  1907,  sec.  4367;  MINNESOTA — secretary  shall  not  be 
amember  of  commission.  Rev.  Laws  1905,  sec.  1957,  as  amended  by  Laws  1911,  ch.  140; 
MISSISSIPPI— secretary  shall  have  same  qualifications  as  commissioners  and  shall  be 
subject  to  same  disqualifications  and  to  like  penalties  but  shall  not  be  liable  to  impeach- 
ment.    Code  1906,  sec.  4828;    KANSAS,   MARYLAND,   NEBRASKA,  NEVADA,  OHIO, 

171  OREGON,  RHODE  ISLAND  and  WISCONSIN — any  person  ineligible  to  office  of  com- 
missioner shall  be  ineligible  to  office  of  secretary.  Kan. — Laws  1911,  ch.  238,  sec.  8;  Md. — 
Laws  1910,  ch.  180,  sec.  7;  Neb. — Cobbey's  Annot.  Stats.  1909,  sec.  10650;  Nev. — Stats. 
J907,  ch.  44,  sec.  i(i),  as  amended  by  Stats.  191 1,  ch.  193;  Ohio — Code  1910,  sec.  495;  Ore. — 
Gen.  Laws  1907,  ch.  53,  sec.  6;  R.  I. — Acts  1912,  ch.  795,  sec.  4;  Wis. — Laws  1905,  ch.  362, 
sec.  1 797-1  (i);  NEVADA — secretary  shall  be  an  expert  rate  man.  Stats.  1907,  ch.  44,  sec.  i 
(A),  as  amended  by  Slats.  1911,  ch.  193;  NORTH  CAROLINA — clerk  shall  be  an  expert 
accountant  experienced  in  railroad  statistics  and  transportation  rates.  PelVs  Revisal  1908, 
sec.  1063. 

ARIZONA,  CALIFORNIA— secretary  shall  take  usual  oath  of  office.  Ariz.—Sess. 
Laws  1912,  ch.  90,  sec.  7;  Cat. — Stats.  1911,  ist  ex.  sess.,  ch.  14,  sec.  7;  CONNECTICUT — 
secretary  shall  give  bond  in  sum  determined  by  commission.  Pub.  Acts  1911,  ch.  128, 
sec.  7;  INDIANA — secretary  shall  furnish  bond  of  $5. 000  and  shall  take  usual  oath  of 
office.  Acts  1907,  ch.  241.  sec.  2(a);  IOWA,  KANSAS,  MARYLAND,  MICHIGAN, 
NEBRASKA,  NEVADA,  NORTH  CAROLINA,  OHIO,  OREGON,  PENNSYLVANIA  and 
WISCONSIN — secretary  or  clerk  shall  take  same  oath  as  required  of  commissioners.  la. — 
Code  1897,  sec.  2111;  Kan. — Laws  191 1,  ch.  238,  sec.  8;  Md. — Laws  1910,  ch.  180,  sec.  2; 
Mich. — Pub.  Acts  1909,  no.  300,  sec.  2(h);  Neb. — Cobbey's  Annot.  Stats.  1909,  sec.  10650; 
Nev. — Stats.  1907,  ch.  44,  sec.  i{i),  as  amended  by  Stats.  1911,  ch.  193;    N.  C. — Pell's  Revisal 

1908,  sec.  1063;    Ohio — Code  1910,  sec.  495;    Ore. — Gen.  Laws  1907,  ch.  53,  sec.  6;    Pa. — 

172  Laws  1907,  no.  250,  sec.  4;  Wis. — Laws  1905,  ch.  362,  sec.  i797-i(J);  MASSACHUSETTS 
(Gas  and  Electric  Commission) — clerk  shall  be  sworn  before  entering  upon  duty.  Rev. 
Laws  1902,  ch.  121,  sec.  2;  MINNESOTA — secretary  shall  furnish  bond  of  $10,000  and 
take  same  oath  as  required  of  commissioners.  Rev.  Laws  1905,  sec.  1957,  as  amended  by 
Laws  1911,  ch.  140;  MISSISSIPPI — secretary  shall  take  required  oath.  Code  1906,  sec. 
4828;  MONTANA — secretary  shall  furnish  bond  of  $25,000.  Rev.  Codes  1907,  sec.  4364; 
RHODE  ISLAND — secretary  shall  be  sworn  to  faithful  performance  of  his  duties  and  may 
be  removed  for  violating  any  provisions  of  law.  Acts  1912,  ch.  795,  sees.  5,  11;  VER- 
MONT— clerk  shall  furnish  bond  of  $1,000  and  shall  be  sworn  to  faithful  performance  of 
his  duties.  Pub.  Slats.  1906.  sees.  4594,  4595;  WASHINGTON — secretary  shall  take  oath 
faithfully  and  impartially  to  discharge  duties  of  his  office.     Laws  1911,  ch.  117,  sec.  6. 

Salaries:  UNITED  STATES — $5,000.  Act  to  Regulate  Commerce,  sec.  18;  ALABAMA — 
not  exceeding  $2,400.  Code  1907,  sec.  5640;  ARIZONA — as  fixed  by  law.  Sess.  Laws 
1912,  ch.  90,  sec.  10;  ARKANSAS — not  exceeding  $1,500.  Kirby's  Digest  1904,  sec.  6793; 
CALIFORNIA — as  fixed  by  law.  Stats.  191 1,  ist  ex.  sess.,  ch.  14,  sec.  10(a);  FLORIDA — 
not  exceeding  $1,500.  Gen.  Stats.  1906,  sec.  2887,  as  amended  1907;  GEORGIA — $2,000. 
Code  1911,  sec.  2627;  ILLINOIS — $3,500.  Revisal  1909,  ch.  114,  sec.  170;  INDIANA — 
not  more  than  $2,500.  Acts  1907,  ch.  241,  sec.  2(a);  IOWA — $1,500.  Code  1897,  sec.  21 21; 
178      KANSAS— $1,800.     Gen.   Stats.   1909,  sec.   7185;    KENTUCKY— $1,200.     Carroll's 'Stats. 

1909,  sec.  822;  LOUISIANA — $1,500.  Const.,  art.  283;  MAINE — $1,500.  Rev.  Stats. 
1903,  ch.  116,  sec.  i;  MARYLAND — $j,ooo.  Laws  1910,  ch.  180,  sec.  2;  MASSACHU- 
SETTS—  1  (Railroad  Commission) — $3,000.  Acts  1906.  ch.  417,  sec.  2;  MICHIGAN— 
$2,000.  Pub.  Ads  1909.  no.  300,  sec.  2(g);  MISSISSIPPI— $1,800.  Laws  1908,  ch.  48, 
sec.  i;  MISSOURI— $2,000.  Rev.  Stats.  1909.  sec.  3262;  MONTANA — $3,000.  Rev. 
Codes  1907.  sec.  4368;  NEBRASELA — $2,500;  provided  that  commission  may  pay  in  the 
aggregate  to  be  apportioned  as  commission  determines  not  more  than  $6,000  to  its  secre- 
tary and  two  clerks.  Cobbey's  Annot.  Stats.  1909.  sec.  10650;  NEVADA — not  more  than 
$2,400.  Stats.  1907,  ch.  44,  sec.  i(h),  as  amended  by  Stats.  191 1,  ch.  193;  NEW  YORK — 
$6,000.      Laws  1910,  ch.  480,  sec.  13;  NORTH  CAROLINA — $2,400  plus  extra  allowance 

t  Clerk  of  gas  commission  and  clerk  of  highway  commission,  salaries  not  stated. 

96 


not  exceeding  $300.  PelVs  Revisal  1908,  sec.  2754;  NORTH  DAKOTA— 1 2, 000.  Laws 
1909,  ch.  195,  sec.  i;  OHIO— not  more  than  $2,500.  Code  1910.  sec.  494;  OKLAHOMA— 
|2,ooo.  Sess.  Laws  1908,  ch.  18,  art.  i,  sec.  2;  OREGON — not  more  than  $2,000.  Gen. 
Laws  1907,  ch.  53,  sec.  5;  PENNSYLVANIA— $4,000.  Laws  1907,  no.  250,  sec.  23;  RHODE 
ISLAND— $3,000.  Acts  1912,  ch.  795,  sec.  u;  SOUTH  DAKOTA— not  more  than  $1,500. 
Rev.  Pol.  Code  1903,  sec.  195,  as  amended  by  Sess.  Laws  1907,  ch.  208;  TENNESSEE — 
$1,500  plus  $500  in  lieu  of  traveling  expenses.  Acts  1897,  ch.  10,  sec.  3,  as  amended  by  Acts 
1907,  ch.  390,  sec.  i;  TEXAS — not  more  than  $2,000.  Sayles'  Civ.  Stats.  1897,  art.  4361(3); 
VERMONT — ^salary  fixed  by  commission  with  approval  of  governor.  Pub.  Slats.  1906. 
sec.  6172,  as  amended  by  Laws  1908,  no.  116,  sec.  21;  WASHINGTON — $2,000.  Laws  1911, 
ch.  117,  sec.  4;   WISCONSIN — not  more  than  $2,500.     Laws  1907,  ch.  382,  sec.  1797-iih). 

2.  General  Duties  and  Powers. 

ARKANSAS,  ARIZONA,  CALIFORNIA,  ILLINOIS,  INDIANA, 
MAINE,  MARYLAND,  MASSACHUSETTS,*  MICHIGAN, 
MONTANA,  NEBRASKA,  NEVADA,  NEW  JERSEY,  NEW 
MEXICO,  NEW  YORK,  OHIO,  OREGON,  PENNSYLVANIA, 
RHODE  ISLAND,  TENNESSEE,  TEXAS,  VERMONT,  WASH- 
INGTON, WISCONSIN 

Secretary  or  clerk  shall  keep  full  and  correct 
record  of  all  transactions  and  proceedings  of  commission  and  shall 
perform  such  other  duties  as  may  be  required.  Ariz. — Sess. 
Laws  1Q12,  ch.  go,  sec.  5;  Ark.- — Kirby's  Digest  1Q04,  sec.  6/gj; 
Cat. — Stats.  1 911,  ist  ex.  sess.,  ch.  14,  sec.  5;  ///. — Revisal  igog, 

174  ch.  114,  sec.  I'/o;  Ind. — Acts  igoy,  ch.  241,  sec.  2(a);  Me. — 
Rev.  Stats,  igoj,  ch.  57,  sec.  48,  as  amended  by  Pub.  Laws  igog^ 
ch.  141;  Md. — Laws  igio,  ch.  180,  sec.  2;  Mass. — Rev.  Laws 
igo2,  ch.  121,  sec.  2.  Acts  igo6,  ch.  463,  pt.  i,  sec,  i;  Mich. — 
Pub.  Acts  igog,  no.  $00,  sec.  2(h);  Mont. — Rev.  Codes  igoy, 
sec.  4371;  Neb. — Cobbey's  Annot.  Stats,  igog,  sec.  10760;  Nev.— 
Stats,  igoy,  ch.  44,  sec.  i{i),  as  amended  by  Stats,  igii,  ch.  igj; 
N.  J. — Laws  igii,  ch.  igj,  sec.  6;  N.  M. — Const.,  art.  xi,  sec.  4; 
N.  Y: — Laws  igio,  ch.  480,  sec.  7;  Ohio — Code  igio,  sec.  4g^; 
Ore. — Gen.  Laws  igo7,  ch.  53,  sec.  6;  Pa. — Laws  igo7,  no.  2 jo, 
sec.  2;  R.  I. — Acts  igi2,  ch.  7gs,  sec.  11;  Tenn. — Acts  i8g7, 
ch.  10,  sec.  6;  Tex. — Sayles'  Civ.  Stats,  i8g7,  art.  4j6i(j);  Vt. — 
Pub.  Stats.  igo6,  sec.  45g5;  Wash. — Laws  igii,  ch.  117,  sec.  4; 
Wis. — Laws  igoj,  ch.  362,  sec.  i7g7-i{i). 

Clerk  of  railroad  commission  keeps  his  records  subject  to  the  con- 
trol of  the  commission  in  so  far  as  is  essential  in  the  proper  adminis- 
tration of  justice  in  the  proceedings  before  them.  Inhabitants  of 
Newton  vs.  Board  of  Railroad  Commissioners,  205  Mass.  94. 

J.     Special  Duties  and  Powers. 
Special  duties  and  powers  of  secretary  or  clerk  follow : 

ARIZONA — secretary  shall  also  have  all  the  powers  conferred  by  law  upon  peace 
officers  to  carry  weapons,  make  arrests  and  serve  warrants  and  other  process  in  any  county, 
176  city  or  town  of  this  state.  Sess.  Laws  1912,  ch.  90,  sec.  5;  ARKANSAS — secretary  shall 
administer  all  oaths  and  certify  to  all  official  acts  done  by  commission.  Kirby's  Digest 
1904,  sec.  6796;  CALIFORNIA — secretary  shall  issue  all  necessary  processes,  warrants, 
writs  and  notices.  Stats.  1911,  ist  ex.  sess.,  ch.  14,  sec.  3;  INDIANA — secretary  shall  be 
the  fiscal  and  disbursing  agent  of  commission.  Acts  1907,  ch.  241,  sec.  2{a);  KANSAS — 
secretary  shall  also  be  the  rate  clerk.  Gen.  Slats.  1909,  sec.  7i73;  MARYLAND,  NEW 
*  Gas  and  Electric  Commission  and  Railroad  Commission. 

97 


YORK  and  PENNSYLVANIA— secretary  shall  keep  full  and  correct  records  of  all  books, 
maps  and  documents  ordered  filed  and  shall  be  responsible  to  commission  for  safe  custody 
of  same  at  office  of  commission,  under  direction  of  commission  shall  have  general  charge 
of  office  and  superintend  the  clerical  business,  shall  have  power  to  administer  oaths  in  all 
parts  of  state  so  far  as  the  exercise  of  such  power  is  properly  incidental  to  the  performance 
of  his  duties  or  of  commission,  and  shall  designate  from  time  to  time  one  of  the  clerks 
appointed  by  commission  to  perform  his  duties  during  his  absence,  and  during  such  time 
the  clerk  so  designated  shall  at  the  office  possess  the  powers  of  secretary  of  commission. 
Md. — Laws  iQio,  ch  i8o,  sec.  2;  N.  Y. — Laws  1910,  ch.  480,  sec.  7;  Pa. — Laws  1907, 
no.  230,  sec.  2:  MICHIGAN — secretary  shall  devote  his  entire  time  to  his  office.  Puh. 
Acts  1909,  no.  300,  sec.  2(h);  MINNESOTA— secretary  shall  also  act  as  registrar.  Rev. 
Laws  1905,  sec.  1957,  os  amended  by  Laws  1911,  ch.  140;  MONTANA— secretary  shall  be 
custodian  of  records  and  shall  file  and  preserve  at  office  of  commission  all  books,  maps 
and  documents  entrusted  to  his  care  and  be  responsible  to  commission  for  same.  Rev. 
Codes  1907,  sec.  437 1;  NEVADA — secretary  of  railroad  commission  shall  act  as  secretary 
of  public  service  commission.  Stats.  1911,  ch.  162,  sec.  2;  NEW  JERSEY — secretary  shall 
be  official  reporter  of  proceedings  of  commission.  Laws  191 1,  ch.  195,  sec.  6;  NORTH 
DAKOTA — secretary  shall  devote  his  entire  time  to  work  of  commission.  Laws  1909,  ch. 
195,  sec.  i;  PENNSYLVANIA — secretary  shall  be  chief  executive  officer.  Laws  1907,  no. 
250,  sec.  2;  RHODE  ISLAND — secretary  shall  be  responsible  to  commission  for  safe 
custody  and  preservation  of  all  documents  and  seal  which  he  shall  affix  to  all  documents 
and  orders  as  required,  shall  have  general  charge  of  office  and  superintend  business  and 
shall  have  power  to  administer  oaths  at  any  hearing  or  investigation  conducted  by  com- 
mission. Acts  1912,  ch.  795,  sec.  11;  VERMONT — clerk  shall  have  custody  of  seal  of 
commission,  general  charge  of  office,  shall  file  and  preserve  in  office  all  documents  entrusted 
to  his  care,  prepare  such  papers  and  notices  as  may  be  required,  shall  have  all  powers  and 
discharge  all  duties  incident  to  a  clerk  of  court  of  record,  shall  have  power  under  direction 
of  commission  to  issue  subpoenas  for  witnesses  and  to  administer  oaths  in  all  cases  before 
commission  or  pertaining  to  his  duties,  shall  pay  the  debentures  of  witnesses  in  all  cases 
before  commission  in  behalf  of  or  for  the  convenience  or  safety  of  public  in  the  investiga- 
tion of  accidents  and  shall  have  office  in  state  house.     Puh.  Stats.  1906,  sec.  4595. 

O.     ATTORNEY     OF     COMMISSION. 

I.     Manner  of  Appointment,  Term,  Qualifications,  Oath,  Manner  of 
Removal  and  of  Filling  Vacancy,  Salary. 

Manner  of  appointment,  term  of  office,  quali- 
fications, oath  required,  manner  of  removal  and  of  filling  vacancy, 
and  salary  of  attorney  or  counsel  of  commission  are  as  follows : 

UNITED  STATES,  CALIFORNIA,  FLORIDA,  KANSAS,  LOXHSIANA,  MINNESOTA, 
NEW  HAMPSHIRE,  NEW  JERSEY,  NEW  YORK,  NORTH  CAROLINA,  NORTH  DA- 
KOTA, OREGON  and  WISCONSIN— attorney  or  counsel  shall  be  appointed  or  employed 
by  commission.  U.  S. — Act  to  Regulate  Commerce,  sec.  16;  Cal. — Stats.  1911,  ist  ex.  sess.^ 
ch.  14,  sec.  4;  Fla. — Laws  1907,  ch.  5620,  sec.  i;  Kan. — Laws  1911,  ch.  238,  sec.  7;  La. — 
Stats.  1 910,  no.  263,  sec.  4;  Minn.— Rev.  Laws  1905,  sec.  i960;  N.  H.—Laws  191 1,  ch. 
164,  sec.  16(c);  N.  J. — Laws  191 1,  ch.  195,  sec.  3;  N.  Y. — Laws  1910,  ch.  480,  sec.  6; 
N.  C. — Pell's  Revisal  1908,  sec.  mo;  N.  D. — Rev.  Codes  1903,  sec.  370;  Ore. — Gen.  Laws 
1907,  ch.  33,  sec.  37.  Gen.  Laws  1911,  ch.  279,  sec.  74;  Wis. — Laws  1907,  ch.  499,  sec. 
I797m-I02{4);  ALABAMA — special  counsel  may  be  employed  by  governor.  Acts  1907, 
sp.  sess.,  no.  21,  sec.  3;  GEORGIA — attorney  to  commission  shall  be  appointed  by  gover- 
176  nor.  Code  1911,  sec.  2624;  INDIANA — counsel  appointed  by  commission,  appointment 
to  be  in  writing  and  approved  by  governor.  Acts  1907,  ch.  241,  sec.  2(a);  IOWA — com- 
merce counsel  shall  be  appointed  by  commission  subject  to  approval  of  two-thirds  of  senate 
in  executive  session.  Laws  191 1,  ch.  94,  sec.  i;  MARYLAND — general  counsel  shall  be 
appointed  by  governor  upon  recommendation  of  commission  and  shall  be  eligible  for  reap- 
pointment by  governor.  Laws  19T0,  ch.  180,  sec.  2;  MONTANA — special  counsel  shall 
be  appointed  by  commission  with  consent  and  approval  of  attorney-general.  Rev.  Codes 
1907,  sec.  43S3',  PENNSYLVANIA — attorney  shall  be  appointed  by  commission  subject 
to  approval  of  governor.     Laws  1907,  no.  230,  sec.  2. 

CALIFORNIA  and  NEW  YORK — attorney  or  counsel  shall  serve  during  pleasure  of 
commission.     Cal. — Stats.  1911,  ist  ex.  sess.,  ch.  14,  sec.  4;    N.    Y. — Laws  iqio,  ch.  480^ 

98 


sec.  6;   GEORGIA,  IOWA— term,  four  years  and  until  successor  is  appointed  and  qualified. 

177  Ga. — Code  igii,  sec.  2624;  la. — Laws  1911,  ch.  Q4,  sec.  i;  KANSAS — ^term  two  years. 
Laws  191J,  ch.  238,  sec.  7;    MARYLAND — term  six  years.      Laws  1910,  ch.  180.  sec.  2. 

IOWA — Commerce  counsel  shall  be  an  attorney  of  Iowa,  shall  not  be  in  employ  of,  own 
stock,  bonds  or  property  in  any  utility  or  have  any  pecuniary  interest  in  any  utility  or  busi- 
ness subject  to  jurisdiction  of  commission  or  interstate  commerce  commission,  shall  not  after 
entering  upon  duties  acquire  any  stock  or  other  interest  in  any  utility  or  business,  shall  not 

178  engage  in  any  other  business,  vocation  or  employment,  be  a  member  of  any  political  commit- 
tee, contribute  to  or  take  part  in  any  political  campaign.  Code  190T,  sec.  2111.  Laws  191 1, 
ch.  94,  sec.  i;  KANSAS — attorney  shall  have  same  qualifications  as  are  required  of  com- 
missioners and  shall  be  subject  to  same  disqualifications,  and  shall  be  sworn  to  perform 
faithfully  the  duties  of  his  office.  Laws  1911,  ch.  238,  sec.  7;  MARYLAND — general  coun- 
sel shall  be  subject  to  same  disqualifications  as  commissioners.    Laws  1910,  ch.  180,  sec.  2. 

GEORGIA — attorney  may  be  removed  by  governor  at  any  time.  Code  1911,  sec. 
2624;  IOWA — commerce  counsel  may  be  removed  by  commission  by  and  with  consent 
of  senate  during  a  session  of  general  assembly  for  malfeasance  or  nonfeasance  in  office  or 
for  any  cause  that  renders  him  ineligible  for  appointment  or  incapable  or  unfit  to  discharge 
the  duties  of  his  office  and  removal  when  so  made  shall  be  final.     Vacancy  occurring  in 

179  office  of  commerce  counsel  while  general  assembly  is  in  session  shall  be  filled  by  appoint- 
ment by  commission  with  approval  of  two-thirds  of  senate  in  executive  session;  if  general 
assembly  is  not  in  session  vacancy  shall  be  filled  by  appointment  by  commission  which 
appointment  shall  expire  thirty  days  from  time  the  next  general  assembly  convenes.  Laws 
191 1,  ch.  94,  sec.  i;  MARYLAND — general  counsel  may  be  removed  by  governor  for 
inefficiency,  neglect  of  duty  or  misconduct  in  office.  He  shall  be  given  a  copy  of  the  charges 
against  him  and  an  opportunity  of  being  heard  publicly  in  his  own  defence  upon  not  less 
than  ten  days'  notice.     Laws  1910,  ch.  180,  sec.  2. 

Salaries:  UNITED  STATES — compensation  of  attorneys  fixed  by  commission.  Act 
to  Regulate  Commerce,  sec.  18;  ALABAMA — salary  fixed  by  agreement  between  governor 
and  special  counsel.  Acts  1907,  sp.  sess.,  no.  21,  sec.  5;  CALIFORNIA — salary  as  fixed 
by  law.  Stats.  191 1,  ist  ex.  sess.,  ch.  14,  sec.  10(a):  FLORIDA — such  compensation  as  com- 
mission deems  proper.  Laws  1907,  ch.  5620,  sec.  i;  GEORGIA — $2,500.  Code  1911,  sec: 
2624;  INDIANA — salary  fixed  by  commission  and  approved  by  governor.  Acts  1907,  ch. 
241,  sec.  2(0);  IOWA — Js.ooo.     Laws  1911,  ch.  94,  sec.  3;   KANSAS — $2,500.     Laws  1911, 

180  ch.  238,  sec.  7;  LOUISIANA — not  exceeding  25%  of  all  fines  and  forfeitures  collected  by 
him.  Const,  art.  288,  as  amended  by  Stats.  1907,  no.  15;  MARYLAND — $3iOOO  and  in 
addition  $1,800  paid  by  city  of  Baltimore.  Laws  1910,  ch.  180,  sec.  2;  MONTANA — 
compensation  of  special  counsel  fixed  and  determined  by  state  board  of  examiners.  Rev. 
Codes  1907,  sec,  4383;  NEW  HAMPSHIRE — ^reasonable  attorney's  fees.  Laws  191 1,  ch. 
164,  sec.  16(c);  NEW  JERSEY — ^fixed  by  commission.  Laws  1911,  ch.  195,  sec.  5;  NEW 
YORK — $10,000.  Laws  1910,  ch'  480,  sec.  13;  NORTH  CAROLINA — at  compensation 
to  be  agreed  upon.  Pell's  Revisal,  1908,  sec.  mo;  NORTH  DAKOTA — at  compensation 
determined  by  governor.  Rev.  Codes  1905,  sec.  370;  OREGON — compensation  fixed  by 
commission.  Gen.  Laws  1907,  ch.  53,  sec.  57.  Gen.  Laws  igii,  ch.  279,  sec.  74;  PENN- 
SYLVANIA— $4,000.     Laws  1907,  no.  250,  sec.  23. 

2.     Attorney  General  as  Attorney  of  Commission. 

UNITED  STATES,  ALABAMA,  ARIZONA,  ARKANSAS,  CALI- 
FORNIA, COLORADO,  FLORIDA,  GEORGIA,  ILLINOIS, 
IOWA,  KAJ^SAS,  KENTUCKY,  LOUISIANA,  MASSACHU- 
SETTS,! MICHIGAN,  MINNESOTA,  MONTANA,  NEVADA, 
NEW  HAMPSHIRE,  NEW  MEXICO,  NORTH  DAKOTA, 
OHIO,  OKLAHOMA,  OREGON,  RHODE  ISLAND,  SOUTH 
DAKOTA,  WASHINGTON,  WISCONSIN 
Attorney  general  shall  be  attorney  of  commission.^     U.  S. — Act 

181  to  Regulate  Commerce,  sec.  12;  Ala. — Acts  igoj,  sp.  sess.,  no.  21, 

1  Railroad  Commission. 

2  FLORIDA — attorney  general  shall  not  require  other  fees  than  he  now  receives  by  law. 
Gen.  Stats.  1906,  sec.  2909;  LOUISIANA — attorney  general  shall  receive  npt  exceeding 
25  %  of  all  fines  and  forfeitures  collected  by  him..— Const.,  art.  288,  as  amended  by  Stats.  X907, 
no.  J3. 

99 


sec.  5;  Ariz. — Sess.  Laws  igi2,  ch.  go,  sec.  4;  Ark. — Acts  igo'j, 
no.  422,  sec.  5;  Cal — Stats,  igii,  ist  ex.  sess.,  ch.  14,  sec.  72; 
Col. — Laws  1 910,  sp.  sess.,  ch.  5,  sec.  12;  Fla. — Gen.  Stats.  1906, 
sec.  2898;  Ga. — Code  1911,  sec.  2648;  III. — Revisal  1909,  ch. 
114,  sec.  183;  la. — Code  189^,  sec.  2120(c);  Kan. — Gen.  Stats. 
1909,  sec.  yiJ2;  Ky. — Carroll's  Stats.  1909,  sec.  826;  La. — 
Const.,  art.  288,  as  amended  by  Stats,  igoy,  no.  15;  Mass. — Acts 
1911,  ch.  yjj,  sec.  5;  Mich. — Pub.  Acts  1909,  no.  300,  sec.  41;  Minn. 
— Rev.  Laws  1905,  sec.  i960;  Mont. — Rev.  Codes  igoy,  sec.  4397; 
Nev. — Stats.  1911,  ch.  162,  sec.  24;  N.  H. — Laws  1911,  ch.  164, 
sec.  16(a);  N.  M. — Const.,  art.  xi,  sec.  4;  N.  D. — Rev.  Codes 
1905,  sec.  4347;   Ohio — Code  1910,  sec.  577;    Okla. — Sess.  Laws 

1908,  ch.  18,  art.  Hi,  sec.  9;  Ore. — Gen.  Laws  1907,  ch.  jj,  sec. 
57.  Gen.  Laws  191 1,  ch.  279,  sec.  74;  R.  I. — Acts  1912,  ch.  795, 
sec.  31;  S.  D. — Rev.  Pol.  Code  1903,  sec.  499;  Wash. — Laws 
1911,  ch.  117,  sec.  5;  Wis. — Laws  igoj,  ch.  362,  sec.  1797-31. 
Laws  1907,  ch.  499,  sec.  1797^1-102(2). 

3.     State's  Attorney  as  Attorney  of  Commission. 

UNITED  STATES,  CALIFORNIA,  COLORADO,  FLORIDA,  ILLI- 
NOIS, LOUISIANA,  MICfflGAN,  MINNESOTA,  MONTANA, 
NORTH  DAKOTA,  OHIO,  OREGON,  SOUTH  DAKOTA, 
WISCONSIN  State's  attorney  of  county  in  which  suit  is  in- 
stituted, prosecuted  or  defended  by  commission  shall  be  attorney 
of  commission  in  such  county.^  V .  S. — Act  to  Regulate  Com- 
merce^ sec.  12;  Cal. — Stais.  191 1,  ist  ex.  sess.,  ch.  14,  sec.  72; 
Col. — Laws  igiOy  sp.  sess.,  ch.  5,  sec.  12;   Fla. — Laws  1907,  ch. 

182  5620,  sec.  i;  III. — Revisal  1909,  ch.  114,  sec.  183;  La. — Const., 
art.  288,  as  amended  by  Stats.  1907,  no.  15;    Mich. — Pub.  Acts 

1909,  no.  300,  sec.  41,  Minn. — Rev.  Laws  1905,  sec:  i960;  Mont. — 
Rev.  Codes  1907,  sec.  4383;  Nev: — Stats.  1911,  ch.  162,  sec.  24; 
N.  D. — Rev.  Codes  1905,  sec.  4358;  Ohio — Code  igio,  sec.  577; 
Ore. — Gen.  Laws  1907^  ch.  5j,  sec.  ^7.  Gen.  Laws  1911,  ch.  279, 
sec.  74;  S.  D. — Sess.  Laws  1911,  ch.  207,  sec.  19;  Wis. — Laws 
1905,  ch.  362,  sec.  1797-31.  Laws  1907,  ch.  499,  sec.  i797m-i02(2). 

4.     General  Duties  and  Powers  of  Attorney. 

ALABAMA,  CALIFORNIA,  FLORIDA,  KANSAS,  MARYLAND, 
NEW  HAMPSHIRE,  NEW  YORK 

Attorney  or  counsel  shall  represent  com- 
mission and  people  of  state  in  all  actions  and  proceedings,  shall 
prosecute  and  defend  and  if  so  directed  shall  intervene  in 
actions  to  which  commission  may  be  party,  shall  advise  com- 
188  mission  and  commissioners  and  generally  shall  perform  all 
duties  which  may  be  required.    Ala. — Acts  1907,  sp.  sess.,  no. 

'  Salaries:    FLORIDA — state's  attorney   shall   not   require  other    fees   than  he  now 
receives  by  law.    Gen.  Stals.  1906,  sec.  2909;  LOUISIANA — state's  attorney  shall  receive 
•  not  exceeding  25  per  cent  of  all  fines  and  forfeitures  collected  by  him.    Const.,  art.  288,  as 
amended  by  Stats.  1907,  no.  zj. 

100 


21,  sec.  5;  CaL- — Stats.  191 1,  ist  ex.  sess.,  ch.  14;  'secrfzy'M'd,-}--: 
Laws  1907,  ch.  5620,  sec.  i;  Kan.- — Gen.  Stats.  1909,  sec.  7182; 
Md. — Laws  1910,  ch.  180,  sec.  6,  as  amended  by  Laws  1912,  ch. 
563;  N.  H. — Laws  191 1,  ch.  164,  sec.  i6{c);  N.  Y. — Laws  19 10, 
ch.  480,  sec.  12. 


5.     Special  Duties  and  Powers  of  Attorney. 

Special  duties  and  powers  of  attorney  and   counsel    are 
as  follows: 

UNITED  STATES — attorneys  shall  appear  for  and  represent  commission  in  commerce 
court.  Act  to  Regulate  Commerce,  sec.  i6;  ALABAMA — special  counsel  shall  assist  attor- 
ney general.  Ads  1907,  sp.  sess.,  no.  21,  sec.  4;  ILLINOIS — special  counsel  shall  assist 
attorney  general.  Revisal  igog,  ch.  114,  sec.  130;  IOWA — commerce  counsel  shall  investi- 
gate reasonableness  of  rates  charged  or  services  rendered  by  utilities  and  reasonableness 
of  rates,  charges,  rules  and  practices  of  interstate  carriers.  Whenever  directed  by  com- 
mission or  whenever  in  his  own  judgment  any  rates,  charges,  rules  or  practices  are  undue, 
imjust,  unreasonable,  unlawfvd,  undidy  prejudicial  or  imjustly  discriminatory  against  any 
citizens  or  industries  of  Iowa  he  shall  institute  proceedings  relative  to  said  matters  and 
184  prosecute  the  same  before  commission.  If  they  concern  interstate  transportation  he  shall 
assist  commission  when  directed  in  the  prosecution  of  cases  involving  said  matters  before 
the  interstate  commerce  commission.  He  may  appoint  and  remove  subject  to  approval 
of  commission  assistants,  stenographers  and  rate  clerks  at  compensation  fixed  by  com- 
mission. Laws  igii,  ch.  04,  sec.  5;  KANSAS — attorney  shall  defend  and  prosecute  all 
proceedings  on  behalf  of  parties  complaining  of  unjust  discriminations  or  of  other  viola- 
tions of  law,  shall  when  circumstances  warrant  make  a  complaint  to  commission  in  name 
of  the  state  on  his  relation,  whereupon  commission  shall  consider  and  determine  such  com- 
plaint, shall  appoint  a  stenographer  at  $1,200,  and  shall  make  a  special  study  of  the  rail- 
road laws  of  Kansas  and  other  states  and  the  interstate  commerce  acts.  Laws  igii,  ch. 
238,  sec.  7;  MARYLAND — whenever  complaint  is  made  to  commission  concerning  any 
matter  or  thing  done,  permitted,  maintained  or  omitted  to  be  done  by  any  utility  with 
respect  to  any  of  the  requirements  imposed  by  the  public  service  commission  law,  any 
other  law,  charter,  franchise  or  ordinance  or  any  order  of  this  commission  or  otherwise, 
general  counsel  shall  in  person  or  through  an  assistant  whenever  commission  shall  so  direct 
upon  a  prima  facie  case  or  otherwise  or  when  there  shall  appear  to  commission  to  be  any 
reasonable  ground  for  investigating  such  application,  complaint  or  protest,  participate  in 
the  preparation  or  reforming  of  pleadings  of  commission  if  need  be  or  investigate  or  further 
investigate  the  facts  or  evidence  upon  which  the  application,  complaint  or  protest  is  based 
or  may  be  based.  He  shall  appear  before  commission  in  respect  to  investigations  or  in 
support  of  applications  or  complaints  by  and  in  behalf  of  or  in  the  interest  of  the  public 
or  in  defense  of  public  interest  when  involved  and  subject  to  order  of  commission.  He 
may  appoint  an  assistant  at  l3,ooo  who  shall  be  a  member  of  the  bar  of  Maryland,  and 
may  if  governor  deems  necessary  employ  other  attorneys  as  additional  assistants  at  such 
special  compensation  as  general  counsel  with  written  approval  of  governor  may  prescribe. 
He  may  employ  a  stenographer  at  $1,500,  and  assistant  stenographers  at  salaries  ascer- 
tained in  manner  prescribed  for  ascertainment  of  compensation  of  general  employes  of 
commission,  and  may  avail  himself  of  the  services  of  experts  employed  by  commission  as 
well  as  the  records  and  other  facilities  of  commission.  Laws  igio,  ch.  180,  sees.  2,  6  {as 
amended  by  Laws  igi2,  ch.  3O3);  MINNESOTA — counsel  shall  assist  attorney  general; 
Rev.  Laws  igos,  sec.  ig6o;  MONTANA — special  counsel  shall  assist  in  any  proceeding 
instituted.  Rev.  Codes  igo7,  sec.  4383;  NEW  YORK — counsel  may  appoint  and  remove 
subject  to  approval  of  commission  attorneys  and  counsellors  at  law  to  assist  him  and  also 
shall  employ  and  remove  stenographers  and  process  servers  whose  compensation  shall  be 
fixed  by  commission.  Laws  igio,  ch.  480,  sec.  6;  NORTH  DAKOTA — counsel  shall  assist 
attorney  general  and  state's  attorney.  Rev.  Codes  igoj,  sec.  4348;  PENNSYLVANIA — 
attorney  shall  attend  hearings  of  commission,  conduct  the  examination  of  witnesses  upon 
request  of  commission,  and  assist  attorney  general  in  all  actions  brought  by  him  incidental 
to  the  recommendation  and  ruling  of  commission.  Laws  igo7,  no.  250,  sec.  2;  WISCON- 
SIN— counsel  shall  be  attorney  in  any  proceeding  or  trial.    Laws  1907,  ch.  4gg,  sec.  1797m- 

102{4). 

lOI 


6.     Genet hX  Duties  and  Powers  of  Attorney  General. 

ALABAMA,  ARIZONA,  ARKANSAS,  FLORIDA,  ILLINOIS,  IOWA, 
KANSAS,  MASSACHUSETTS,!  MICHIGAN,  MINNESOTA, 
MONTANA,  NEVADA,  NEW  MEXICO,  NORTH  DAKOTA, 
OHIO,  OKLAHOMA,  OREGON,  RHODE  ISLAND,  SOUTH 
DAKOTA,  WASHINGTON,  WISCONSIN 

Attorney  general  shall  institute,  prosecute  and 
defend  all  actions  whenever  requested  by  commission  and  shall 
aid  and  advise  commission  generally.  Ala.  —Acts  igoy,  sp.  sess., 
no.  21^  sec.  J,  Ariz. — Sess.  Laws  igi2,  ch.  go,  sec.  4;  Ark. — Acts 
igoy,  no.  422,  sec.  5;  Fla. — Gen.  Stats.  igo6,  sec.  2g2i;  III. — 
Revisal  igog,  ch.   114,  sec.  i8j;    la. — Code  i8gy,  sec.  2120(c); 

185  Kan. — Gen.  Stats,  igog,  sec.  J 17 2;  Mass. — Acts  igii,  ch.  '755, 
sec.  5;  Mich. — Pub.  Acts  igog,  no.  joo,  sec.  41;  Minn. — Rev. 
Laws  igo^y  sec.  igdo;  Mont. — Rev.  Codes  igo'/,  sec.  4387;  Nev. — 
Stats,  igiiy  ch.  162,  sec.  24;  N.  M. — Const.,  art.  xi,  sec.  4;  N. 
D. — Rev.  Codes  igoj,  sec.  43gy;  Ohio — Code  igio,  sec.  ^yy; 
Okla. — Sess.  Laws  igo8,  ch.  18,  art.  Hi,  sec.g;  Ore. — Gen.  Laws 
igoy,  ch.  5j,  sec.  57.  Gen.  Laws  igii,  ch.  2yg,  sec.  74;  R.  I. — 
Acts  igi2,  ch.  7P5,  sec.  31;  S.  D. — Sess.  Laws  igoj,  ch.  210, 
sec.  I.  Sess.  Laws  igii,  ch.  207,  sec.  ig;  Wash. — Laws  igii, 
ch.  117,  sec.  g3;  Wis. — Laws  igoj,  ch.  362,  sec.  I7g7-3i.  Laws 
igo7,  ch.  4gg,  sec.  I7g7m-i02{2). 

7,     Other  Duties  and  Powers  of  Attorney  General. 
Other  duties  and  powers  of  attorney  general  are  as  follows : 

ARB:ANSAS,  FLORIDA,  GEORGIA  and  IOWA— attorney  general  shall  upon  request 
represent  commission  before  interstate  commerce  commission.  Ark. — Acts  1907,  no.  422, 
sec.  5;  Fla. — Gen.  Stats.  1906,  sec.  2898;  Ga. — Code  1911,  sec.  2648;  la. — Code  1897,  sec. 
2120c;  LOUISIANA — assistant  attorney  general  shall  attend  the  sessions  of  commission 
and  assist  parties  complainant  before  commission.  Stats.  1910,  no.  263,  sec.  4;  MASSA- 
CHUSETTS (Railroad  Commission) — ^attorney  general  shall  appear  before  commission  in 
any  matter  either  upon  his  own  motion  or  at  request  of  any  individual  when  in  his  opinion 
or  in  opinion  of  commission  the  interest  of  the  commonwealth  or  public  demands.     Acts 

1911,  ch.  755,  sec.  5;  MICHIGAN — attorney  general  shall  prosecute  all  necessary  pro- 
ceedings for  enforcement  of  laws  relating  to  carriers  and  for  punishment  of  violations 
thereof.    Pub.  Acts  1909,  no.  300,  sec.  41;  NORTH  CAROLINA — ^upon  application  attorney 

186  general  shall  represent  commission  before  interstate  commerce  commission.  PeU's  Revisal 
1908.  sec.  mo;  NORTH  DAKOTA — attorney  general  shall  whenever  petition  shall  be 
filed  or  presented  or  be  prosecuted  by  commission  or  by  Its  direction  prosecute  the  same 
and  in  such  prosecution  shall  have  the  right  to  have  the  assistance  of  the  state's  attorney 
of  county  in  which  such  proceedings  are  instituted,  and  may  employ  an  attorney  to  assist 
in  any  proceeding  brought  at  amount  to  be  approved  by  attorney  general  and  commission. 
Rev.  Codes  1905,  sec.  4361;  OHIO — attorney  general  shall  institute  and  prosecute  neces- 
sary actions  or  proceedings  for  the  enforcement  of  laws  relating  to  railroads  and  for  pim- 
ishment  of  all  violations  of  law.  Code  J 910,  sec.  577;  OKLAHOMA — attorney  general 
or  other  person  as  may  be  designated  by  law  shall  represent  commission  in  all  matters  before 
interstate  commerce  commission.  Const.,  art.  ix,  sec.  32;  RHODE  ISLAND — attorney 
general  shall  intervene  in  any  action  or  proceeding  in  which  any  question  is  involved.    Acts 

1912,  ch.  795,  sec.  10;  SOUTH  DAKOTA^ — attorney  general  shall  render  to  commission 
all  coimsel.  advice  and  opinions  in  writing  when  requested;   commission  shall  not  employ 

» Railroad  Commission. 

2  It  is  unlawful  for  commission  to  delegate  any  of  the  powers  conferred  upon  it,  or 
the  performance  of  the  duties  imposed  upon  it  by  law.  to  any  other  person  except  in  cases 
where  express  authority  has  been  given.    Sess.  lmws  1907%  ch.  210,  sec.  2. 

102 


other  counsel.  Sess.  Laws  1907,  ch.  210,  sec.  i.  Sess.  Laws  1911,  ch.  207,  sec.  44;  VIR- 
GINIA— attorney  general  shall  represent  commission  before  interstate  commerce  commis- 
sion. Pollard's  Code  1904,  sec.  i294c{i);  WASHINGTON — attorney  general  shall  see 
that  all  laws  the  enforcement  of  which  devolves  upon  commission  are  enforced  and  to 
that  end  may  institute,  prosecute  and  defend  all  necessary  actions  and  proceedings.  Laws 
1911,  ch.  117' sec.  5. 

8.     Duties  and  Powers  of  Staters  Attorney. 

UNITED  STATES,  FLORIDA,  MICHIGAN,  MINNESOTA,  MON- 
TANA, NORTH  DAKOTA,  OHIO,  OREGON,  SOUTH  DA- 
KOTA, WISCONSIN 

State's  attorney  of  any  county  in  which  action 
is  pending  shall  upon  request  represent  and  aid  commission  and 
prosecute  and  defend  all  actions  to  which  commission  may  be 
187  party.  U.  S. — Act  to  Regulate  Commerce,  sec.  12;  Fla. — Laws 
iQoy,  ch.  5620,  sec.  2;  Mich. — Puh.  Acts  igog,  no.  joo,  sec.  41; 
Minn. — Rev.  Laws  1905,  sec.  ig6o;  Mont. — Rev.  Codes  igoy,  sec. 
438'/;  N.  D. — Rev.  Codes  igoj,  sec.  43g7;  Ohio — Code  igio,  sec.  S77.; 
Ore. — Gen.  Laws  igoy,  ch.  53,  sec.  57;  Gen.  Laws  igii,  ch.  27g, 
sec.  74;  S.  D. — Rev.  Pol.  Code  igoj,  sec.  4gg;  Wis. — Laws  igoj, 
ch.  362,  sec.  I7g7-3i.    Laws  igo7,  ch.  4gg,  sec.  I7g7m-i02{2). 


P.      EMPLOYES       AND       APPOINTEES       OF 
COMMISSION. 

Classes,  Qualifications,  Number,  Length,  of  Term,  Salaries,  Duties,  and  Powers. 

UNITED  STATES  Necessary  employes;  special  agents  or  ex- 
aminers who  may  administer  oaths,  examine  witnesses  and  re- 

188  ceive  evidence.  Compensation  of  employes  is  fixed  by  commis- 
sion.   Act  to  Regulate  Commerce,  sees.  18,  20. 

ALABAMA  Stenographer  at  not  exceeding  $1,200;  neces- 

189  sary  experts  at  not  exceeding  $5,000  in  the  aggregate.  Code 
igo7,  sec.  5640. 

Special  agents,  examiners  or  employes  designated  or  em- 

190  ployed  by  commission  may  administer  oaths,  examine  wit- 
nesses and  receive  evidence.  Code  igo7,  sec.  ^640.  Acts  igo7, 
sp.  sess.,  no.  17,  sec.  3. 

ARIZONA  Necessary  officers,  experts,  engineers,  statis- 

ticians, accountants,  inspectors,  clerks  and  employes  at  com- 
pensation fixed   by  commission   to   serve  during   pleasure   of 

191  commission.  No  person  pecuniarily  interested  in  any  utility 
under  jurisdiction  of  commission  shall  be  appointed  or  employed 
by  commission.  Each  person  appointed  to  a  civil  executive 
office  shall  take  the  constitutional  oath  of  office.  Sess.  Laws 
igi2,  ch.  go,  sess.  6,  7,  10. 

ARKIANSAS  Stenographer  at  not  exceeding  $1,000;    ex- 

192  perts  when  necessary  at  salary  fixed  by  commission.  Kirby's 
Digest  igo4,  sec.  67g3. 

103 


CALIFORNIA  Assistant  secretary  at  salary  fixed  by  law  who 

shall  take  and  subscribe  to  constitutional  oath  of  office  and  shall 
have  all  powers  conferred  by  law  upon  peace  officers  to  carry 
weapons,  make  arrests  and  serve  warrants  and  other  processes; 
necessary  officers,  experts,  engineers,  statisticians,  accountants, 

193  inspectors,  clerks  and  employes  at  compensation  fixed  by  com- 
mission to  serve  during  pleasure  of  commission.  No  person  pe- 
cuniarily interested  in  any  utility  tmder  jurisdiction  of  commis- 
sion shall  be  appointed  or  employed  by  commission.  Each 
person  appointed  to  a  civil  executive  office  shall  take  the  con- 
stitutional oath  of  office.  Stats,  igii,  ist  ex.  sess.,  ch.  14,  sees. 
5-7,  10(a). 

COLORADO  Assistant  secretary  at  $2,500;    stenographer 

194  at  $2,100;  other  necessary  help  within  limits  of  appropriation. 
Laws  igio,  sp.  sess.,  ch.  5,  sec.  18. 

CONNECTICUT  Necessary  accountants,  clerical  assistants,  en- 

gineers, inspectors  and  agents  at  compensation  determined  by 

195  commission.  No  employes  of  any  public  utility  shall  be  em- 
ployed by  commission.    Pub.  Acts  igii,  ch.  128,  sec.  7. 

FLORIDA  Competent  inspector  at  compensation  fixed 

by  commissioners  who  shall  inspect  the  physical  condition  of  the 
road  bed,  rights  of  way,  depot,  rolling  stock  and  other  fixtures 

196  and  equipment  of  any  railroad  in  Florida,  shall  inspect  and  make 
estimates  on  the  cost  of  producing  the  same  and  shall  report  in 
writing  the  results  of  his  inspection,  investigation  and  estimations 
to  commissioners  at  such  times  and  in  such  manner  as  they  shall 
direct.    Laws  igoy,  ch.  5622,  sec.  i. 

GEORGIA  One  or  more  rate  experts  at  not  exceeding 

$4,000  in  the  aggregate;  stenographer  at  not  exceeding  $1,200; 

197  necessary  experts  to  ascertain  cost  of  construction  and  present 
value  of  railroad  properties.    Code  igu,  sec.  262^.    Acts  igoy, 

'   no.  223,  sec.  15. 

ILLINOIS  Necessary  employes    at  compensation   fixed 

by  commission;  inspector  of  safety  appliances  for  two" years  and 
imtil  successor  is  appointed  and  qualified  at  $1,500  and  expenses 
not  exceeding  $1,000  a  year,  who  shall  not  be  employed  by  or  in- 
terested in  any  railroad,  and  shall  have  had  at  least  seven  years 

198  of  railroad  experience  in  Illinois  in  one  or  more  of  following  ca- 
pacities: Engineer,  fireman,  conductor,  yardmaster,  brakeman, 
train  baggageman,  switchman,  car  inspector  or  repairer.  He 
shall  furnish  bond  in  sum  of  $3,000,  take  usual  oath  of  office,  have 
his  office  in  same  place  as  commission  and  be  under  supervision  of 
commission.    Revisal  igog,  ch.  114,  sees.  lyo,  237-23g. 

Commission  may  remove  upon  complaint  for  cause,  reap- 

199  point  or  reduce  number  of  employes  and  appointees.  Same, 
sec.  146(10). 

104 


» 


INDIANA  Clerk  at  not  exceeding  $1,500  who  shall  take 

usual  oath  of  office;  necessary  employes,  competent  railroad  in- 

soo  spectors,  experts  or  engineers  at  salaries  approved  by  governor, 
whose  appointments  shall  be  made  in  writing  and  approved  by 
governor.    Acts  iQoy,  ch.  241,  sec.  2(0). 

IOWA  Necessary  clerical  help;    assistants,   stenog- 

201  raphers  and  rate  clerk  at  compensation  fixed  by  commissioners. 
Code  i8gy,  sec.  2111.    Laws  igii,  ch.  Q4,  sec.  j. 

KANSAS  Stenographer  at  $  i ,  000 ;  stenographer  at  $900 ; 

two  clerks  at  $900  each;  rate  expert  who  shall  have  had  at  least 
seven  years'  experience  in  railroad  traffic  and  rate  making,  shall 
not  be  directly  or  indirectly  interested  in  the  stock  or  bonds  of 
any  railroad  and  shall  take  an  oath  faithfully  and  to  the  best  of 

202  his  ability  to  perform  and  discharge  his  duties;  necessary  extra 
accountants,  engineers,  rate  experts  and  special  assistants  ap- 
pointed subject  to  approval  of  governor  at  compensation  fixed 
by  commission;  necessary  experts  to  assist  in  ascertaining  cost 
of  construction  of  railroads.  No  person  related  by  blood  or  mar- 
riage to  any  commissioner  shall  be  employed  or  appointed.  Gen. 
Stats.  igoQy  sec.  7183.    Laws  igii,  ch.  2j8,  sec.  8. 

KENTUCKY  Stenographer  at  $1,200;  rate  clerk  at  $1,800. 

203  Carroll's  Stats,  igog,  sec.  822. 

MAINE  Mechanical  expert;   assistant  clerk  at  $1,200 

appointed  by  governor  on  recommendation  of  commission  who 

204  shall  assist  clerk  in  performing  his  duties  and  in  absence  of 
clerk  shall  have  same  powers  as  clerk.  Rev.  Stats,  igoj,  ch.  5/, 
sec.  48,  as  amended  by  Pub.  Laws  igog,  ch.  141;  ch.  116,  sec.  i. 

MARYLAND  Necessary  officers,  clerks,  stenographers,  type- 

writers, inspectors,  experts  and  employes  appointed  subject  to 
approval  in  writing  of  governor  at  compensation  fixed  by  com- 

205  mission  and  certified  to  and  approved  in  writing  by  the  governor, 
each  of  which  employes  shall  take  and  subscribe  to  constitutional 
oath  of  office,  and  shall  be  subject  to  same  disqualifications  as 
commissioners.    Laws  igio,  ch.  180,  sec.  2. 

If  in  any  case  commission  cannot  ascertain  in  advance  the 
value  of  any  service  to  be  rendered  to  it  or  the  proper  compensa- 
tion to  be  paid  therefor,  it  shall  certify  such  facts  to  governor 

206  who  may  authorize  appointment  or  acquisition  of  the  service  in 
question,  leaving  value  or  compensation  to  be  ascertained  by 
subsequent  agreement  or  adjustment.    Same. 

See  also  par.  6jo. 

MASSACHUSETTS  Gas  and  electric  commission:  One  or  more 
deputy  inspectors  of  meters  at  compensation  fixed  by  commis- 
sion for  a  period  not  exceeding  one  year  but  total  amount  of  com- 
pensation and  expenses  shall  not  exceed  $3,000  a  year,  who  shall 
be  sworn,  shall  act  under  the  direction  of  commission  and  shall 


ao7  not  be  connected  with  or  employed  by  any  gas  company.  From 
decisions  of  such  deputy  inspectors  a  gas  utihty  or  consimier  may 
appeal  to  commission.  Such  deputy  inspectors  may  enter  any 
premises  where  the  meter  to  be  inspected  is  placed  for  the  pur- 
pose of  making  the  inspection.  Rev.  Laws  1Q02,  ch.  121,  sec.  57. 
Acts  igo2,  ch.  228,  sees.  4,  as  amended  by  Acts  igog,  ch.  48 j, 
sec.  6. 

Gas  and  electric  commission  shall  designate  one  of  its  mem- 

208  bers  to  receive  all  fees,  who  shall  give  bond  in  sum  of  $5,000. 
Acts  igo2,  ch.  228,  sec.  5,  as  amended  by  Acts  igog,  ch.  48 j, 
sec.  7. 

Railroad  commission:  Assistant  clerk  at  not  more  than  $1,- 
80G  who  shall  be  sworn  before  entering  upon  duties  and  who  shall 
perform  such  clerical  and  other  office  work  as  commission  may 
require  and  perform  duties  of  clerk  in  his  absence  or  during  his  dis- 
ability if  so  directed  by  commission;  accountant  skilled  in  meth- 
ods of  railroad  accounting  at  not  more  than  $5,000  who  tmder  the 
direction  of  commission  shall  supervise  the  methods  by  which 
accounts  of  railroads  or  street  railways  are  kept ;  not  more  than 

809  one  inspector  for  every  1,000  miles  of  road  track  at  $2,000  each, 
appointed  for  three  years  and  removable  for  cause  by  commis- 
sion; one  or  more  experts  to  examine  reports  thoroughly;  experts 
in  connection  with  any  proposed  issue  of  stock  or  bonds  by  a 
railroad  or  street  railway,  who  shall  investigate  character,  cost 
and  value  for  railroad  purposes  of  property  of  such  railroad  or 
street  railway;  experts  and  assistants  in  discretion  of  com- 
mission, who  shall  examine  into  rates,  facilities  and  financial 
condition  of  any  carrier.  Acts  igo6,  ch.  41^,  sec.  2.  Acts  igo6,_ 
ch.  463,  pt.  iy  sees,  i,  2. 

Highway  commission:    Clerks  and  engineers  at  compensa- 

sio  tion  appropriated  annually  by  general  court.  Rev.  Laws  igo2, 
ch.  47,  sec.  I. 

MICHIGAN  Chief  clerk  at  not  more  than  $1,500;  not  more 

than  five  clerks  and  necessary  examiners,  experts  and  inspectors 

at  compensation  fixed  by  commission;  chief  inspecting  engineer 

ail    at  not  exceeding  $2,000  who  shall  have  general  knowledge  of 

the  requirements  of  railroad  operation,  signal  appliances  and 

-^      safety  devices.    Pub.  Acts  igog,  no.  joo,  sees.  2{g),  2{i). 

On  order  of  commission  and  in  their  own  right  inspectors 
shall  inspect  all  equipment,  cars,  power  houses,  trolley  lines,  tracks 
and  property  of  every  common  carrier  and  may  inspect  freight 
SIS  in  cars  or  warehouses  of  such  carriers  and  all  waybills,  bills  of 
lading  and  shipping  receipts  to  determine  whether  classification 
and  rating  of  freight  conforms  with  published  tariffs  and  classifi- 
cation. Same,  2(g). 
'•/::  Under  instructions  of  commission  chief  inspecting  engineer 

"'•'  shall  make  such  inspections  and  reports  regarding  public  safety, 
7      health  and  convenience  as  may  be  ordered  and  deemed  essential 
it9    by  commission  to  full  and  thorough  information  as  to  physical 
condition  of  the  various  common  carriers  and  proper  enforcement 

1 06 


I 


of  police  regulations  enacted  for  control  and  management  thereof. 
Same,  sec.  2  (i). 

MINNESOTA  Necessary  additional  help  at  compensation 

214    fixed  by  commission.    Rev.  Laws  1905,  sec.  1957,  as  amended  by 

Laws  191 1,  ch.  140. 

Commission  shall   provide   for  necessary  examinations  to 
216    determine  qualifications  and  fitness  of  appointees.    Laws  igii^ 

ch.  1^6,  sec.  2. 

MONTANA  Necessary    stenographers   at   not    exceeding 

$1,200;  inspectors,  experts  and  other  persons.     Each  person  ap- 

216  pointed  to  office  shall  take  and  subscribe  to  constitutional  oath  of 
office.    Rev.  Codes  igoy,  sees.  4367,  4368. 

NEBRASKA  Not  more  than  two  clerks  at  not  exceeding 

$1,200  each,  at  least  one  of  whom  shall  be  an  expert  stenographer 

217  and  typewriter;  necessary  experts.  Cobbey's  Annot.  Stats.  igoQ, 
sec.  10650. 

See  also  pars.  6jo,  654. 

NEVADA  Necessary  clerks,   experts  and  assistants  at 

compensation  fixed  by  commission  who  may  be  removed  by  com- 
mission and  shall  perform  any  service  commission  may  require; 

218  expert  engineer  at  $3,600  and  necessary  traveling  expenses, 
whom  commission  may  remove  whenever  his  services  shall  be  un- 
satisfactory. Stats.  1907,  ch.  44,  sec.  i{h),  as  amended  by  Stats. 
1911,  ch.  193.    Stats.  1911,  ch.  162,  sec.  16. 

NEW  HAMPSHIRE  Necessary  stenographers,  experts,  account- 
ants, without  approval  of  governor  and  cotmcil  at  not  more  than 

219  $4,000  in  aggregate,  and  with  such  approval  further  stims  as  may 
be  necessary.    Laws  191 1,  ch.  164,  sec.  2(f). 

NEW  JERSEY  Necessary    employes,    terms,   salaries    and 

220  duties  being  fixed  by  commission.    Laws  1911,  ch.  195,  sec.  5. 

NEW  MEXICO  Officers,  assistants  and  subordinates,  subject 

221  to  removal  by  commission.    Const.,  art.  xi,  sec.  4. 

NEW  YORK  Necessary  officers,  clerks,  inspectors,  experts 

and  employes  at  compensations  fixed  by  commission;  state  in- 
spector of  locomotive  boilers  at  not  exceeding  $3,000,  who  shall 
inspect  under  direction  of  commission  of  second  district  boilers 

222  of  steam  railroad  locomotives  and  may  cause  the  same  to  be 
tested  by  hydrostatic  test  and  shall  perform  such  other  duties  in 
connection  therewith  as  commission  shall  direct.  Each  person 
appointed  by  commission  shall  take  the  constitutional  oath  of 
office.    Laws  1910,  ch.  480,  sees.  9,  13;  ch.  481,  sec.  73. 

NORTH  CAROLINA  Necessary  clerks  at  not  exceeding  $1,500  in 
SS8    the  aggregate;  chief  clerk  to  tax  commission  at  $1,500;  second 

107 


clerk  to  corporation  commission  at  $1,200.  PeWs  Revisal  1Q08, 
sec.  2754. 

NORTH  DAKOTA     .  One  stenographer  when  necessary ;   necessary 
224    stenographers,  rate  experts  and  other  employes.     Laws  igii, 
ch.  240,  sec.  4. 

OHIO  Three  clerks,  one  at  not  exceeding  $1,2 00  who 

shall  be  an  expert  stenographer,  and  two  at  not  exceeding  $1,000 
each;  necessary  experts,  assistants,  clerks,  accountants  and  ex- 
aminers at  compensation  fixed  by  commission;  inspectors  at 
compensation  fixed  by  commission  who  may  inspect  freight  in 
cars  or  warehouses,  waybills,  bills  of  lading  and  shipping  receipts 
of  transportation  companies;   competent  inspector  of  locomotive 

22s  boilers  at  not  exceeding  $180  per  month  who,  under  direction  of 
commission  shall  have  charge  of  inspection  of  boilers  and  their 
appurtenances  and  of  steam  railroad  locomotives,  and  who  shall 
perform  such  other  duties  as  commission  may  direct.  All 
appointments  and  salaries  shall  first  be  approved  by  governor. 
Code  igio,  sec.  4Q4.  Laws  igio,  H.  B.  no.  184,  sec.  6.  Laws  igii, 
no,  525,  sec.  85. 

OKLAHOMA  Corporation  record  clerk  at  $2,200;  expert  ac- 

coimtant  and  rate  clerk  at  $2,500;  official  stenographer  at  $1,200, 

226  stenographer  at  $900;  marshal  at  $1,500;  necessary  experts  to 
assist  in  ascertaining  the  valuation  of  railroads.  Const.,  art.  ix, 
sec.  2g.    Sess.  Laws  ipo8,  ch.  18,  art.  i,  sec.  2. 

OREGON  Expert  stenographer  at  not  exceeding  $1,200; 

necessary"  expert  help  at  compensation  fixed  by  commission; 
necessary  engineers,  examiners,  experts,  clerks,  accountants,  in- 
spectors and  other  assistants  at  compensation  determined  by 

227  commission;  necessary  examiner  or  agent  who  shall  have  every 
power  of  an  inquisitorial  nature  granted  to  commission  and  same 
powers  as  a  notary  public  in  taking  depositions,  and  who  may 
undertake  or  hold  any  investigation  or  hearing  which  commis- 
sion has  power  to  undertake.  Gen.  Laws  igoy,  ch.  55,  sec.  5. 
Gen.  Laws  igii,  ch.  2yg,  sees.  38,  jg. 

PENNSYLVANIA  Marshal  appointed  subject  to  approval  of  gov- 
ernor at  $2,500  who  shall  attend  hearings  of  commission,  serve 
papers  and  perform  other  duties  as  required  by  commission;  ac- 
countant serving  during  pleasure  of  commission  who  shall  be 
thoroughly  skilled  in  railroad  accounts  and  under  direction  of 
commission  shall  examine  books  and  accounts  of  common  car- 
riers, supervise  quarterly  and  annual  reports  made  by  them  to 

228  commission  and  perform  other  duties  prescribed  by  commission; 
two  inspectors,  one  a  civil  engineer  skilled  in  railroad  affairs,  and 
one  an  expert  in  electrical  affairs,  each  of  whom  shall  make  in- 
spections directed  by  commission;  necessary  engineers,  account- 
ants, clerks  and  experts  at  compensation  fixed  by  commission. 

X08 


Each  person  appointed  by  commission  shall  take  constitutional 
oath  of  office.    Laws  igoy,  no.  250,  sees.  2-4. 
See  also  par  6yy. 

RHODE  ISLAND  Necessary  clerks,  stenographers,  accoimtants 
and  agents  at  compensation  fixed  by  commission;   one  or  more 

229  agents  who  shall  make  investigations  in  relation  to  any  public 
utility  and  report  thereon  to  commission.  Ads  igi2,  ch.  yg^, 
sec.  12. 

SOUTH  DAKOTA  Necessary  assistants  who  shall  investigate  thor- 
oughly all  complaints,  inspect  all  lines  and  exchanges,  investigate 
any  facts  and  conditions  to  be  considered  in  rendering  a  decision 
upon  complaint,  have  power  to  subpoena  witnesses,  administer 
oaths,  take  testimony,  require  the  production  and  examination 
of  all  books,  papers,  contracts  and  agreements  relating  to  the 

230  business  or  property  of  a  telephone  utility  and  report  on  evidence 
so  collected  to  commission,  all  evidence  collected  by  whom  shall 
have  same  force  and  effect  as  if  collected  by  commissioners ;  neces- 
sary experts  and  other  assistants  to  properly  ascertain  and  de- 
termine the  true  cash  value  of  railway  property.  Sess.  Laws 
igoj,  ch.  211,  sec.  j.  Sess.  Laws  igog,  ch.  28g,  sec.  12,  as  amended 
by  Sess.  Laws  igii,  ch.  218,  sec.  8. 

TEXAS  Not  more  than  two  clerks  at  not  exceeding 

$1,500  each;    other  necessary  persons  and  experts;    necessary 

231  experts  to  assist  in  ascertaining  valuation  of  railways.  Sayles' 
Civ.  Stats.  i8gy,  arts.  4^61  {5),  4570. 

VERMONT  Engineer,  accountant,  stenographer  or  other 

expert  if  commission  deems  such  service  important;  sufficient 
nimiber  of  clerks  who  shall  perform  clerical  work  of  office;  neces- 

232  sary  experts  and  temporary  employes  at  compensation  fixed 
by  commission  subject  to  approval  by  governor.  Puh.  Stats. 
igo6,  sec.  4605.    Laws  igo8,  no.  116,  sec.  20. 

VIRGINIA  Clerk,  bailiff,  other  clerks,  officers,  assistants 

233  and  subordinates  at  salaries  fixed  by  commission  who  may  be  re- 
moved by  commission.    Const.,  sec.  155. 

WASHINGTON  Expert  rate  clerk  and  statistician,  engineer 

and  inspector  of  safety  appliances,  at  not  exceeding  $3,000  each; 
expert  accountant  and  stenographer  competent  to  report  hear- 
ings, at  not  exceeding  $1,800  each;  necessary  engineers,  inspec- 

234  tors,  accoimtants,  experts,  clerks  and  other  assistants  at  compen- 
sations determined  by  commission;  special  agents  or  examiners 
who  may  administer  oaths  and  examine  witnesses.  All  em- 
ployes shall  take  an  oath  faithfully  and  impartially  to  discharge 
the  duties  of  their  several  offices.    Laws  igii,  ch.  iiy^  sees.  6,  78. 

\09l 


WISCONSIN  Clerks  and  stenographers   at   compensation 

fixed  by  commission  who  shall  perform  clerical  work  of  office; 
necessary  experts  and  temporary  'employes  at  compensation 
fixed  by  commission;  necessary  engineers,  examiners,  experts, 
clerks,  accoimtants  and  other  assistants  at  compensation  fixed 
by  commission;  agents  appointed  by  order  in  writing  to  make 
any  investigation  with  regard  to  any  public  utility,  who  in  the 
discharge  of  duties  shall  have  every  power  of  an  inquisitorial 

236  nature  granted  to  commissioner  and  same  powers  as  a  court  com- 
missioner with  regard  to  taking  depositions.  Commission  may 
delegate  to  such  agents  the  taking  of  all  testimony  bearing  upon 
any  investigation  or  hearing;  but  recommendations  made  by 
agents  shall  be  advisory  only  and  shall  not  preclude  the  taking 
of  further  testimony  nor  further  investigation.  Laws  1907,  ch. 
499,  sees.  17977^.-40,  1797711-41(1)  to  i797m-4i{3),  1797171-106  (as 
a7nended  by  Laws  1909,  ch.  450)  y   ch.  582,  see.  17 97-1  Qi). 

Experts  employed  shall  be  exempt  from  operation  of  civil 

ass  service  law  of  1905,  and  amendatory  acts.  Laws  1907,  eh.  5^2, 
sec.  17  97-1  {h). 


110 


CHAPTER   II 

General  Powers  of  Commissions 


SCOPE  NOTE 

This  chapter  includes  grants  of  power  which  give 
commissions  general  authority  to  regulate  utilities.  This 
authority  is  found  in  the  use  of  language  involving  gen- 
eral supervision,  in  comprehensive  enumeration  of 
particular  powers  in  summary  form,  and  in  grants  of 
special  powers  of  such  broad  scope  as  to  amount  to  gen- 
eral regulation.  For  provisions  incidentally  involving 
grants  of  general  power,  see  ch.  xiv,  on  commission 
procedure  and  practice.  For  general  statements  of  par- 
ticular powers,  see  ch.  iv,  on  establishment  and  change  of 
rates,  ch.  vii,  on  service,  and  ch.  viii,  on  safety  of  opera- 
tion. For  provisions  authorizing  commissions  to  examine 
equipment  and  facilities,  see  ch.  viii,  on  safety  of  opera- 
tion. For  provisions  authorizing  commissions  to  elicit 
general  information  from  utilities,  and  for  those  requir- 
ing commissions  to  submit  reports  and  make  recom- 
mendations, see  ch.  x,  on  reports.  For  provisions  pre- 
scribing general  procedure  to  be  followed  in  the  exercise 
of  commission  authority,  see  ch.  xiv,  on  commission 
procedure  and  practice.  For  provisions  prescribing 
general  rules  of  enforcement  and  judicial  review,  see 
ch.  XV,  on  enforcement.  For  general  statement  of  scope 
and  method,  see  introduction. 


Ill 


ANALYSIS 

Page 

A.  Extent  of  general  authority  of  commission 113 

1  Authority    of    commission    to    supervise    and    regulate   utilities 

designated 113 

2  Authority  of  commission  to  enter  upon  the  premises  and  ex- 

amine the  property  of  public  utilities,  and  to  hold  investigations 
with  regard  to  the  affairs  and  general  condition  thereof 136 

3  Authority  of  commission  to  examine  under  oath  the  officers, 

agents  or  employes  of  public  utilities,  and  to  inspect  the  books, 
records  and  memoranda  thereof 147 

4  Authority  of  commission  over  allied  businesses. 159 

5  Territorial  jurisdiction  of  commission 159 

6  Authority  of  pre-existing  boards  or  administrative  officers  con- 

ferred on  commission 162 

B.  Authority  of  commission  to  hold  hearings  on  proposed  changes  of  law 

and  make  recommendations  with  respect  thereto 167 

C.  Authority  of  commission  to  arbitrate  or  mediate  in  controversies  affect- 

ing public  utilities 168 

D.  Authority  of  commission  to  visit  and  confer  with  other  regulating  bodies.  171 


112 


A.    EXTENT   OF   GENERAL  AUTHORITY  OF 
COMMISSION 

I.     Authority  of  Commission  to  Supervise  and  Regulate  Utilities 

Designated. 

UNITED  STATES  Commission  may  inqvdre  into  the  management 
of  business  of  all  common  carriers  and  keep  itself  informed  as  to 

187  the  manner  and  method  in  which  same  is  conducted  and  may 
obtain  from  such  common  carriers,  full  and  complete  information 
to  enable  it  to  perform  its  duties  and  carry  out  the  objects  for 
which  it  was  created.    Act  to  Regulate  Commerce,  sec.  12. 

S88  Commission  is  hereby  authorized  and  required  to  execute 

and  enforce  the  provisions  of  this  act.     Same. 

Enumeration  of  powers  shall  not  exclude  any  power  which 

S39  commission  would  otherwise  have  in  the  making  of  an  order 
imder  provisions  in  this  act.     Same,  sec.  15. 

ALABAMA  Commission  may  supervise  and  control  trans- 

portation companies  and  express  companies,  car,  sleeping  car, 

^140  steamboat,  or  steam  packet  companies  and  also  all  telegraph  and 
telephone  lines  operating  in  more  than  one  city  or  town.  Code 
1907,  sec.  564'/. 

Commission  is  charged  with  the  duty  of  supervising,  regulat- 
ing and  controlling  all  transportation  companies  doing  business 

«4i  in  this  state,  in  all  matters  relating  to  the  performance  of  their 
public  duties,  and  their  charges  therefor  and  of  correcting  abuses 
therein  by  such  companies.     Same,  sec.  j6ji. 

Commission  may  regulate  railroad  freight  and  passenger 
tariffs,  the  locating  and  building  of  passenger  and  freight  depots, 

242  correct  abuses,  prevent  imjust  discrimination  and  extortion,  and 
require  reasonable  and  just  rates  of  freight  and  passenger  tariffs. 
Same,  sec.  5652. 

Commission  ma}^  inquire  into  the  management  of  the  busi- 
ness of  all  transportation  companies,  and  shall  keep  itself  in- 
formed as  to  the  condition,  manner,  and  method  in  which  the 

243  same  are  conducted  with  reference  to  the  security  and  accommoda- 
tion of  the  public  and  their  compliance  with  their  charters  and 
the  laws  of  the  state.  They  may  obtain  from  any  such  company 
full  and  complete  information  necessary  to  enable  commission  to 
perform  its  duties  and  carry  out  the  objects  for  which  it  was- 
created.     Same,  sec.  5656.  .  \  -^ 

113 


ARIZONA,  CALIFORNIA 

Commission  may  supervise  and  regulate  every 
public  service  corporation^  and  do  all  things,  whether  herein  spe- 
844  cifically  designated  or  in  addition  thereto,  which  are  necessary 
and  convenient  in  the  exercise  of  such  power  and  jurisdiction.' 
Ariz. — Sess.  Laws  igi2,  ch.  go,  sec.  ji,  Cat. — Stats,  igii,  ist. 
ex.  sess. J  ch.  14,  sec.  jz. 

See  also  pars.  316 1,  3162,  4518. 

COLORADO  Identical  with  pars.  237,  238.    Laws  igio,  sp. 

S4S    sess.,  ch.  5,  sec.  12. 

CONNECTICUT  The  provisions  of  this  act  shall  be  deemed  to 

be  amendatory  of  all  charters  of  public  service  companies 
chartered  by,  or  organized  under  the  laws  of,  this  state  and 
shall  repeal  all  powers  and  limitations  in  any  such  charters  in 
so  far  as  the  same  are  inconsistent  herewith;    and  all  powers 

246  and  privileges  conferred,  and  all  duties  and  obligations  im- 
posed, upon  such  companies  by  the  provisions  of  this  act  are 
conferred  or  imposed  upon  such  companies  in  the  same  manner 
and  to  the  same  extent  as  if  the  provisions  of  this  act  were 
parts  of  the  charters  of  such  companies.  Puh.  Acts  igii,  ch. 
128,  sec.  3y. 

FLORIDA  Commission  may  direct  and  control  all  matters 

847  pertaining  to  railroads  that  shall  be  for  the  good  of  the  public. 
Gen.  Stats.  igo6,  sec.  28g3. 

Commission  is  vested  with  judicial  powers  to  do  or  enforce 

»48  or  perform  any  function,  duty  or  power  conferred  upon  it  by  this 
chapter  to  the  exercise  of  which  judicial  power  is  necessary. 
Same,  sec.  2g22. 

The  powers  of  commission  shall  be  and  the  same  are 
hereby  enlarged  and  extended  so  as  to  confer  upon  com- 
mission exclusive  power  and  authority  within  this  state,  and 
it  shall  be  their  duty  to  regulate  the  rates  and  charges  and 
service  within  this  state  of  all  persons,  firms  or  corporations 

849  engaged  in  or  carrying  on  a  telephone  business  within  this  state, 
so  far  as  said  rate  and  charges  apply  to  the  business  of  said  such 
persons,  firms  or  corporations  within  this  state;  provided,  how- 
ever, that  such  rates  and  charges  must  and  shall  be  in  each 
and  every  case  just,  fair  and  reasonable.  Laws  igii,  ch.  6186, 
sec.  J. 

880  All  the  terms  and  provisions  of  this  state  as  embraced 

>*? Public  utility,"  in  California 

114 


I 


in  chapter  5,  title  4,  fourth  division  of  the  general  statutes  and 
all  acts  supplementary  thereto  or  amendatory  thereof  are  hereby 
declared  to  be  of  force  with  reference  to  all  persons,  firms  or 
corporations  carrying  on  a  telephone  business  within  this  state 
so  far  as  said  laws  are  applicable  to  such  persons,  firms  or  cor- 
porations carrying  on  telephone  business  within  this  state. 
Same,  sec.  2. 

All  persons,  firms  and  corporations  owning,  controlling  or 
operating  a  line  or  lines  of  telegraph,  whose  line  or  lines  is  or  are 
in  whole  or  in  part  in  this  state,  shall  be  under  the  control  of  com- 
mission, who  shall  have  ftill  power  to  regtdate  the  prices  to  be 
charged  and  service  to  be  rendered  by  any  person,  firm,  or  cor- 
poration owning,  controlling  or  operating  any  line  or  lines  of  tele- 

ssi  graph  for  any  service  performed  by  such  person,  firm  or 
corporation  and  all  the  powers  given  to  commission  over  railroads 
in  this  state,  and  all  the  penalties  prescribed  against  railroad 
companies  or  persons  operating  railroads,  by  and  under  the  laws 
of  Florida,  are  hereby  declared  to  be  in  force  against  corporations, 
persons,  firms  and  corporations  owning,  controlling  or  operating 
a  line  or  lines  of  telegraph.     Laws  ipii,  ch.  6187,  sec.  i. 

The  powers  of  commission  to  regulate  charges  by  corpora- 
tions, companies  and  persons  herein  referred  to  shall  apply  to 

S62  messages  sent  by  telegraph  from  one  point  to  another  in  this 
state.    Same,  sec.  2. 

GEORGIA  All  companies  or  persons  owning,  controlling, 

or  operating  a  line  or  lines  of  express  or  telegraph,  which  are  in 
whole  or  in  part  in  this  state,  shall  be  under  the  control  of  commis- 
sion, who  shall  have  full  power  to  regulate  the  prices  to  be 
charged  by  any  company  or  person  owning,  controlling,  or 
operating  any  such  line  or  lines,  for  any  service  performed  by 
such  company  or  persons,  and  all  the  powers  given  to  commis- 
sion over  railroads  in  this  state,  and  all  the  penalties  prescribed 
against  companies  or  persons  operating  railroads  by  existing 

268  laws  are  hereby  declared  to  be  of  force  against  corporations, 
companies,  or  a  person  or  persons  owning,  controlling,  or  oper- 
ating a  line  or  lines  of  express  and  telegraph,  whose  line  or 
lines  is  or  are,  wholly  or  in  part,  in  this  state,  so  far  as  said 
provisions  can  be  made  applicable  to  any  corporation,  com- 
pany, person,  or  persons,  owning,  controlling,  or  operating  a 
line  or  lines  of  express  and  telegraph.  Commission  may  also 
require  said  companies  to  locate  agencies  at  railroad  stations. 
Code  igiii  sec.  2660, 

"5 


The  powers  of  commission  to  regulate  charges  by  corpora- 
tions, companies  and  persons  herein  referred  to  shall  apply  only 
864    to  charges  by  express,  for  transportation  from  one  point  to 
another  in  this  state;  and  messages  sent  by  telegraph  from  one 
point  to  another  in  this  state.    Same,  sec.  2661. 

The  powers  and  duties  heretofore  conferred  by  law  upon 
commission  are  hereby  extended  and  enlarged,  so  that  its  aur 
thority  and  control  shall  extend  to  street  raihoads  and  street  rail- 
road corporations,  companies,  or  persons,  owning,  leasing  or  oper- 
ating street  railroads  in  this  state;  provided,  however,  that  nothing 
herein  shall  be  construed  to  impair  any  valid  subsisting  contract 
now  in  existence  between  any  municipality  and  any  such  com- 
pany; and  provided  that  this  act  shall  not  operate  as  a  repeal  of 
any  existing  mimicipal  ordinance,  nor  shall  it  impair  nor  invali- 
date any  future  contract  or  ordinance  of  any  municipality  as  to 
the  public  uses  of  such  company,  that  shall  receive  the  assent  of 
856  commission;  over  docks  and  wharves  and  corporations,  companies 
or  persons  owning,  leasing  or  operating  the  same;  over  terminals 
or  terminal  stations  and  corporations,  companies  or  persons 
owning,  leasing  or  operating  such;  cotton  compress  corporations 
or  associations  and  persons  or  companies  owning,  leasing  or 
operating  the  same;  and  over  telegraph  or  telephone  corpora- 
tions, companies  or  persons  owning,  leasing  or  operating  a  public 
telephone  service  or  telephone  lines  in  this  state;  over  gas  and 
electric  and  power  compahies,  corporations  or  persons  owning, 
leasing  or  operating  public  gas  plants,  or  electric  light  and  power 
plants  furnishing  service  to  the  public.     Same,  sec.  2662. 

Commission  shall  have  and  exercise  all  the  power  and 
authority  heretofore  conferred  upon  it  by  law,  and  shall  have  the 
general  supervision  of  all  common  carriers,  railroads,  express 
corporations  or  companies,  street  railroads,  railroad  corporations 
or  companies,  dock  or  wharfage  corporations  or  companies,  ter- 

866  minal  or  terminal  station  corporations  or  companies,  telephone 
or  telegraph  corporations  or  companies,  gas  or  electric  light  and 
power  companies;  and  while  it  may  hear  complaints,  yet  commis- 
sion is  authorized  to  perform  the  duties  imposed  upon  it  of  its 
own  initiative.     Same,  sec.  266 j. 

Commission  is  hereby  given  authority  to  examine  into  the 
affairs  of  said  companies  and  corporations  and  to  keep  informed 

867  as  to  their  general  condition,  their  capitalization,  their  franchises, 
and  the  manner  in  which  their  lines,  owned,  leased,  or  controlled, 
are  managed,  conducted  and  operated,  not  only  with  respect  to 


» 


i 


the  adequacy,  security  and  accommodation  afforded  by  their 
service  to  the  public  and  their  employes,  but  also  with  reference 
to  their  compliance  with  all  provisions  of  law,  orders  of  commis- 
sion and  charter  requirements.     Same. 

INDIANA  The  power  and  authority  is  hereby  vested  in 

commission  and  it  is  hereby  made  its  duty  to  supervise  and 
regulate  private  car  line  service  and  private  tracks  where  such 
tracks  are  operated  in  connection  with  any  railroad  in  this  state 
or  share  in  the  rates  or  earnings  of  any  common  carrier  subject 

258  to  the  provisions  of  this  act ;  to  correct  abuses  and  prevent  imjust 
discrimination  and  extortion  in  the  rates  of  freight  and  passenger 
tariffs  on  the  different  railroads  and  to  enforce  the  same  by  pro- 
ceedings for  the  enforcement  of  penalties  provided  by  law  through 
courts  of  competent  jurisdiction.     Acts  igoy,  ch.  241,  sec.  j. 

IOWA  Commission  shall  have  general  supervision  of 

all  railroads  operated  by  steam,  express  companies,  car  companies, 
sleeping  car  companies,  freight  and  freight  line  companies,  and 
any  common  carrier  engaged  in  the  transportation  of  passengers 

259  or  freight  by  railroad,  street  railroads  excepted,  and  shall  inves- 
tigate any  alleged  neglect  or  violation  of  the  laws  of  the  state  by 
any  railroad  corporation  doing  business  therein,  or  by  the  officers, 
agents  or  employes  thereof.    Code  i8gy,  sec.  2112. 

260  Also  a  provision  identical  with  par.  237.    Same,  sec.  21  jj. 
Commission  shall  have  general  supervision  of  all  express 

companies  operating  and  doing  business  in  this  state^ ;  and  shall 

261  inquire  into  any  unjust  discrimination,  neglect  or  violation  of  the 
laws  of  this  state  governing  common  carriers,  by  an  express  com- 
pany doing  business  therein,  or  by  the  officers,  agents  or  em- 
ployes thereof.    Same,  sec.  2165Q)). 

BLANSAS  Commission  shall  have  the  general  supervision 

and  control  over  all  persons,  firms,  associations  or  corporations 
in  the  performance  of  the  business  of  transportation  of  oil  by 

262  means  of  pipe  lines,  and  shall  prescribe  reasonable  rules  for  the 
conduct  thereof,  which  rules,  when  prescribed  and  deHvered  in 
writing  to  any  such  person,  firm,  association,  or  corporation, 
shall  be  printed  and  posted  up  in  a  convenient,  accessible  and  con- 

1  All  express  companies  operating  and  doing  business  in  this  state  are  declared  to  be 
common  carriers,  and  it  shall  be  the  duty  of  every  such  express  company  or  common  car- 
rier to  transport  all  property,  parcels,  money,  merchandise,  packages  and  other  things  of 
value  which  may  be  offered  to  them  for  transportation  at  a  reasonable  charge  or  rate 
therefor;  and  all  laws  so  far  as  applicable,  now  in  force  or  hereafter  enacted,  regulating 
the  transportation  of  property  by  railroad  companies,  shall  apply  with  equal  force  and 
effect  to  express  companies.     Code  1897,  sec.  2165a. 

117 


spicuous  place  at  each  office,  station  or  place  of  business  where 
such  oil  is  received  or  delivered.     Gen.  Stats,  igog,  sec.  3964. 
Commission  shall  have  the  same  powers  in  relation  to  irri- 

263  gation  companies  that  it  has  in  relation  to  railroad  companies. 
Same,  sec.  4478. 

Commission  shall  have  the  general  supervision  of  all  rail- 
roads operated  by  steam  or  electricity  or  other  motive  power 
within  the  state,  and  all  express  companies,  sleeping  car  com- 
panies, and  all  other  persons,  companies  or  corporations  doing 
business  as  common  carriers  in  this  state;  and  shall  inquire  into 
any  neglect  or  violations  of  the  laws  of  this  state  by  any  person, 

264  company  or  corporation  engaged  in  the  business  of  transportation 
of  persons  or  property  therein,  or  by  the  officers,  agents  or  em- 
ployes thereof;  and  shall  also  from  time  to  time  carefully  examine 
and  inspect  the  condition  of  each  railroad  in  this  state,  and  of  its 
equipment,  and  the  manner  of  its  conduct  and  management  with 
reference  to  the  public  safety  and  convenience;  provided,  this 
section  shall  not  be  construed  as  applying  to  street  railway  or 
electric  lines  operated  wholly  within  one  county.  Same,  sec.  7186, 

Commission  may  require  public  utilities  and  common  car- 
riers to  make  such  improvements  and  do  such  acts  as  are  or  may 

265  be  required  by  law  to  be  done  by  such  public  utility  or  common 
carrier.     Laws  igii,  ch.  238,  sec.  14. 

KENTUCKY  There  is  estabHshed  a  department  in  the  state 

government  to  be  known  as  the  railroad  commission,  which  shall 

266  see  that  the  laws  relating  to  all  railroads,  except  street  railways, 
are  faithfully  executed,  and  to  exercise  a  general  supervision  over 
the  railroads  of  the  state.    CarrolVs  Stats,  igog,  sec.  821. 

Commission  shall  examine  into  the  condition,  management, 
and  all  other  matters  concerning  the  business  of  railroads  in  this 
state,  so  far  as  the  same  pertain  to  the  relation  of  such  railroads 
to  the  public  and  whether  such  railroad  corporations,  their  offi- 

267  cers  and  employes,  comply  with  the  laws  of  the  state;  and  when- 
ever it  shall  come  to  their  knowledge,  or  they  shall  have  reason 
to  believe,  that  the  laws  affecting  railroad  corporations  in  their 
business  relations  to  the  public  have  been  violated,  they  shall 
prosecute,  or  cause  to  be  prosecuted,  the  corporations  or  persons 
guilty  of  such  violations.     Same,  sec.  826. 

LOUISIANA  The  power  and  authority  is  hereby  vested  in 

S68    commission,  and  it  is  hereby  made  its  duty  to  correct  abuses, 

and  prevent  unjust  discrimination  and  extortion  in  the  rates  for 

zz8 


the  same,  on  different  railroads,  steamboats,  and  other  water- 
craft,  sleeping  car,  express,  telephone  or  telegraph  lines  of  this 
state.     Const.,  art.  2S4. 
See  also  par.  801. 

M.PiBCTLPi^jy  Commission  shall  have  the  general  supervi- 

sion of  all  common  carriers,  railroads,  street  railroads,  railroad 
corporations,  and  street  railroad  corporations,  transporting  pas- 
sengers, freight  or  property  from  one  point  to  another  within  the 
state  and  shaU  have  power  to  and  shall  examine  the  same  or 
cause  the  same  to  be  examined  and  keep  informed  as  to  their 

269  general  condition,  their  capitalization,  their  franchises,  and  the 
manner  in  which  their  lines,  owned,  leased,  controlled  or  oper- 
ated and  managed,  are  conducted  or  operated  within  this  state 
both  with  respect  to  the  adequacy,  security  and  accoromodation 
afforded  by  their  service,  and  also  with  respect  to  their  compli- 
ance with  all  provisions  of  law  and  orders  of  commission.  Laws 
igio,  ch.  180,  sec.  ij. 

Commission  shall  have  the  general  supervision  of  all  com- 
mon carriers,  railroads,  street  railroads,  railroad  corporations 
and  street  railroad  corporations,  and  all  other  corporations  and 
persons  subject  to  the  provisions  of  this  act,  and  shall  have  the 
power  to  and  shall  examine  the  same  and  keep  informed  as  to 

270  their  general  condition,  their  capitalization,  their  franchises  and 
the  manner  in  which  their  lines,  owned,  leased,  controlled  or 
operated,  are  managed,  conducted  and  operated,  not  only  with 
respect  to  the  adequacy,  security  and  accommodation  afforded 
by  their  service,  but  also  with  respect  to  their  compliance  with 
all  provisions  of  law,  orders  of  commission  and  charter  require- 
ments.    Same,  sec.  20. 

Commission  shall  have  the  general  supervision  of  all  persons 
and  gas  and  electrical  corporations  and  corporations  having 
authority  under  any  general  or  special  law,  or  under  any  charter 
or  franchise,  to  lay  down,  erect  or  maintain  wires,  pipes,  con- 

271  duits,  ducts  or  other  fixtures  in,  over  or  under  the  streets,  high- 
ways and  public  places  of  any  municipality,  for  the  purpose  of 
fvimishing  or  distributing  gas  both  natural  and  artificial,  or  of 
furnishing  or  transmitting  electricity  for  light,  heat  or  power, 
or  maintaining  underground  conduits  or  ducts  for  electrical  con- 
ductors.    Same,  sec.  31^. 

Commission  may  examine  all  persons  and  corporations  un- 

272  der  its  supervision,  keep  informed  as  to  the  methods  employed  by 
them  in  the  transaction  of  their  business  and  see  that  their  prop- 

119 


erty  is  maintained  and  operated  for  the  seciirity  and  accommoda- 
tion of  the  public  and  in  comphance  with  the  provisions  of  the 
law  and  of  their  franchises  and  charters.     Same. 

•Commission  shall  have  within  its  discretion  general  super- 
vision of  all  persons  having  authority  imder  any  general  or  spe- 
cial law  or  under  any  charter  or  franchise  to  lay  down  or  erect 

273  or  maintain  poles,  wires,  pipes,  conduits  or  other  fixtures  in,  over 
or  under  the  streets,  highways,  and  public  places,  for  the  purpose 
of.  furnishing  facilities  for  the  transmission  of  intelligence  by 
electricity.     Same,  sec.  3q{i). 

Commission,  within  its  discretion  shall  examine  all  persons 
and  corporations  under  its  supervision  as  to  the  methods  em- 
ployed by  them  in  the  transaction  of  their  business,  see  that  their 

274  property  is  maintained  and  operated  for  the  reasonably  adequate 
accommodation  of  the  public  and  in  compliance  with  the  provis- 
ions of  law  and  of  their  franchise  and  charters.     Same,  sec.  39^4) . 

Commission  shall  have  in  addition  to  powers  herein  specified, 
mentioned  or  indicated  all  additional  implied  and  incidental 
276    powers  which  may  be  proper  and  necessary  to  effectually  cany- 
out,  perform  and  execute  all  said  powers  herein  specified,  men- 
tioned or  indicated.     Same,  sec.  52. 

MASSACHUSETTS  Gas  and  electric  commission  shall  have  gen- 
eral supervision  of  all  corporations  and  companies  engaged  in 
the  manufacture  and  sale  of  gas  or  electricity  for  light  or  heat, 

276  and  shall  make  all  necessary  examinations  and  inquiries  and 
keep  informed  as  to  the  compliance  of  the  several  corporations 
and  companies  with  the  provisions  of  law.  Rev.  Laws  igo2, 
ch.  121,  sec.  5.^ 

Highway  commission  shall  have  general  supervision  of  all 
companies  engaged  in  the  transmission  of  intelligence  by  elec- 
tricity within  this  commonwealth,  and  shall  make  all  necessary 

277  examinations  and  inquiries  and  keep  itself  informed  as  to  the 
compliance  of  all  such  companies  with  the  provisions  .of  law. 
Acts  igo6,  ch.  433,  sec.  i. 

278  Railroad  commission  shall  have  general  supervision  of  all 
railroads  and  railways,-  and  shall  examine  the  same;   and  com- 

» In  the  construction  of  sections  4  (repealed  by  Acts  1904,  ch.  435),  5,  6,  7,  8,  28,  29, 
31,  33  and  34  of  this  chapter,  the  terms  "  gas  company  "  and  "  corporation  "  shall  include 
all.  persons  owning  or  operating  works  for  the  manufacture  and  sale  of  gas  for  heating  or 
illuminating  purposes  within  the  commonwealth,  and  the  terms  "company"  and  "com- 
panies "  shall  include  all  corporations  or  individuals  engaged  in  the  manufacture  and  saJe 
of  electric  light  within  the  commonwealth.     Rev.  Laws  1902,  ch.  121,  sec.  41. 

2  No  request  or  advice  of  commission  shall  in  any  manner  impair  the  legal  duties  and 
obligations  of  a  railroad  corporation  or  street  railway  company  or  its  legal  liability  for  the 
consequences  of  its  acts  or  of  the  neglect  or  mismanagement  of  any  of  its  agents  or  serv- 
ants.    Acts  J 906,  ch.  463,  pt.  i,  sec.  14. 

120 


mission  shall  keep  itself  informed  as  to  the  condition  of  railroads 
and  railways  and  the  manner  in  which  they  are  regulated  with 
reference  to  the  security  and  accommodation  of  the  public,  and 
as  to  the  compliance  of  the  several  railroad  corporations  and 
street  railway  companies  with  their  charters  and  the  laws  of 
this  commonwealth.  The  supreme  judicial  court  shall  have 
jurisdiction  in  equity  to  enforce  compliance  with  any  order 
issued  by  commission  under  authority  of  this  section.  Acts 
IQ06,  ch.  463,  pt.  i,  sec.  6. 

Commission  shall  in  respect  to  steamship  companies  serving 
as  common  carriers  throughout  the  year  between  two  or  more 
parts  of  this  commonwealth,  perform  the  same  duties,  including 

279  the  regulation  of  rates  for  transporting  freight  or  passengers,  and 
including  other  matters  affecting  the  security  or  convenience  of 
the  public,  which  commission  is  now  or  may  hereafter  be  em- 
powered to  perform  in  the  case  of  railroads  or  railways.  Same, 
sec.  7. 

Commission  may,  upon  the  complaint  of  any  party  inter- 
ested, exercise  over  express  companies,  firms  and  persons  doing 

280  an  express  business  on  railroads  or  railways  in  this  common- 
wealth, supervisory  powers  with  regard  to  the  character  of  ac- 
commodations and  service  furnished,  and  the  reasonableness  of 
rates  charged.     Same. 

See  also  par.  2586. 

MICHIGAN  All  street  railway  corporations  organized  or 

doing  business  under  this  act  shall  be  subject  to  the  supervisory 
control  of  commission  as  provided  by  act  number  1 7 1  of  the  pub- 

281  lie  acts  of  1893,  and  commission  shall  also  have  power  to  make 
from  time  to  time  reasonable  rules  and  regulations  for  the  opera- 
tion of  the  street  railways  of  such  corporations  in  the  conduct  of 
the  suburban  express  business  they  are  authorized  to  carry  on 
by  this  act  as  amended.    Comp.  Laws  iSgj,  sec.  6466. 

When  electricity  is  generated  or  developed  by  steam,  water 
or  other  power  within  one  county  of  this  state,  and  transmitted 
and  delivered  to  the  consumer  in  the  same  or  some  other  county, 

282  then  the  transmission  and  distribution  of  same  in  or  on  the  pub- 
lic highways,  streets  and  places,  and  the  rate  of  charge  to  be 
made  to  the  consumer  for  the  electricity  so  transmitted  and  dis- 
tributed shall  be  subject  to  the  regulation  as  in  this  act  provided. 
Pub.  Acts  igog,  no.  106,  sec.  i. 

283  Commission  shall  have  control  and  supervision  of  the  busi- 

121 


ness  of  transmitting  and  supplying  electricity  as  mentioned  in 
the  first  section  of  this  act.     Same,  sec.  2. 

Commission  may  in  its  discretion  keep  informed  as  to  the 
methods  employed  by  corporations  engaged  in  the  business  of 
transmitting  and  supplying  electricity  in  the  transaction  of  their 

284  business  and  see  that  their  property  is  maintained  and  operated 
for  the  secvirity  and  accommodation  of  the  public  and  in  com- 
pliance with  the  provisions  of  law.     Same,  sec.  6. 

Commission  may  inquire  into  the  management  of  the  busi- 
ness of  any  common  carrier  and  shall  keep  itself  informed  as  to 

S86  the  manner  and  may  obtain  from  any  common  carrier  all  neces- 
sary information  to  enable  commission  to  perform  the  duties  and 
to  carry  out  the  objects  for  which  it  is  created.  Puh.  Acts  igog, 
no.  300,  sec.  28(a). 

The  police  powers  of  the  state  over  railroads,  street  railways, 
interurban  railways  and  suburban  street  railways,  whether  oper- 
ated by  steam,  electricity  or  other  motive  power,  organized  or 

286  doing  business  in  this  state,  shall  be  and  the  same  are  hereby 
vested  in  commission,  and  it  is  hereby  made  the  duty  of  commis- 
sion to  exercise  the  same  in  accordance  with  the  requirements  of 
the  law.     Same,  sec.  44. 

Commission  shall  have  the  general  control  of  all  telephones, 
telephone  lines  and  telephone  companies  within  the  state,  and 

287  shall  investigate  any  alleged  neglect  or  violation  of  the  laws  of 
the  state  by  any  person,  firm,  association  or  corporation  doing 
a  telephone  business  within  the  state,  or  by  the  officers,  agents 
or  employes  thereof.     Pub.  Acts  igii,  no.  ij8,  sec.  2. 

Commission  may  hear  and  determine  the  complaints  of  any 
person,  firm,  association,  corporation,  body  politic  or  mimicipal 

288  corporation,  against  the  rates  and  charges  for  the  service  rendered 
or  facilities  furnished,  or  complaints  as  to  service  withheld  or  re- 
fused to  be  rendered,  furnished  or  performed  by  persons,  firms 
or  corporations  within  the  terms  of  this  act.     Same,  sec.  8. 

Commission  shall  have  control  and  supervision  over  all  ex- 

289  press  companies  operating  within  this  state.  Puh.  Acts  igii, 
no.  ijg,  sec.  25(f). 

MINNESOTA  The  general  supervision  of  railroad  and  express 

290  companies  doing  business  as  common  carriers  and  of  public  ware- 
houses is  vested  in  commission.^    Rev.  Laws  igoj,  sec.  igsj. 

1  The  provisions  of  this  chapter  shall  be  liberally  construed  with  a  view  to  the  public 
welfare,  efficient  transportation  facilities,  and  substantial  justice  between  shippers  and  pas- 
sengers and  common  carriers,  and  commission  shall  at  all  times  do  everything  within  the 
scope  of  its  powers  to  secure  such  ends,  and  to  facilitate  commerce  and  the  safety,  conven- 
ience, and  comfort  of  passengers  and  employes.    Rev.  Laws  looj.  sec.  1988. 

122 


I 


i 


Commission  shall  inquire  into  the  management  of  the  busi- 
ness of  all  carriers  and  warehousemen  and  shall  keep  informed 

291  as  to  the  manner  in  which  the  same  is  conducted,  and  shall  obtain 
from  such  carriers  and  warehousemen  all  information  necessary 
for  the  performance  of  its  duties.     Same,  sec.  ig62. 

MISSISSIPPI  Commission   shall    demand  and    require    all 

proper  information  from  railroads,  express,  telegraph,  telephone, 

292  and  sleeping  car  companies  to  enable  its  members  to  intelligently 
discharge  their  duties;  and  to  require  the  same  of  all  steamboats 
and  other  carriers  for  statistical  purposes.    Code  igo6,  sec.  4848. 

Commission  shall  require  all  the  necessary  information  from 
express,  telegraph  and  sleeping  car  companies,  and  shall  make 

293  such  reasonable  orders  for  their  supervision  and  regiilation  from 
time  to  time  as  to  their  charges  and  otherwise  as  the  public  in- 
terest may  require.     Same,  sec.  48yg. 

Commission  shall  call  for  information  from  railroads  and 
other  common  carriers  from  time  to  time,  and  make  investigation 

294  to  determine  whether  the  laws  are  being  complied  with  on  their 
several  parts;  and  it  is  its  duty  to  see  that  all  laws,  civil  and  penal 
affecting  railroads  and  other  common  carriers,  are  complied  with, 
and  to  prosecute  all  offenders.     Laws  igo8,  ch.  82,  sec.  i. 

All  laws  and  parts  of  laws  giving  authority  to  commission  to 
supervise  common  carriers  shall  also  apply  to  car  service  asso- 
ciations, or  other  associations,  governing  or  controlling  cars  or 
296  rolling  stock  of  railroads  ^  at  whatever  places  they  do  business  in 
this  state,  and  the  same  penalties  fixed  by  law  for  disobeying 
mandates  or  orders  of  commission  shall  apply  to  the  car  service 
associations  as  well  as  to  common  carriers.  Laws  igo8,  ch.  8j, 
sec.  2. 

See  also  par.  808. 

MISSOURI  Commission  shall   have   general  supervision 

of  all  express  companies  operating  and  doing  business  in  this 
state;  and  shall  inquire  into  any  unjust  discrimination,  neglect 

296  or  violation  of  the  laws  of  this  state  governing  common  carriers, 
by  any  express  company  doing  business  therein,  or  by  the  officers, 
agents  or  employes  thereof.    Rev.  Stats,  igog,  sec.  3288. 

MONTANA  Commission  shall  have  general  supervision  of 

297  all  railroads,  express  companies,   car  companies,*  sleeping  car 

1  The  term  "  railroad  "  includes  and  applies  to  every  person,  firm,  association  of  per- 
sons and  company,  whether  incorporated  or  not,  who  or  which  shall  own  or  operate  a  rail- 
road as  a  common  carrier,  and  the  term  "  company  "  embraces  and  applies  to  every  person, 
firm,  association  of  persons  and  company,  whether  incorporated  or  not,  who  or  which  shall 
own  or  operate  a  telegraph  or  telephone  line,  or  do  an  express  or  sleeping  car  business. 
Laws  1908,  ch.  87,  sec.  i. 

123 


companies,  freight  and  freight  line  companies,  and  any  common 
carrier  engaged  in  the  transportation  of  passengers  or  property 
in  this  state,  in  all  matters  pertaining  to  the  duty  of  commission 
and  within  its  power  and  authority  under  the  provisions  of  law, 
and  shall  investigate  any  alleged  neglect  or  violation  of  the  laws 
of  the  state  by  any  railroad  or  other  company  above  specified 
doing  business  therein  or  by  the  officers,  agents,  or  employes 
thereof.  Commission  shall  also  have  the  power  and  authority, 
and  it  shall  be  its  duty,  to  examine  and  inspect,  or  cause  to  be 
examined  and  inspected  under  its  authority,  all  books,  records, 
files  and  papers  of  the  persons  and  companies  specified  above,  in 
so  far  as  the  same  may  be  pertinent  to  any  matter  imder  inves- 
tigation before  commission  and  to  hear  and  take  testimony  in 
the  progress  of  any  inqmry  or  investigation  authorized  by  law. 
Rev.  Code  igoy,  sec.  4378. 

NEBRASBIA  Commission  may  regulate  the  rates  and  serv- 

ices of  and  exercise  a  general  control  over  all  railroads,  express 
companies,  car  companies,  sleeping  car  companies,  freight  and 

298  freight  line  companies,  and  all  other  common  carriers  engaged 
in  the  transportation  of  freight  or  passengers  within  the  state. 
Cobbey^s  Annot.  Stats,  igog,  sec.  10650Q)). 

Commission  shall  investigate  any  and  all  cases  of  alleged 
neglect  or  violations  of  the  laws  of  the  state  by  any  railway  com- 
pany, or  common  carrier  or  by  the  officers,  agents,  or  employes 

299  thereof,  and  take  such  action  with  reference  thereto  as  may  be 
provided  herein,  or  under  the  laws  of  this  state  providing  for  the 
regulation  of  railway  companies  or  common  carriers.  Same, 
sec.  io6^o{c). 

Commission  may  issue  orders  regulating  service  and  charges 
of  all  kinds  at  all  stock  yards,  and  the  same  shall  be  enforced  in 
the  same  manner  and  under  the  same  penalties  as  orders  regu- 
soo  lating  common  carriers;  provided,  that  where  no  other  penalty 
is  provided  by  law  for  a  violation  of  any  such  order,  it  shall  be 
punishable  by  a  penalty  of  not  less  than  $100  nor  more  than  $500 
and  where  the  violation  is  a  continuing  one,  each  day  thereof 
shall  constitute  a  separate  offense.     Acts  igii,  ch.  j,  sec.  2. 

NEVADA       ^  All  duties  required  of  and  penalties  imposed 

upon  any  railroad  or  any  officer  or  agent  thereof  shall  in  so  far  as 

801  the  same  are  applicable  be  required  of  and  imposed  upon  express 
companies,  telegraph  and  telephone  companies  and  companies 
which  may  own  cars  of  any  kind  or  character  used  and  operated 

124 


as  part  of  railroad  trains  in  or  through  this  state,  and  their  officers 
and  agents,  and  commission  shall  have  the  power  of  supervision 
and  control  of  all  such  companies  to  the  same  extent  as  of  rail- 
roads. Stats,  igoy,  ch.  44,  sec.  2,  as  amended  by  Stats,  igog,  ch. 
121,  sec.  2. 

302  Also  a  provision  for  railroads  substantially  identical  with 
par.  237.    Same,  sec.  18. 

It  shall  be  the  duty  of  commission  to  supervise  and  regulate 

303  the  operations  of  public  utilities,  such  supervision  and  regulation 
to  be  in  conformity  with  the  provisions  of  this  act.  Stats,  igii, 
ch.  162,  sec.  I. 

Commission  is  invested  with  full  power  of  supervision,  regu- 
lation and  control  of  all  utilities,  subject  to  the  provisions  of  this 

304  act  and  to  the  exclusion  of  the  jurisdiction,  regulation  and  con- 
trol of  such  utilities  by  any  municipality,  town  or  village.  Same, 
sec.  3. 

NEW  HAMPSHIRE  Commission  shall  have  the  general  supervision 
of  all  railroad  corporations,  railroads,  public  utilities  and  the 

306  plants  owned,  operated  or  controlled  by  the  same,  as  far  as  nec- 
essary to  carry  into  effect  the  provisions  of  this  act.  Laws  igii, 
ch.  164,  sec.  5{a). 

Commission  shall  have  power  and  it  shall  be  its  duty  to  keep 
informed  as  to  all  railroad  corporations  in  the  state,  their  capi- 
talization, their  franchises,  and  the  manner  in  which  the  lines 

306  and  property  controlled  or  operated  by  them  are  managed  and 
operated,  not  only  with  respect  to  the  adequacy  and  accommo- 
dation afforded  by  their  service,  but  also  with  respect  to  their 
compliance  with  all  provisions  of  law,  orders  of  commission  and 
charter  requirements.     Same,  sec.  5(6). 

NEW  JERSEY  Commission  shall  have  general  supervision  and 

regulation  of,  jurisdiction  and  control  over  all  public  utilities 
and  also  over  their  property,  property  rights,  equipment,  facil- 

307  ities  and  franchises,  so  far  as  may  be  necessary  for  the  purpose  of 
carrying  out  the  provisions  of  this  act.  Laws  igii,  ch.  igj, 
sec.  75. 

Commission  may,  after  hearing,  upon  notice,  by  order  in 
writing,  require  every  public  utility  to  comply  with  the  laws  of 

308  this  state  and  any  municipal  ordinance  relating  thereto  and  to 
conform  to  the  duties  imposed  upon  it  thereby  or  by  the  provi- 
sions of  its  own  charter,  whether  obtained  under  any  general  or 
special  law  of  this  state.     Same,  sec.  lyia). 

125 


NEW  YORK  A  provision  substantially  identical  with  par. 

309  270.    Laws  igio,  ch.  480,  sec.  4^(2). 

Each  commission  shall  have  general  supervision  of  all  gas 
and  electrical  corporations  having  authority  under  any  general 
or  special  law  or  under  any  charter  or  franchise  to  lay  down,  erect 
or  maintain  wires,  pipes,  condmts,  ducts  or  other  fixtures  in,  over 

310  or  under  the  streets,  highways  and  pubHc  places  of  any  munici- 
pality, for  the  purpose  of  furnishing  or  distributing  gas  or  trans- 
mitting electricity  for  light,  heat,  or  power,  or  maintaining  under- 
groimd  conduits  or  ducts  for  electrical  conductors,  and  all  gas 
plants  and  electric  plants  owned,  leased  or  operated  by  any  gas 
corporation  or  electrical  corporation.     Same,  sec.  66{i). 

Each  commission  shall  examine  all  persons,  corporations  and 
municipalities  and  shall  keep  informed  as  to  the  methods,  prac- 

311  tices,  regulations  and  property  employed  by  them  in  the  trans- 
action of  their  business.^     Same,  sec.  66{^). 

Commission  shall  have  general  supervision  of  all  telegraph 

312  and  telephone  corporations  and  lines  and  shall  have  power  to  and 
shall  examine  same  and  keep  informed  as  to  their  general  condi- 
tion, capitaHzation,  franchises  and  manner  in  which  their  lines 
and  property  are  leased,  operated  or  managed  with  respect  to  the 
adequacy  of  and  accommodation  afforded  by  their  service  and 
also  with  respect  to  the  safety  and  security  of  their  lines  and 
property  and  to  their  compliance  with  the  law,  orders  of  commis- 
sion, franchises  and  charter  requirements.     Same,  sec.  94{2). 

Every  freight  terminal  corporation  shall  be  subject  to  the 
supervision,  control  and  regulation  of  the  public  service  commis- 
sion of  the  district  wherein  it  does  business  to  the  same  extent 
818  as  are  railroads  and  street  railroads  wholly  or  partly  within  said 
district  so  far  as  the  provisions  of  the  public  service  commission 
act  are  applicable  to  the  case  and  business  of  any  such  freight 
terminal  company.     Laws  191 1,  ch.  yyS,  sec.  156. 

NORTH  CAROLINA  Commission  shall  have  such  general  control  and 
supervision  of  all  railroad,  street  railway,  steamboat,  canal,  ex- 
press and  sleeping  car  companies  or  corporations  and  of  all  other 
companies  or  corporations  engaged  in  the  carrying  of  freight  or 

814  passengers,  of  all  telegraph  and  telephone  companies,  of  all  pub- 
lic and  private  banks  and  all  loan  and  trust  companies  or  cor- 
porations and  of  all  building  and  loan  associations  or  companies, 
necessary  to  carry  into  effect  the  provisions  of  this  chapter  and 
the  laws  regulating  such  companies,  and  to  require  all  transporta- 

*  Gas  and  electric  utilities. 

»  X26 


tion  and  transmission  companies  to  establish  and  maintain  all 
such  public  service  facilities  and  conveniences  as  may  be  reason- 
able and  just.     PeWs  Revisal  igo8,  sec.  1066. 

Every  person  or  individual  owning  and  operating  any  tele- 
phone or  telegraph  line  and  who  rents  phones  or  wires  to  persons 

315  generally  shall  be  subject  to  the  same  control  and  supervision  by 
commission  and  the  same  pains  and  penalties  under  the  law,  as 
are  corporations  owning  and  operating  telephone  and  telegraph 
lines.     Same,  sec.   iog6{i). 

All  powers  and  duties  in  every  respect  conferred  by  law  upon 
commission  with  respect  to  railroads  and  other  transportation 

316  companies  are  conferred  upon  commission  to  control  and  regulate 
telegraph,  telephone  and  all  other  companies  engaged  in  the  trans- 
mission of  messages,  in  so  far  as  they  apply.     Same,  sec.  iog'/{8). 

NORTH  DAKOTA  Commission  shall  have  the  general  supervision 
of  all  jailroads,  railroad  corporations  and  common  carriers  in  the 
state  operated  by  steam,  and  of  all  bridge  corporations  and  ferry 
companies,  the  property  of  which  is  used  or  operated  for  railroad 
purposes,  and  shall  inquire  into  any  neglect  or  violation  of  the 

317  laws  of  this  state  by  any  such  railroad,  railroad  corporation, 
bridge  corporation,  common  carrier  or  ferry  company  doing  busi- 
ness therein,  or  by  the  officers,  agents  or  employes  thereof,  and 
shall  also  from  time  to  time  carefully  examine  and  inspect  the 
condition  of  each  railroad  and  railroad  corporation  in  the  state, 
and  of  its  equipment,  and  the  manner  of  its  conduct  and  manage- 
ment, with  reference  to  the  public  safety  and  convenience.  Rev. 
Codes  1905,  sec.  j6g. 

It  shall  be  the  duty  of  and  commission  shall  have  the  au- 
thority to  inquire  into  the  management  of  the  business  of  all 
railroads,  railroad  corporations  and  common  carriers  and  shall 

318  keep  itself  informed  as  to  the  manner  and  method  in  which  the 
same  is  conducted,  and  may  obtain  from  them  full  and  complete 
information 'necessary  to  enable  commission  to  perform  the  duties 
and  carry  out  the  objects  for  which  commission  is  created  and 
which  are  contemplated  by  this  article.     Same,  sec.  4353. 

OHIO  A  provision  for  railroads  substantially  iden- 

319  tical  with  par.  237.    Code  igio,  sec.  555. 

Commission   shall   have   the   same   control   over    private 

320  tracks,  so  far  as  such  tracks  are  used  by  common  carriers  in 
connection  with  a  railroad  for  the  transportation  of  freight,  as 
it  has  over  the  tracks  of  such  railroads.    Same,  sec.  523. 

127 


Commission  shall  have  power  of  supervision  and  control  of 

321  express,  water  transportation  and  interurban  railroad  companies 
to  the  same  extent  as  railroads.     Laws  191 1,  no.  j2j,  sec.  i. 

Commission  is  vested  with  the  power  and  jurisdiction  to 

322  supervise  and  regulate  '^ public  utilities"  and  ''railroads"  and  to 
require  all  public  utilities  to  furnish  their  products  and  render 
all  service  reqmred  by  commission,  or  by  law.     Same,  sec.  5. 

The  jurisdiction,  supervision,  powers  and  duties  of  commis- 
sion shall  extend  to  every  public  utility  and  railroad,  the  plant 
or  property  of  which  lies  wholly  within  this  state,  and  when  the 

323  property  of  a  public  utility  or  railroad  lies  partly  within  and 
partly  without  this  state,  to  that  part  of  such  plant  or  property 
which  lies  within  this  state,  and  to  the  persons  or  companies  own- 
ing, leasing,  or  operating  the  same,  and  to  the  records  and  ac- 
counts of  the  business  thereof  done  within  this  state.  Same,  sec.  6. 

Commission  shall  have  general  supervision  over  all  public 
utilities  and  may  examine  same  and  keep  informed  as  to  their  gen- 
eral condition,  capitalization,  franchises  and  the  manner  in  which 

324  their  properties  are  leased,  operated,  managed  and  conducted  with 
respect  to  the  adequacy  or  accommodation  afforded  by  their 
service  and  also  with  respect  to  the  safet}^  and  security  of  the 
public  and  their  employes  and  with  respect  to  their  compliance 
with  all  provisions  of  law,  orders  of  commission,  franchises  and 
charter  requirements.     Same,  sec.  10. 

OKLAHOMA  Commission  shall  have  power  and  authority 

and  be  charged  with  the  duty  of  supervising,  regulating  and  con- 
trolling all  transportation  and  transmission  companies  in  all 

325  matters  relating  to  performance  of  their  public  duties  and  their 
charges  therefor,  of  correcting  abuses,  and  preventing  unjust  dis- 
crimination and  extortion  by  such  companies.  Const.,  art.  ix, 
sec.  18. 

Commission  shall  keep  itself  fully  informed  of  the  physical 
condition  of  all  the  railroads  of  the  state,  as  to  the  manner  in 
which  they  are  operated,  with  reference  to  the  security  and  ac- 
commodation of  the  public,  and  shall  from  time  to  time,  make 
and  enforce  such  requirements,  rules  and  regulations  as  may  be 

326  necessary  to  prevent  imjust  or  unreasonable  discrimination  and 
extortion  by  any  transportation  or  transmission  company  in 
favor  of,  or  against  any  person,  locality,  community,  connecting 
line,  or  kind  of  traffic,  in  the  matter  of  car  service,  train  or  boat 
schedule,  efficiency  of  transportation,  or  transmission,  or  other- 
wise, in  connection  with  the  public  duties  of  such  company.    Same. 

128 


Commission  may  be  vested  with  such  additional  powers, 
and  charged  with  such  other  duties  (not  inconsistent  with  this 
constitution)  as  may  be  prescribed  by  law,  in  connection  with 
the  visitation,  regulation,  or  control  of  corporations,  or  with 
827  the  prescribing  or  enforcing  of  rates  and  charges  to  be  ob- 
served in  the  conduct  of  any  business  where  the  state  has  the 
right  to  prescribe  the  rates  and  charges  in  connection  there- 
with, or  with  the  assessment  of  the  property  of  corporations, 
or  the  appraisement  of  their  franchises  for  taxation  or  with 
the  investigation  of  the  subject  of  taxation  generally.  Same, 
sec.  ig. 

OREGON  All  duties  required  of  and  penalties  imposed 

upon  any  railroad  or  any  officer  or  agent  thereof  shall  in  so  far 
as  the  same  are  applicable  be  required  of  and  imposed  upon 

sas  express,  imion  depot,  and  terminal  companies  and  their  officers 
and  agents,  and  commission  shall  have  the  power  of  supervision 
and  control  of  union  depot,  terminal  and  express  companies  to 
the  same  extent  as  railroads.     Gen.  Laws  igoy,  ch.  53,  sec.  11. 

Commission  shall  have  control  over  private  tracks  in  so  far 
as  the  same  are  used  by  common  carriers,  in  connection  with  any 

329  railroad  for  the  transportation  of  freight,  in  all  respects  the  same 
as  though  such  tracks  were  a  part  of  the  tracks  of  such  railroad. 
Same,  sec.  27. 

330  Also  a  provision  for  railroads  substantially  identical  with 
par.  237.    Same,  sec.  jg. 

Commission  is  vested  with  power  and  jurisdiction  to  super- 

331  vise  and  regulate  every  public  utility  and  to  do  all  things  neces- 
sary and  convenient  in  the  exercise  of  such  power  and  jurisdic- 
tion.    Gen.  Laws  igii,  ch.  2yg,  sec.  6. 

332  Also  a  provision  for  public  utilities  substantially  identical 
with  par.  237.    Same,  sec.  35. 

PENNSYLVANIA  Commission  may  inqmre  into  the  management 
of  the  business  of  all  common  carriers,^  including  freight  and 
passenger  rates  and  tariffs,  the  equitable  distribution  of  cars,  the 
granting  of  sidings  and  regulation  of  crossings,  the  location  of 
freight  and  passenger  stations,  the  adequacy  of  facilities  for  the 

333  carriage  and  transportation  of  freight  and  passengers,  the  use 
and  compensation  for  cars  owned  or  controlled  by  persons  other 

1  No  examination,  request,  or  advice  of  commission,  nor  any  investigation  or  report 
made  by  it,  shall  impair  in  any  manner  or  degree  the  legal  rights,  duties,  or  obligations  of 
any  common  carrier,  or  its  legal  liabilities  for  the  consequences  of  its  act,  or  of  the  neglect 
pr  mismanagement  of  any  of  its  agents  or  employes.     Laws  1907,  no.  250,  sec.  18. 

129 


than  the  carrier,  and,  generally,  all  matters  incident  to  the  per- 
formance of  their  public  duties,  and  their  compliance  with  the 
provisions  of  their  charters  and  the  laws  of  the  land.  Laws  igoy, 
no.  2jo,  sec.  y. 

The  enumeration  of  powers  shall  not  exclude  any  power 

334  which  commission  would  otherwise  have  under  the  provisions  of 
this  act.     Same,  sec.  ig. 

RHODE  ISLAND  The  provisions  of  this  act  shall  be  interpreted 
and  construed  liberally  in  order  to  accomplish  the  purposes 
thereof,  and  where  any  specific  power  or  authority  is  given  the 
commission  by  the  provisions  of  this  act  the  enumeration  thereof 
shall  not  be  held  to  exclude  or  impair  any  power  or  authority 

335  otherwise  in  this  act  conferred  on  said  commission.  The  com- 
mission shall  have,  in  addition  to  the  powers  in  this  act  specified, 
mentioned  and  indicated,  all  additional,  implied  and  incidental 
power  which  may  be  proper  and  necessary  to  effect  and  carry 
out,  perform  and  execute  all  the  said  powers  herein  specified, 
mentioned  and  indicated.    Acts  igi2,  ch.  "jg^,  sec.  58. 

SOUTH  CAROLINA  Commission  shall  have  the  general  supervision 
of  all  railroads  and  railways,  express  and  telegraph  lines  in  this 
state  operated  by  steam,  and  shall  examine  the  same  and  keep 
itself  informed  as  to  their  condition  and  the  manner  in  which  they 
are  operated,  with  reference  to  the  security  and  accommodation 

336  of  the  public  and  the  compliance  of  the  several  corporations  with 
the  provisions  of  their  charters  and  the  laws  of  the  state;  and  to 
enforce  the  provisions  of  this  chapter;  and  the  provisions  of  this 
chapter  shall  apply  to  all  railroads  and  railways  and  to  the  cor- 
porations, trustees,  receivers  or  others  owning  or  operating  the 
same.     Gen.  Stats.  igo2,  sec.  2o6y. 

Whenever  in  the  judgment  of  commission  it  shall  appear  that 
repairs  are  necessary  upon  any  railroad  or  that  any  addition  to 

• .-.  ^  the  rolling  stock  or  any  enlargement  of  or  improvement  in  the 
stations  or  station  houses  or  any  modification  in  the  rates  of  fare 
for  transporting  freight  or  passengers  or  any  change  in  the  mode 
of  operating  the  road  and  conducting  its  business  is  reasonable 

887  and  expedient  in  order  to  promote  the  security,  convenience  and 
accommodation  of  the  public,  it  shall  give  information  in  writing 
.  to  the  corporation  of  the  improvements  and  changes  which  com- 
mission adjudges  to  be  proper,  and  if  said  company  shall  fail 
within  60  days  to  adopt  the  suggestions  of  commission,  it  shall 
take  such  legal  proceedings  as  it  may  deem  expedient  and  shall 

130 


have  authority  to  call  upon  the  attorney  general  to  institute  and 
conduct  such  proceedings.     Same,  sec.  2o6g. 

All  companies  or  persons  owning,  controlling  or  operating 
a  line  or  lines  of  express  or  telegraph,  whose  line  or  lines  is  or  are 
in  whole  or  in  part  in  this  state,  shall  be  under  the  control  of 
commission,  who  shall  have  full  power  to  regulate  the  prices  to 
be  charged  by  any  company  or  person  or  persons  owning,  con- 
trolling or  operating  any  line  or  lines  of  express  and  telegraph  for 
any  service  performed  by  such  company,  person  or  persons;  and 
all  the  powers  given  to  commission  over  railroads,  and  all  the 

338  penalties  prescribed  against  railroad  companies  or  persons  oper- 
ating railroads  by  existing  laws,  are  hereby  declared  to  be  of  force 
against  corporations,  companies,  or  a  person  or  persons  owning, 
controlling  or  operating  a  line  or  lines  of  express  and  telegraph 
doing  business  in  this  state,  whose  line  or  lines  is  or  are  wholly 
or  in  part  in  this  state,  so  far  as  said  provisions  of  the  law  can  be 
applicable  to  any  corporation,  company,  person  or  persons,  own- 
ing, controlling  or  operating  a  line  or  lines  of  express  and  tele- 
graph.    Same,  sec.  2220. 

Commission  shall  have  and  exercise  the  same  jurisdiction 
and  supervisory  powers  and  control  over  and  concerning  all 
telephone  lines,  stations  and  exchanges  in  this  state,  and  over 

339  all  persons,  firms  or  corporations  owning  or  operating  such  tele- 
phone lines,  stations  or  exchanges  for  the  transmission  of  intelli- 
gence for  hire,  that  it  now  has  and  exercises  over  and  concerning 
railroads,  telegraph  and  express  lines,  and  the  persons,  firms,  or 
corporations  owning  or  operating  them  in  this  state.  Laws  igo4, 
no.  281,  sec.  I. 

For  the  piurpose  of  enforcing  and  carrying  into  effect  the 
provisions  of  this  act  and  making  such  investigations  as  may  be 
necessary  and  proper  in  enabling  it  to  discharge  the  duties  hereby 
imposed,  commission  is  hereby  invested  with  all  the  rights,  pow- 

340  ers  and  privileges  conferred  upon  it  and  charged  with  all  the 
duties  imposed  upon  it  or  its  members  as  railroad  commissioners, 
by  the  laws  of  this  state  for  like  purposes  in  regard  to  railroads, 
express  and  telegraph  lines,  and  the  persons,  firms,  or  corpora- 
tions owning  or  operating  them.     Same,  sec.  2. 

SOUTH  DAKOTA  It  shall  be  the  duty  of  commission  to  super- 
vise the  handling,  inspection,  weighing,  grading  and  storage  of 

341  grain  and  seeds,  to  establish  all  necessary  rules  and  regulations 
for  the  weighing  and  inspection  of  grain,  and  for  the  management 
of  the  public  warehouses  of  the  state,  as  far  as  such  rules  and 

131 


regulations  may  be  necessary  to  enforce  the  provisions  of  this 
article,  or  any  law  of  this  state,  in  regard  to  the  same;  to  inves- 
tigate all  complaints  of  fraud  or  oppression  in  the  grain  trade 
of  this  state,  and  to  correct  the  same  as  far  as  it  may  be  in  their 
power.    Rev.  Pol.  Code  1903,  sec.  481. 

Commission  shall  have  general  supervision  and  control  of 
all  telegraph  lines  and  exchanges  constructed  and  operated  in 
the  state,  and  it  is  the  duty  of  commission  to  inquire  into  any 
complaints  or  unjust  discriminations,  neglect  or  violation  of  the 
laws  of  state  governing  telephone  companies,  by  their  owner  or 
owners,  or  by  any  of  their  officers,  agents  or  employes.  Com- 
mission shall  have  power  to  fix  individual  rates  as  well  as  to 

342  make  schedules  of  maximum  rates,  including  joint  rates  to  be 
charged  by  any  telephone  company  or  companies  for  the  rent 
of  any  line  or  instrument  or  for  the  transmission  of  any  mes- 
sage and  for  any  service  in  connection  therewith,  and  to  make 
such  changes  therein  from  time  to  time  as  it  may  deem  reason- 
able or  necessary,  and  it  may  exercise  any  other  power  necessary 
to  a  proper  supervision  and  control  of  such  companies.  Sess. 
Laws  igoQ,  ch.  28Q,  sec.  2,  as  amended  by  Sess.  Laws  igii,  ch. 
218,  sec.  I. 

Commission  shall  have  the  general  supervision  of  all  com- 
mon carriers  in  the  state  (street  railways  excepted)  and  shall 
inquire  into  any  neglect  or  violation  of  the  laws  of  this  state 
by  any  common  carrier  doing  business  herein,  or  by  the  officers, 
agents  or  employes  thereof,  and  shall  also  from  time  to  time  care- 

343  fully  examine  and  inspect  the  condition  of  each  common  carrier 
in  this  state,  and  of  its  equipment,  and  the  manner  of  its  conduct 
and  management  with  reference  to  the  safety,  accommodation 
and  convenience  of  the  public.     Sess.  Laws  igii,  ch.  20/,  sec.  2. 

344  Also  a  provision  for  common  carriers  substantially  identical 
with  par.  318.    Same,  sec.  75. 

Commission  may  regulate  the  method  and  manner  of  con- 
346  ducting  the  business  of  transmitting  messages  by  telephone  and 
make,  fix  and  determine  all  necessary  rules  and  regulation  for 
the  conducting  of  said  business.     Same,  sec.  52. 

Commission  may  regulate  and  control  the  method  and  man- 

346  ner  of  conducting  the  express  business  in  this  state,  and  make 
rules  and  regulations  governing  the  method  of  transacting  such 
business.     Same,  sec.  55. 

VERMONT  Commission  shall  have  the  powers  of  a  court 

347  of  record,  both  at  law  and  in  equity,  in  the  determination  and 

132 


adjudication  of  all  matters  over  which  it  is  given  jurisdiction. 
It  may  render  judgments,  make  orders  and  decrees,  and  enforce 
the  same  by  any  suitable  process  issuable  by  courts  of  law  and 
equity  in  this  state.     Puh.  Stats.  iqo6,  sec.  4597. 

Commission  shall  have  general  supervision  of  all  railroads, 
whether  operated  by  steam,  electricity  or  any  other  power,  and 

348  of  the  corporations,  receivers,  trustees,  directors,  lessees  and 
other  persons  owning  or  operating  the  same,  so  far  as  may  be 
necessary  to  enable  it  to  perform  the  duties  and  exercise  the 
powers  conferred  upon  it.     Same,  sec.  4602. 

Commission  shall  have  jurisdiction  on  due  notice  to  hear, 
determine,  render  judgment  and  make  orders  and  decrees  in  all 
matters  provided  for  in  the  charter  of  any  railroad  corporation 
or  in  the  statutes  of  this  state  relating  to  railroads  and  shall  have 
like  jurisdiction  in  all  matters  respecting:  I.  The  crossing  of 
one  railroad  by  another.  II.  AU  highway  grade  crossings  and 
signs,  signals,  gates,  or  flagmen  at  the  same.  III.  The  location, 
sufficiency  and  maintenance  of  proper  depots  or  stations.  IV. 
The  construction  and  maintenance  of  proper  fences,  cattle  guards 
and  farm  crossings.     V.  The  maintenance  of  the  tracks,  frogs, 

349  switches,  gates,  signals,  culverts,  bridges  and  other  structures  of 
wood  or  iron  over  openings,  and  roUing  stock  and  equipment  so 
as  to  accommodate  the  public  and  be  operated  with  safety  and 
in  compliance  with  law.  VI.  The  connections,  time  and  times 
of  connection  between  connecting  roads  for  the  accommodation  of 
the  traveling  public  and  the  transportation  of  merchandise. 
VII.  The  issue  of  stock,  mortgage  bonds  or  the  issue  of  other 
securities  in  order  to  prevent  over-capitalization.  VIII.  Tolls 
and  rates  when  unreasonable  or  in  violation  of  law.  IX .  The  man- 
ner of  operating  railroads  and  conducting  the  business  thereof 
so  as  to  be  reasonable  and  expedient  and  to  promote  the  security, 
convenience  and  accommodation  of  the  public  and  to  prevent 
violations  of  law  and  unjust  discriminations,  usiupation  or  extor- 
tions. X.  The  organization  of  railroad  corporations  by  volun- 
tary association.  Provided,  that  nothing  in  this  section  shall 
be  construed  as  affecting  special  provisions  of  law  relating  to 
anything  herein  contained.     Same,  sec.  461 1. 

Commission  shall  have  general  supervision  of  aU  companies 

engaged  in  the  manufacture,  distribution  and  sale  of  gas  or  elec- 

360    tricity  for  lighting  or  heating,  of  all  express  companies,  and  of 

all  companies  owning  and  operating  telegraph  or  telephone  lines, 

stations  or  exchanges,  and  of  all  plants,  lines,  exchanges  and  equip- 

133 


ment  of  such  companies  used  in  or  about  the  business  carried  on 
by  them,  and  all  companies,  receivers,  trustees,  directors,  or  les- 
sees, owning  or  operating  the  same,  so  far  as  may  be  necessary 
to  enable  it  to  perform  the  duties  and  exercise  the  powers  con- 
ferred upon  it  by  this  act;  and  shall  have  supervision  of  com- 
panies engaged  in  the  manufacture,  sale  and  distribution  of 
power,  so  far  as  relates  to  their  use  or  occupancy  of  the  public 
highways  and  so  far  as  relates  to  furnishing  power  for  public  use. 
Laws  igo8,  no.  ii6,  sec.  j. 

Commission  shall  have  jurisdiction  on  due  notice  to  hear, 
determine,  render  judgment  and  make  orders  and  decrees  in  all 
matters  provided  for  in  the  charter  of  any  corporation  owning 
or  operating  any  plant,  line  or  property  subject  to  supervision 
under  this  act  and  shall  have  like  jurisdiction  in  all  matters  re- 
specting: I.  The  purity,  quantity  or  quality  of  any  product 
fiimished  or  sold  by  any  company  under  supervision  as  provided 
in  this  act,  and  may  prescribe  the  equipment  for  and  standard 
of  measurement,  pressure,  or  initial  voltage  of  such  product. 
II.  The  providing  for  each  kind  of  business  subject  to  super- 
vision under  this  act,  suitable  and  convenient  standard  commer- 

361  cial  units  of  product  or  service,  which  standards  shall  be  lawful 
for  the  purposes  of  this  act.  III.  The  manner  of  operating  and 
conducting  any  business  subject  to  supervision  under  this  act  so 
as  to  be  reasonable  and  expedient  and  to  promote  the  safety, 
convenience  and  accommodation  of  the  public.  IV.  The  price, 
toll,  rate  or  rental  charged  by  any  company  subject  to  supervision 
under  this  act  when  imreasonable  or  in  violation  of  law.  V.  The 
sufficiency  and  maintenance  of  proper  systems,  plants,  conduits, 
appliances,  wires  and  exchanges,  and  when  the  public  safety 
and  welfare  require  the  location  of  such  wires  or  any  portion 
thereof  tmdergroimd.  VI.  To  restrain  any  company  subject  to 
supervision  imder  this  act  from  violations  of  law,  imjust  dis- 
criminations, usurpation  or  extortion.  VII.  The  issue  of  stock, 
mortgages,  bonds  or  other  securities  in  order  to  prevent  over- 
capitalization as  hereinafter  provided.     Same,  sec.  p. 

VIRGINIA  Commission  shall  keep  itself  fully  informed  of 

362  the  physical  condition  of  all  the  railroads  of  the  state,  as  to  the 
security  and  accommodation  of  the  public.     Const.,  sec.  ij6{b). 

Commission  shall  have  power  and  be  charged  with  the  duty 

368    of  supervising,  regulating  and  controlling  all  transportation  and 

transmission  companies  with  all  matters  relating  to  the  perform- 

134 


t 


ance  of  their  public  duties  and  their  charges  therefor,  and  of 
correcting  abuses  therein  by  such  companies.     Same. 

Commission  may  be  vested  with  such  additional  powers, 
and  charged  with  such  other  duties  (not  inconsistent  with  this 
constitution)  as  may  be  prescribed  by  law,  in  connection  with 
the  visitation,  regulation  or  control  of  corporations,  or  with  the 
prescribing  and  enforcing  of  rates  and  charges  to  be  observed 
t54  in  the  conduct  of  any  business  where  the  state  has  the  right  to 
prescribe  the  rates  and  charges  in  connection  therewith,  the 
assessment  of  the  property  or  corporations,  or  the  appraisement 
of  their  franchises,  for  taxation,  or  with  the  investigation  of  the 
subject  of  taxation  generally.    Same,  sec.  i56{c). 

Commission  may  require  by  its  rules,  regulations  and  re- 
quirements all  corporations  chartered  under  the  laws  of  this  state 

365  and  all  foreign  corporations  doing  business  in  this  state  to  perform 
and  discharge  any  public  duty  or  requirement  imposed  upon  such 
corporations  by  the  constitution  or  by  law.  Pollard^ s  Code  1904, 
sec.  ijija{i6). 

It  shall  be  the  duty  of  commission  to  make  inquiry  and  ex- 
amination from  time  to  time  into  the  acts  and  proceedings  of 
railroad,  canal,  steamboat,  steamship,  or  other  transportation 
companies  and  other  chartered  common  carriers  and  transmis- 

366  sion  companies,  their  officers  and  agents,  for  the  purpose  of  ascer- 
taining whether  an5rthing  has  been  done  or  omitted  in  violation 
or  contravention  of  their  charters,  or  of  the  law.  Same,  sec. 
1 31  jail  y). 

WISCONSIN  All  duties  required  of  and  penalties  imposed 

upon  any  railroad  or  any  officer  or  agent  thereof  shall,  in  so  far 

as  the  same  are  applicable,  be  required  of  and  imposed  upon  ex- 

.    press  companies  and  telegraph  companies  and  their  officers  and 

357  agents,  and  commission  shall  have  the  power  of  supervision  and 
control  of  express  companies  and  telegraph  companies  to  the 
same  extent  as  railroads.  Laws  igo^,  ch.  362,  sec.  i797-2{a), 
as  amended  by  Laws  1907,  ch.  582. 

Commission  shall  have  control  over  private  tracks  in  so  far 
as  the  same  are  used  by  common  carriers,  in  connection  with  any 

368  railroad  for  the  transportation  of  freight,  in  all  respects  the  same 
as  though  such  tracks  were  a  part  of  the  track  of  said  railroad. 
Same,  sec.  lygy-iiia). 

369  Also  a  provision  for  railroads  substantially  identical  with 
par.  237.    Same,  sec.  I'/gy-iS. 

13s 


Commission  is  vested  with  power  and  jurisdiction  to  super- 

360  vise  and  regulate  every  public  utility  and  to  do  all  things  neces- 
sary and  convenient  in  the  exercise  of  such  power  and  jurisdiction. 
Laws  igoy,  ch.  4Qg,  sec.  iygym-2. 

361  Also  a  provision  for  public  utilities  substantially  identical 
with  par.  237.    Same,  sec.  lygym-jy. 

2.  Authority  of  Commission  to  Enter  upon  the  Premises  and 
Examine  the  Property  of  Public  Utilities,  and  to  Hold  Investi- 
gations with  Regard  to  the  Affairs  and  General  Condition  ^  Thereof. 

UNITED  STATES  Commission  shall  investigate  any  complaint 
forwarded  by  the  railroad  commissioner  or  railroad  commission 
of  any  state  or  territory  at  the  request  of  such  commissioner  or 
commission,  and  the  interstate  commerce  commission  may  at  any 
time  institute  an  inquiry,  on  its  own  motion,  in  any  case  and  as 
to  any  matter  or  thing  concerning  which  a  complaint  is  author- 
ized to  be  made,  to  or  before  commission  by  any  provision  of  this 

362  act,  or  concerning  which  any  question  may  arise  under  any  of  the 
provisions  of  this  act,  or  relating  to  the  enforcement  of  any  of 
the  provisions  of  this  act.  Commission  shall  have  the  same  pow- 
ers and  authority  to  proceed  with  any  inquiry  instituted  on  its 
own  motion  as  though  it  had  been  appealed  to  by  complaint  or 
petition  under  any  of  the  provisions  of  this  act,  including  the 
power  to  make  and  enforce  any  order  or  orders  in  the  case,  or  re- 
lating to  the  matter  or  thing  concerning  which  the  inquiry  is  had 
excepting  orders  for  the  pajmient  of  money.  Act  to  Regulate 
Commerce,  sec.  ij. 

Commission  may  by  one  or  more  of  the  commissioners,  pros- 
ecute any  inquiry  necessary  to  its  duties,  in  any  part  of  the  United 
366    States,  into  any  matter  or  question  of  fact  pertaining  to  the  busi- 
ness of  any  common  carrier.     Same,  sec.  ig. 

1  Certain  provisions  for  the  special  examination  of  railroad  companies  are  found  as  follows: 
ALABAMA  Upon  the  application  in  writing  of  a  director  of  or  persons  owning  one- 

fiftieth  part  of  the  entire  paid-in  capital  stock  of  any  corporation  operating  a  railroad,  or  of 

363  the  bonds  or  other  evidences  of  indebtedness  of  such  corporation,  equal  in  amount  to  one- 
fiftieth  part  of  its  capital  stock,  commission  shall  make  an  examination  into  the  books  and 
financial  condition  of  such  corporation,  and  may  in  its  discretion,  cause  the  results  of  its  ex- 
amination to  be  published  in  one  or  more  newspapers  in  this  state.     Code  1907,  sec.  5665. 

MASSACHUSETTS  Upon  the  application  in  writing  of  a  director,  or  of  any  person  or  persons 
who  own  one-fiftieth  part  of  the  paid-in  capital  stock  of  a  corporation  or  company  which 
operates  a  railroad  or  railway,  or  who  own  the  bonds  or  other  evidences  of  indebtedness  of 

364  such  corporation  or  company  equal  in  amount  to  one-fiftieth  part  of  its  paid-in  capital  stock, 
commission  shall  examine  the  books  and  the  financial  condition  of  said  corporation  or  com- 
pany, and  shall  cause  the  result  of  such  examination  to  be  published  in  one  or  more  daily 
newspapers  in  the  city  of  Boston.     Acts  1906,  ch.  463,  Pt.  i,  sec.  16. 

SOUTH  CAROLINA  On  the  application  in  writing  of  a  director  or  of  any  person  or  persons 
owning  one-fiftieth  part  of  the  entire  paid-in  capital  stock  of  any  corporation  operating  a  rail- 

366  road,  or  the  bonds  or  other  evidences  of  indebtedness  of  such  corporation  equal  in  amount  to 
one-fiftieth  part  of  its  paid-in  capital  stock,  commission  shall  make  an  examination  into  the 
books  of  said  corporation.     Gen.  Stats.  1902,  sec.  2080. 

136 


ALABAMA  Commission  or  one  or  more  members  thereof 

shall  visit  the  county  seat  of  every  county  in  the  state  at  least 
once  a  year,  for  the  purpose  of  hearing  and  receiving  complaints, 
and  examining  and  inquiring  into  and  securing  information  as  to 
the  conduct  and  management  of  the  several  railroads  in  the 
state,  connections  with  other  railroads,  and  accommodations  of 

867  passengers,  delays  and  inconveniences  by  reason  of  improper  con- 
nection, the  provisions  as  to  depots,  switch  tracks,  sidings,  pas- 
senger stations,  and  accommodations  required  by  law.  Notice 
shall  be  given  of  the  time  when  such  visits  will  be  made  by  cir- 
cular letters  to  the  several  county  officers  for  at  least  two  weeks 
before  such  visit,  and  also  by  publication  in  a  newspaper  when 
commission  shall  so  order.     Code  igoy,  sec.  5644. 

ARIZONA  Commission,  and  the  several  members  thereof, 

may  inspect  and  investigate  the  property,  books,  papers,  business, 
methods,  and  affairs  of  any  corporation  whose  stock  shall  be 
offered  for  sale  to  the  public,  and  of  any  public  service  corpora- 
tion doing  business  within  the  state,  and  for  the  purpose  of  com- 

S68  mission  and  of  the  several  members  thereof,  shall  have  the  power 
of  a  court  of  general  jurisdiction  to  enforce  the  attendance  of 
witnesses  and  the  production  of  evidence  by  subpoena,  attach- 
ment, and  punishment,  which  said  power  shall  extend  throughout 
the  state.  Commission  may  take  testimony  under  commission 
or  deposition  either  within  or  without  the  state.  Const.,  art. 
XV,  sec.  4. 

See  also  par.  2466. 

ARKANSAS  See  par.  2563. 

CALIFORNIA  See  par.  2466. 

COLORADO  Commission  may  by  any  one  or  more  of  the 

commissioners,  prosecute  any  inquiry  necessary  to  its  duties  in 
any  part  of  the  state  and  in  any  matter  or  question  of  fact  pertain- 

369  ing  to  the  business  of  any  common  carrier,  or  to  violations  of  this 
act  by  shipper,  consignee,  applicant  for  cars  or  agent  or  either 
of  them,  subject  to  the  provisions  of  this  act.  Laws  igio,  sp. 
sess.,  ch.  5,  sec.  18. 

CONNECTICUT  The  commissioners  and  their  employes  engaged 

in  the  performance  of  their  duties  as  such  may,  at  all  reasonable 

870  times,  enter  any  premises,  buildings,  cars,  or  other  places  belong- 
ing to  or  controlled  by  any  public  service  company,  and  any 
person  obstructing  or  in  any  way  causing  to  be  obstructed  or 

137 


hindered  any  member  or  employe  of  commission  in  the  perform- 
ance of  his  duties  as  such  shall  be  fined  not  more  than  $200,  or 
imprisoned  not  more  than  six  months,  or  both.  Puh.  Acts  igii, 
ch.  128,  sec.  8. 

See  also  pars.  2f;66,  2568,  2'jg6. 

FLORIDA  See  pars.  418,  622,  2yg8,  3^03,  3720. 

GEORGIA  Commission  may  through  any  one  or  more  of 

its  members,  at  its  direction,  make  personal  visitation  to  the 
offices  and  places  of  business  of  said  companies  for  the  pur- 
pose of  examination,  and  commissioner  or  commissioners  may 

371  examine  the  agents  and  employes  of  said  companies,  under  oath 
or  otherwise,  in  order  to  procure  information  deemed  by  the 
commissioners  necessary  to  their  work  or  of  value  to  the  public. 
Code  iQii,  sec.  2663.- 

See  also  par.  2800. 

ILLINOIS  Commission  shall  examine  into  conditions  and 

management  and  all  other  matters  concerning  the  business  of 
railroads,  other  common  carriers  and  warehouses  so  far  as  the 
same  pertains  to  the  relation  of  such  roads,  other  common  carriers 
and  warehouses  to  the  public  and  to  the  accommodation  and  se- 
curity of  persons  doing  business  therewith  and  whether  such  rail- 
road companies,  other  common  carriers  and  warehouses,  their 

372  officers,  directors,  managers,  lessees,  agents  and  employes  comply 
with  the  laws  of  this  state  now  in  force  or  which  shall  hereafter  be 
in  force  concerning  them.  And  whenever  it  shall  come  to  their 
knowledge  either  upon  complaint  or  otherwise  or  they  shall  have 
reason  to  believe  that  any  such  law  or  laws  have  been  or  are  being 
violated  they  shall  prosecute  or  cause  to  be  prosecuted  all  cor- 
porations or  persons  guilty  of  such  violation.  Revisal  igog,  ch. 
114,  sec.  lyj. 

Commission  may  inquire  into  the  business  management  of 
all  common  carriers,  their  passenger  and  freight  rates,  distribu- 
tion of  cars,  granting  of  sidings,  location  of  passenger  and  freight 
stations,  use  of  and  compensation  for  cars  owned  or  controlled 
by  them,  the  relations  of  such  carriers  to  the  public,  and  of  the 
878  public  and  public  corporations  to  common  carriers;  the  inter- 
relation between  such  common  carriers,  in  so  far  as  any  such  sub- 
ject so  to  be  inquired  into  shall  affect  or  have  any  bearing  upon 
the  transportation  of  persons  or  property  between  points  wholly 
within  the  state;  it  may  receive  complaints  from  shippers  for  loss 
or  damage  to  property  in  the  hands  of  common  carriers  and  make 
inquiry  as  to  methods  and  manner  of  adjustment  of  said  claims; 

138 


and  commission  may  make  and  enforce  such  orders  as  will  secure 
the  safety  and  accommodation  of  persons  and  property  being 
transported  by  common  carriers  and  as  will  prevent  unnecessary 
or  unreasonable  obstruction  to  or  interfere  with  the  tracks,  yards, 
locomotives  and  cars  of  common  carriers.     Same,  sec.  ig6. 

Commission  may  hear  and  determine  aU  questions  arising 
under  this  act,  upon  giving  due  notice  to  all  persons,  individuals 

374  or  corporations  interested  therein,  and  enter  an  order  in  rela- 
tion thereto.    Same,  sec.  igj. 

See  also  pars.  2805,  3937- 

INDIANA  Commission  shall  have  authority  to  inquire 

into  the  management  of  the  business  of  all  common  carriers 
and  shall  keep  itself  informed  as  to  the  manner  and  method 

375  in  which  the  same  is  conducted,  and  shall  have  the  right  to 
obtain  from  such  carrier  full  and  complete  information  neces- 
sary to  enable  it  to  perform  the  duties  and  carry  out  the  objects 
for  which  it  was  created.    Acts  1907,  ch.  241,  sec.  17. 

See  also  par.  2945. 

IOWA  See  par.  2575. 

KANSAS  See  par.  264. 

KENTUCKY  See  par.  2814. 

LOUISIANA  See  par.  2576. 

MAINE  See  par.  2577. 

MARYLAND  Commission  may,  of  its  own  motion,  investi- 

gate or  make  inquiry  in  a  manner  to  be  determined  by  it,  as  to 
any  act  or  thing  done  or  omitted  to  be  done  by  any  common  car- 
rier, railroad,  street  railroad,  railroad  or  street  railroad  corpora- 

376  tion,  or  other  corporation,  and  commission  must  make  such  in- 
quiry in  regard  to  any  act  or  thing  done  or  omitted  to  be  done  by 
any  such  common  carrier  or  corporation  in  violation  of  any  pro- 
vision of  law,  or  in  violation  of  any  order  of  commission.  Laws 
1910,  ch.  180,  sec.  22. 

Commission  may  examine  the  books  and  affairs  of  any  such 
corporation  or  person  (gas,  electric,  telephone,  and  telegraph 

377  utilities),  and  compel  the  production  before  it  of  books  and 
papers  pertaining  to  the  affairs  being  investigated  by  it.  Same, 
sec.  31H,  39. 

Commission  may  either  through  its  members  or  inspectors 

878    or  employes  duly  authorized  by  it,  enter  in  or  upon  and  inspect 

the  property,   buildings,  plants,   factories,   power  houses  and 

139 


offices  of  any  telephone  and  telegraph  corporations  or  persons 
engaged  in  such  business.     Same,  sec.  39. 

See  also  pars.  269,  2jo,  2^2,  274,  ^25,  2470,  2472. 

MASSACHUSETTS  Upon  the  appHcation  of  the  board  of  aldermen 
of  a  city  or  the  selectmen  of  a  town  within  which  a  part  of  any 
railroad  or  railway  is  located,  alleging  grounds  of  complaint,  com- 
mission shall  examine  the  condition  and  operation  of  such  rail- 
road or  railway;  and  if,  upon  the  petition  in  writing  of  20  or  more 
legal  voters  in  such  city  or  town  to  the  board  of  aldermen  or  se- 
lectmen to  make  such  application,  they  refuse  so  to  do,  they  shall 
indorse  upon  the  petition  the  reason  for  such  refusal,  and  return 
it  to  the  petitioners,  who  may,  within  ten  days  thereafter,  present 

379  it  to  commission,  and  it  may  thereupon  make  such  examination 
as  if  called  upon  by  the  board  of  aldermen  or  selectmen,  first 
giving  to  the  petitioners  and  to  the  corporation  or  company 
reasonable  notice  in  writing  of  the  time  and  place  of  making  such 
examination.  If,  upon  such  examination,  it  appears  to  com- 
mission that  the  complaint  is  well  fotmded,  it  shall  so  adjudge, 
and  shall  in  writing  inform  the  corporation  or  company  which 
operates  such  railroad  of  its  adjudication.  Ads  1906,  ch.  463, 
pt.  i,  sec.  10. 

See  also  pars.  2y6,  2yy,  2y8,  2586,  2^8y,  2588. 

MICfflGAN  See  pars.  287,  935,  2589. 

MINNESOTA  One  of  the  commissioners  shall  visit  the  sta- 

tions on  the  lines  of  each  railroad  as  often  as  practicable,  giving 
20  days'  notice  in  the  local  newspapers  of  the  time  and  place  of 
each  visit,  and  personally  inquire  into  the  management  of  such 
railroad  business,  and  at  least  once  each  year  shall  visit  every 
coimty  having  a  railroad  station,  and  inquire  into  the  manage- 
ment of  such  railroad  business.  For  this  purpose  all  common 
carriers  and  their  officers  and  employes  are  required  to  furnish 

880  such  commissioner  with  reasonable  and  proper  facilities.  Each 
commissioner,  in  his  official  capacity  may  pass  free  on  all  rail- 
road trains  and  at  all  suitable  times  may  enter  and  remain  in  the 
cars,  offices,  or  depots  of  any  railroad  company;  and  whenever, 
in  the  judgment  of  commission,  any  common  carrier  fails  in  any 
respect  to  comply  with  the  laws,  or  any  repairs  are  necessary 
upon  its  railroad,  or  any  reasonable  addition  to  or  change  of  its 
stations,  station  houses,  or  transfer  facilities^  or  change  in  the 
mode  of  operating  its  road  or  conducting  its  business,  will  pro- 
mote the  security  or  convenience  of  the  public,  commission,  by  a 

140 


written  order,  to  be  served  as  a  summons  in  civil  actions,  shall  re- 
quire compliance  with  such  law,  or  the  making  of  such  repairs, 
additions  or  change.  In  case  of  disobedience  of  said  order  com- 
mission may  cause  an  action  to  be  commenced  for  the  enforce- 
ment thereof.  Rev.  Laws  ipoj,  sec.  ig62. 
See  also  par.  gji. 

MISSISSIPPI  Commission  shall  from  time  to  time  as  far  as 

practicable  visit  all  stations  on  the  various  lines  of  railroad,  and 
investigate  the  manner  in  which  bulletin-boards  are  posted  and 
kept,  how  reception-rooms  are  arranged  and  kept,  how  rates  for 
freight  and  passengers  are  posted,  and  such  other  things  as  it 
may  deem  proper  to  investigate;  and  it  shall  take  notice  of  every 
neglect  or  failure  by  a  railroad  company  to  comply  with  the  law 

381  and  the  rules,  orders  and  regulations  of  commission,  and  enforce 
a  strict  observance  thereof.  It  shall  be  unlawful  for  commission 
or  any  one  of  them  to  give  notice  to  any  railroad  official  or  any 
one  else  of  a  purpose  at  any  given  day  or  date  to  make  examina- 
tion of  any  railroad  as  above  required.  Fiuther,  it  shall  be  imlaw- 
ful  for  commission  or  any  one  of  them  to  travel  as  the  guest  of  any 
railroad  official  on  a  private  car  on  a  tour  of  inspection.  Code 
igo6,  sec.  4858. 

One  or  more  of  commissioners,  at  least  once  in  every  year, 
shall  visit  each  coimty  through  which  a  railroad  runs,  and  there 
remain  at  least  one  entire  day;  and  he  or  they  shall  inquire  into 
all  violations  of  law  relating  to  common  carriers,  hear  all  com- 
plaints, may  simimon  persons  to  give  evidence  thereof  and  shall 
note  all  complaints  and  evidence  of  violations  of  law;  and  there- 
after commission  shall  institute  proceedings  as  the  law  directs  for 
such  violations.  At  such  visits  commission  shall  inquire  into  the 
needs  of  the  community,  and  to  what  extent,  if  any,  it  is  discrim- 

382  inated  against  in  freight,  passenger,  express  or  telegraph  rates; 
and  if  they  find  that  the  products  of  a  community  are  improfitable 
to  the  producers  by  reason  of  excessive  transportation  charges,  or 
the  people  of  the  commimity  otherwise  unjustly  discriminated 
against,  commission  shall  take  such  action  as  is  authorized  by  law 
to  remedy  the  evil.  And  commission  shall  at  all  times  exercise 
its  power  in  the  direction  of  affording  cheap  transportation  of 
agricultural  products  raised  in  this  state  to  other  parts  thereof 
where  they  may  be  sold.  The  commissioners  shall  give  ten  days' 
notice  of  their  visits  reqmred  by  this  section  to  the  public  in  the 
commimity  to  be  visited.     Laws  igo8,  ch.  8j,  sec.  i. 

See  also  pars.  2g4,  2jgo,  2jgi. 

141 


MISSOURI  Commission,  either  upon  its  own  motion  or 

upon  the  complaint  of  any  individual,  firm,  company  or  corpora- 
tion, may  investigate  all  charges  of  any  violations  of  any  of  the 

383  provisions  of  this  article,  and  shall  have  power  to  send  for  persons 
and  papers,  administer  oaths  and  examine  and  compel  the  atten- 
dance of  witnesses,  and  if,  in  its  judgment,  there  be  reasonable 
evidence  of  any  violation  of  any  of  the  provisions  of  this  article 
commission  shall  transmit  such  evidence  to  the  attorney  general 
of  the  state.     Rev.  Stats,  igog,  sec.  32go. 

Commission  shall  examine  into  the  condition  and  manage- 
ment and  all  matters  concerning  the  business  of  warehouses  and 
elevators  under  this  article  in  this  state  so  far  as  the  same  may 
pertain  to  the  relations  of  such  warehouses  and  elevators  to  the 
public  and  to  the  security  and  convenience  of  persons  doing  busi- 

384  ness  therewith,  and  to  ascertain  whether  the  officers,  directors, 
managers,  lessees,  agents  and  employes  comply  with  the  laws  of 
this  state  now  in  force  or  to  be  in  force  concerning  such  ware- 
houses or  elevators.  Whenever  it  shall  come  to  their  knowledge 
or  they  shall  have  reason  to  believe  that  any  law  governing  the 
public  warehouses  or  elevators  of  this  state  under  this  article  is 
being  or  has  been  violated  they,  shall  cause  to  be  prosecuted  or 
prosecute  all  persons  guilty  of  such  violation.     Same,  sec.  6818, 

To  enable  commission  efficiently  to  perform  its  duties  imder 
this  article,  it  is  hereby  made  its  duty  to  cause  one  or  more  of  its 
386  ntimber,  at  least  once  in  six  months,  to  visit  each  warehouse  or 
elevator  in  this  state,  and  to  personally  inquire  into  the  manage- 
ment of  such  warehouse  or  elevator  business.     Same. 

See  also  pars.  g6i,  2^g2. 

MONTANA  See  par.  2gy. 

NEBRASKA  See  pars,  2gg,  2^g3, 

NEW  HAMPSHIRE  Commission  may  either  through  its  members 
or  duly  authorized  experts,  inspect  any  of  the  property  or  equip- 
ment, books  or  records  of  any  railroad  corporations,  including  the 
right  for  such  inspection  purpose  to  ride  upon  any  locomotive  or 

386  train  while  in  service,  and  to  have  upon  reasonable  notice  a  spe- 
cial locomotive  and  inspection  car  for  a  physical  inspection  once 
annually  of  all  the  lines  and  stations  of  each  railroad  corporation 
in  the  state.     Laws  igii,  ch.  164,  sec.  5(6). 

Also  a  provision  for  railroad  corporations  and  public  utilities 

387  identical  with  par.  376.    Same,  sec.  10  {b). 

See  also  par.  g8j. 

142 


k 


NEW  JERSEY  Commission  may  investigate,  upon  its  own 

388  initiative  or  upon  complaint  in  writing,  any  matter  concerning 
any  public  utility.     Laws  igii,  ch.  ig^,  sec.  i6(a). 

See  also  par.  2^13. 

NEW  MEXICO  See  pars.  3543,  3544. 

NEW  YORK  Provisions  for  common  carriers,  railroad  and 

street  railroad  corporations,  and  telegraph  or  telephone  corpora- 

389  tions,  identical  with  par.  376.     Laws  igio,  ch.  480,  sees.  48(1), 

96(1). 

Each  commission  may  either  through  its  members  or  re- 
sponsible engineers  or  inspectors  duly  authorized  by  it,  enter  in 
or  upon  and  inspect  the  property,  equipment,  buildings,  plants, 
factories,  power  houses  and  offices  of  any  such  corporations  or 
persons,  including  the  right  for  such  inspection  purpose  to  ride 
upon  any  freight  locomotive  or  train,  or  any  passenger  locomotive 

390  or  train  while  in  service;  and  may  have  upon  reasonable  notice 
the  use  of  an  inspection  locomotive  or  special  locomotive  and  in- 
spection car  for  a  physical  inspection  once  annually  of  all  the 
lines  and  stations  of  each  common  carrier  imder  its  supervision. 
Same,  sec.  4^(2). 

Each  commission  may  either  through  its  members  or  iij- 
spectors  or  employes  duly  authorized  by  it,  enter  in  or  upon  and 

391  inspect  the  property,  buildings,  plants,  factories,  power  houses, 
ducts,  conduits  and  offices  of  any  of  such  corporations,  persons  or 
municipalities.     Same,  sec.  66{8). 

392  Each  commission  may  enter  and  inspect  the  plant  of  a  gas 
or  electrical  corporation  wherever  situated.     Same,  sec.  yd. 

Commission  may  either  through  its  members  or  inspectors 
or  employes  duly  authorized  by  it  enter  in  or  upon  and  inspect 

393  the  property,  equipment,  buildings,  plants,  factories,  offices, 
apparatus,  machines,  devices  and  lines  of  any  telegraph  or  tele- 
phone corporation.     Same,  sec.  g4{2). 

See  also  pars.  3og,  311,  312,  ggo,  2484. 

NORTH  CAROLINA  Commission  shall  from  time  to  time  visit  the 
places  of  business,  and  investigate  the  books  and  papers  of  all 
corporations,  firms,  or  individuals  engaged  in  the  transportation 

394  of  freight  or  passengers  and  the  transmission  of  messages  either 
by  telegraph  or  telephone,  to  ascertain  if  all  the  orders,  rules  and 
regulations  of  commission  have  been  complied  with.     PelVs  Re- 

,   visal  igo8,  sec.  1064. 

See  also  pars.  2jgj,  2goo. 

143 


NORTH  DAKOTA  Commission  shall  at  such  times  as  the  gover- 
nor may  direct  examine  any  particular  subject  connected  with 
the  condition  and  management  of  railroads  and  report  to  him  in 
writing  its  opinion  thereon  with  its  reasons  therefor.  Commis- 
sion shall  also  investigate  and  consider  what,  if  any,  amendment 

396  or  revision  of  the  railroad  laws  of  this  state  the  best  interests  of 
the  state  demand  and  it  shall  make  a  special  biennial  report  on 
such  subject  to  the  governor.  All  such  reports  made  to  the  gover- 
nor shall  be  by  him  transmitted  to  the  legislative  assembly  at  the 
earliest  practicable  time.  Rev.  Codes  1905,  sec.  4366. 
See  also  pars.  31J,  ji8. 

OHIO  If  upon  complaint,  or  otherwise,  commission 

has  reason  to  believe  that  a  railroad  or  any  officer,  agent,  or  em- 
ploye thereof  has  violated  or  is  violating  any  law  of  the  state,  or 

S96  if  it  has  reason  to  believe  that  differences  have  arisen  between 
citizens  of  the  state  and  any  railroad  operating  as  a  common  car- 
rier within  the  state,  it  shall  examine  into  the  matter.  Code 
igio,  sec.  601. 

Commission  either  through  its  members  or  inspectors  or 
employes  duly  authorized  by  it  may  enter  in  or  upon,  for  pur- 

^97    poses  of  inspection,  any  property,  equipment,  building,  plant, 
factory,  office,  apparatus,  machinery,  device  and  lines  of  any 
public  utility.     Laws  1911,  no.  525,  sec.  10. 
See  also  pars.  J24,  2jgy,  3472. 

OREGON  See  pars.  227,  2526,  2600,  2771. 

PENNSYLVANIA  The  commissioners  or  any  of  them  in  the  per- 
formance of  their  official  duties  or  any  person  in  the  office  of  com- 
mission and  specially  delegated  by  commission  for  that  purpose, 

398    may  enter  and  remain  during  business  hours  in  the  cars,  offices 
and  depots,  and  upon  the  railroads  of  any  common  carrier,  and 
may  examine  books  and  affairs  of  any  such  common  carrier. 
Laws  1907,  no.  250,  sec.  10. 
See  also  pars.  228,  333. 

RHODE  ISLAND  The  commissioners,  the  attorney  general  and 
the  agents  of  commission,  as  provided  in  section  13,  while  en- 
gaged in  the  performance  of  their  duties,  may  at  all  reasonable 

S90  times  enter  any  premises,  buildings,  cars,  plant  or  equipment,  or 
other  places  belonging  to  or  controlled  by  any  public  utility,  and 
inspect  the  same  or  any  part  thereof,  and  any  person  obstructing,  • 
hindering  or  in  any  way  causing  to  be  obstructed  or  hindered  any 

144 


commissioner  or  the  attorney  general  or  any  agent  of  commission 
in  the  performance  of  his  duties,  or  who  shall  refuse  to  permit  any 
commissioner,  the  attorney  general  or  any  agent  of  commission 
entrance  into  any  premises,  buildings,  cars,  plant  or  equipment, 
or  other  places  belonging  to  or  controlled  by  any  public  utility, 
in  the  performance  of  his  duties  as  such,  shall  be  deemed  guilty 
of  a  misdemeanor  and  fined  not  more  than  $500  nor  less  than 
$200.     Acts  igi2,  ch.  ygj,  sec.  14. 

SOUTH  CAROLINA  Upon  complaint  and  application  of  the  mayor 
and  aldermen  or  council  of  any  city,  towp  or  county  board  cf  com- 
missioners of  any  county  within  which  any  part  of  any  rail- 
road is  located,  it  shall  be  the  duty  of  commission  to  make  an 
examination  of  the  condition  and  operation  thereof.  Before 
proceeding  to  make  such  examination  in  accordance  with  such 
application,  commission  shall  give  to  the  applicants  and  the  rail- 
road corporation  reasonable  notice,  in  writing,  of  the  time  and 
place  of  entering  upon  the  same.     If,  upon  such  examination,  it 

400  shall  appear  to  commission  that  the  complaint  alleged  by  the 
applicant  is  we^l  founded,  they  shall  so  adjudge,  and  shall  inform 
the  corporation  operating  such  railroad  of  their  adjudication,  in 
the  same  manner  as  is  provided  in  section  2068  of  this  chapter; 
and  the  company  failing  for  60  days  after  such  notice  to  remove 
the  cause  of  such  complaint,  it  shall  make  report  thereof  to  the 
general  assembly  for  such  action  as  it  may  deem  expedient ;  or  if 
there  be  necessity  for  prompt  action,  it  may  take  such  legal  pro- 
ceedings as  may  be  proper,  and  the  attorney  general  shall  insti- 
tute and  conduct  such  proceedings.    Gen.  Stats.  igo2,  sec.  2oyo. 

It  shall  be  the  duty  of  commission  when  necessary  to  in- 
vestigate so  much  of  the  books  and  papers  of  all  the  railroad 
companies  doing  business  in  this  state  as  it  may  think  proper, 
to  ascertain  if  the  rules  and  regulations  have  been  complied 

401  with,  and  to  make  personal  \dsitations  of  railroad  offices, 
stations  and  other  places  of  business  for  the  purpose  of  examina- 
tions and  to  make  rules  and  regulations  concerning  such  exam- 
inations, which  rules  and  regulations  shall  be  observed  and  obeyed 
as  other  rules  and  regulations.     Same,  sec.  2082. 

See  also  pars.  jj6,  2gi8,  J020. 

SOUTH  DAKOTA  Commission  shall  cause  every  warehouse  and* 
the  business  thereof,  and  the  mode  of  conducting  the  same,  to 

402  be  inspected  at  such  times  as  commission  may  order  by  one  or 
more  members  of  commission,  who  shall  report  in  writing  to 

145 


commission  the  result  of  such  examination;  and  the  property, 
books,  records,  accounts,  papers  and  proceedings  kept  at  each 
warehouse,  so  far  as  they  relate  to  their  condition,  operation  or 
management,  shall  at  all  times  during  business  hours  be  sub- 
ject to  the  examination  and  inspection  of  commission;  and  com- 
mission may,  in  all  matters  arising  under  the  provisions  of  this 
law,  exercise  the  power  to  subpoena  and  examine  witnesses 
conferred  upon  commission  by  law  in  relation  to  railroad  com- 
panies. Rev.  Pol.  Code  iQoj,  sec.  4Q0. 
See  also  pars.  343,  344,  2774. 

TENNESSEE  The   commissioners   shall  inform  themselves 

fully  and  thoroughly  in  regard  to  the  affairs  of  every  railroad 

403  company  doing  business  in  this  state.  Acts  iSgy,  ch.  10,  sec. 
8(1),  as  amended  by  Acts  igoy,  ch.  3go,  sec.  2. 

See  also  par.  zgzg. 

TEXAS  ,  It  shall  be  the  duty  of  commission  to  investi- 

gate all  complaints  against  railroad  companies  subject  hereto,  and 

404  to  inforce  all  laws  of  this  state  in  reference  to  railroads.  Sayles^ 
Civ.  Stats.  I  Spy,  art.  4jyg{i). 

VERMONT  Commission  shall  at  least  once  annually  ex- 

amine the  roadbed,  bridges,  depots,  rolling  stock  and  equipment 
of  every  railroad  in  the  state,  and  shall,  by  examinations  and 

405  investigations,  keep  itself  informed  as  to  the  condition,  manner 
of  operation  and  safety  of  all  railroads,  and  shall  see  that  they 
comply  with  the  provisions  of  their  charters  and  the  laws  of  this 
state.     Pub.  Stats.  igo6,  sec.  4602. 

The  members  of  commission  and  the  clerk  may  enter  during 
business  hours  the  offices,  depots,  cars  and  upon  the  railroads  of 

406  any  person  or  corporation  operating  a  railroad  within  this  state, 
so  far  as  may  be  necessary  in  the  discharge  of  their  duties.  Same, 
sec.  4605. 

Commission  may,  whenever  it  deems  the  public  good  re- 

407  quires,  examine  the  plants,  equipment,  lines,  exchanges,  stations 
and  property  subject  to  its  supervision  under  this  act.  Laws 
igo8,  no.  116,  sec.  3. 

The  members  of  commission  and  any  person  in  its  employ 

408  and  by  its  direction  may  during  business  hours  enter  the  offices, 
plants,  exchanges  an4  stations  or  upon  the  land  or  lines  of  any 
company  subject  to  the  provisions  of  this  act.     Same,  sec.  4. 

146 


VIRGINIA  Commission  shall  examine  all  the  railroads  and 

the  works  and  eqmpment  thereof,  and  the  works  and  eqmpment 
of  all  other  transportation  companies,  and  keep  itself  informed  as 
to  their  physical  condition  and  the  manner  in  which  they  are 
operating  with  reference  to  the  sectirity  and  accommodation  of  the 

409  public,  and  the  compliance  of  the  several  companies  with  the  pro- 
vision of  their  charters  and  the  laws  of  the  commonwealth.  And 
the  provision  of  this  section  shall  apply  to  all  railroads  and  other 
transportation  companies,  and  to  the  corporations,  trustees, 
receivers,  or  other  person  owning  or  operating  the  same.  Pol- 
lard's  Code  1904,  sec.  ijija{i8). 

Upon  the  complaint  and  application  of  the  mayor  or  coimcil 
of  any  city  or  town,  or  the  board  of  supervisors  of  any  coimty 
within  which  any  part  of  any  transportation  or  transmission  line 
is  located,  it  shall  be  the  duty  of  commission  to  make  an  exami- 
nation of  the  physical  condition  and  operation  thereof.  Before 
proceeding  to  make  such  examination  in  accordance  with  such 
application,  commission  shall  give  to  the  applicants  and  the  cor- 
poration or  person  operating  any  such  line  reasonable  notice  in 

410  writing,  of  the  time  and  place  of  entering  upon  the  same.  I 
upon  such  examination  it  shall  appear  to  commission  that  the 
complaint  alleged  by  the  applicant  is  well  fotmded,  it  shall  so  ad- 
judge and  shall  notify  such  corporation  or  person  of  its  adjudica- 
tion; and  if  such  corporation  or  person  fail  for  60  days  after  such 
notification  to  remove  the  cause  of  complaint,  commission  shall 
impose  the  fines  and  penalties  provided  by  the  constitution  and 
by  law  for  its  failure  to  obey  the  orders  and  requirements  of  com- 
mission, and  enforce  the  collection  thereof  by  its  judgments  and 
processes.     Same,  sec.  iji3a{2i). 

See  also  pars.  jj6,  2gjy. 

WISCONSIN  See  par.  2539,  2775. 

J.  Authority  of  Commission  to  Examine  Under  Oath  the  Officer s. 
Agents  or  Employes  of  Public  Utilities  and  to  Inspect  the  Books, 
Records  and  Memoranda  Thereof. 

UNITED  STATES      See  pars.  2686,  2752. 

ALABAMA  Commission  or  any  commissioner,  or  any  per- 

son or  persons  employed  by  commission  for  that  purpose  shall, 

411  upon  demand,  have  the  right  to  inspect  the  books  and  papers  of 
any  transportation  company,  and  to  examine  under  oath  any 
oflBcer,  agent  or  employe  of  such  transportation  company  in  rela- 

147 


tion  to  its  business  and  affairs;  provided,  that  any  person  other 
than  one  of  the  commissioners  who  shall  make  such  demand  shall 
produce  his  authority  to  make  such  inspection  under  the  hand  of 
the  commissioner,  or  of  the  secretary,  and  under  the  seal  of 
commission.     Code  igoy,  sec.  5661. 

See  also  pars.  ^6j,  2688,  2y^4,  ^ggg. 

ARIZONA  Commission,    each    commissioner    and    each 

officer  and  person  employed  by  commission  shall  have  the  right, 
at  any  and  all  times,  to  inspect  the  accounts,  books,  papers  and 
documents  of  any  public  service  corporation,^  and  commission, 
each  commissioner  and  any  officer  of  commission  or  any  employe 
authorized  to  administer  oaths  shall  have  power  to  examine  under 
■    oath  any  officer,  agent  or  employe  of  such  public  service  corpo- 

412  ration  in  relation  to  the  business  and  affairs  of  such  public  service 
corporation;  provided,  that  any  person  other  than  a  commissioner 
or  an  officer  of  commission  demanding  such  inspection  shall  pro- 
duce under  the  hand  and  seal  of  commission  his  authority  to 
make  such  inspection;  and,  provided,  further,  that  a  written 
record  of  the  testimony  or  statement  so,  given  under  oath  shall 
be  made  and  filed  with  commission.  Sess.  Laws  igi2,  ch.  go, 
sec.  58. 

See  also  pars.  j68,  32g8. 

ARKANSAS  The  commissioners  or  either  of  them  shall 

have  the  right  at  such  times  as  they  may  deem  necessary  to  in- 
spect the  books  and  papers  of  any  railroad  company,  and  to 
examine  under  oath  any  officer,  agent  or  employe  of  such  railroad 
in  relation  to  the  business  and  affairs  of  the  same.     If  any  rail- 

413  road  shall  refuse  to  permit  the  commissioners  or  either  of  them 
to  examine  its  books  and  papers,  said  railroad  company  shall 
for  each  offense  pay  the  state  not  less  than  $100  nor  more  than 
$500  for  each  day  it  shall  so  fail  and  refuse.  Kirby^s  Digest  igo4, 
sec.  6821. 

Any  officer,  agent  or  employe  of  any  railroad  company  who 
shall  upon  proper  demand  fail  or  refuse  to  exhibit  to  the  com- 

414  missioners  or  either  of  them  any  book  or  paper  of  such  railroad 
company  which  is  in  the  possession  or  under  the  control  of  such 
officer,  agent  or  employe  shall  be  deemed  guilty  of  a  misde- 
meanor, and  upon  conviction  in  any  court  having  jurisdiction 

^  The  records,  books,  and  files  of  all  public  service  corporations,  state  banks,  building 
and  loan  associations,  trust,  insurance,  and  guaranty  companies  shall  be  at  all  times  liable 
and  subject  to  the  full  visitorial  and  inquisitorial  powers  of  the  state,  notwithstanding  the 
immunities  and  privileges  secured  in  the  declaration  of  rights  of  this  constitution  to  per- 
sons, inhabitants,  and  citizens  of  this  state.    Const.,  art.  xtv.  sec.  x6. 

148 


thereof  shall  be  fined  for  each  offense  a  stim  not  less  than  $ioo 
nor  more  than  $500.     Same,  sec.  6822. 

CALIFORNIA  Identical  with  par.  412,  except  that  ''public 

416  service  corporation"  reads  "public  utility."  Stats.  1911,  ist.  ex. 
sess.,  ch.  14,  sec.  58. 

See  also  pars.  3298,  4517. 

COLORADO  Commission  shall  at  all  times  have  access  to 

all  accounts,  records  and  memoranda  kept  by  common  carriers, 
and  it  may  employ  special  agents  or  examiners  who  shall  have 
authority,  under  order  of  commission,  to  inspect  and  examine 
any  and  all  accounts,  records  and  memoranda  kept  by  such  com- 
mon carriers.  This  provision  shall  apply  to  receivers  of  common 
carriers  and  operating  trustees.  Laws  1910,  sp.  sess.,  ch.  5, 
sec.  18. 

In  case  of  failure  or  refusal  on  the  part  of  any  common 
carrier,  receiver  or  trustee  to  submit  such  accoimts,  records  or 
memoranda  as  are  kept  to  the  inspection  of  commission,  or  any 

417  of  its  authorized  agents  or  examiners,  such  common  carriers, 
receivers  or  trustees  shall  forfeit  to  the  state  the  simi  of  $500  for 
each  such  offense  and  for  each  and  every  day  of  the  continuance 
of  such  offense,  such  forfeitures  to  be  recoverable  in  the  same  man- 
ner as  other  forfeitures  provided  for  in  this  act.     Same. 

CONNECTICUT  See  par.  2795. 

FLORIDA  Commission  shall  investigate  the  books  and 

papers  of  all  railroads,  railroad  companies  and  common  carriers  to 
ascertain  if  the  rules  and  regulations  have  been  complied  with, 
and  they  may  make  personal  visitation  of  railroad  offices,  sta- 

418  tions  and  other  places  of  business,  for  the  purpose  of  examination 
and  to  make  niles  and  regulations  concerning  such  examinations, 
which  rules  and  regulations  shall  be  observed  and  obeyed  as  other 
rules  and  regulations.     Gen.  Stats.  1906,  sec.  2904. 

Commissioners  shall  have  full  power  and  authority  to 
examine  all  agents  and  employes  of  railroads,  railroad  com- 
panies and  common  carriers  and  other  persons  under  oath  or 
otherwise  in  order  to  procure  the  necessary  information  to 

419  make  just  and  reasonable  rates  for  freight  and  passenger  tariffs 
and  to  ascertain  if  rules  and  regulations  are  observed  or  vio- 
lated and  to  make  necessary  and  proper  rules  and  regulations 
concerning  such  examinations,  which  rules  and  regulations  shaill 

149 


be  obeyed  and  enforced  as  other  rules  and  regulations  provided 
for  in  this  chapter.    Same,  sec.  2go^. 
See  also  par.  2^/55. 

GEORGIA  It  shall  be  the  duty  of  commission  to  investi- 

gate the  books  and  papers  of  all  the  railroad  companies  doing 
business  in  this  state,  to  ascertain  if  the  rules  and  regulations 
have  been  complied  with,  and  to  make  personal  visitation  of 
railroad  offices,  stations,  and  other  places  of  business  for  the 
purpose  of  examination,  and  to  make  rules  and  regulations 
concerning  such  examination,  which  rules  and  regulations  shall 
be  observed  and  obeyed  as  other  rules  and  regulations;   com- 

420  mission  shall  also  have  full  power  and  authority  to  examine  all 
agents  and  employes  of  said  railroad  companies,  and  other  per- 
sons, under  oath  or  otherwise,  in  order  to  procure  the  neces- 
sary information  to  make  just  and  reasonable  rates  of  freight 
and  passenger  tariffs,  and  to  ascertain  if  such  rules  and  reg- 
ulations are  observed  or  violated,  and  to  make  necessary  and 
proper  rules  and  regulations  concerning  such  examinations,  and 
which  rules  and  regulations  herein  provided  for  shall  be  obeyed 
and  enforced  as  all  other  rules  and  regulations  provided  for  in 
this  article.    Code  igii,  sec.  2633. 

See  also  pars,  j/i,  26g3,  3298. 

ILLINOIS  The  property,  books,  records,  accounts,  papers 

and  proceedings  of  all  railroad  companies,  other  common  carriers, 
and  all  public  warehousemen,  shall  at  all  times  during  business 
hours  be  subject  to  the  examination  and  inspection  of  commis- 
sioners, and  they  shall  have  power  to  examine  under  oath  or  af- 
firmation any  and  all  directors,  officers,  managers,  agents  and 
employes  of  any  such  railroad  corporation  or  other  common 
carrier,  and  any  and  all  owners,  managers,  lessees,  agents  and 
employes  of  such  public  warehouses  and  other  persons,  con- 
cerning any  matter  relating  to  the  condition  and  management  of 
such  business.  The  commissioners  or  any  of  them  in  the  per- 
formance of  their  official  duties,  or  any  person  specially  delegated 

421  by  commission  for  that  purpose,  may  enter  and  remain  during 
business  hours  in  the  cars,  offices,  depots,  and  upon  the  railroads 
or  in  vessels,  or  in  and  upon  any  of  the  instrumentalities  used  by 
common  carriers  in  and  about  the  transportation  of  persons  or 
property  between  points  wholly  within  the  state,  and  may  ex- 
amine the  books  and  affairs  of  such  common  carrier,  and  in  all 
proceedings  before  commission  under  a  complaint  duly  filed,  or 

ISO 


upon  a  proceeding  begun  by  commission  upon  its  own  motion, 
commission  shall  have  power  to  require  by  subpoena  the  at- 
tendance and  the  testimony  of  witnesses  and  the  production  of 
all  books,  papers,  tariffs,  contracts,  agreements  and  documents 
■  relating  in  any  matter  embraced  within  such  complaint  or  pro- 
ceedings. Information  so  obtained  shall  not  be  admitted  in 
evidence  or  used  in  any  other  proceeding.  Revisal  igog,  ch.  114, 
sec.  lyg. 

See  also  par.  2806. 

INDIANA  In  any  matter  or  controversy  under  investi- 

gation by  commission,  the  commissioners  or  either  of  them,  or 
such  person  or  persons  as  they  may  employ  therefor,  shall  have 
the  right  at  such  times  as  they  may  deem  necessary  to  inspect 
the  books  and  papers  or  other  documents  of  any  railroad  com- 
pany, and  to  examine  under  oath  any  officer,  agent,  or  employe 
of  such  railroad  company  in  relation  to  the  business  and  affairs 
of  the  same ;  and  commissioners  or  either  of  them,  or  such  other 
person  as  may  be  employed  by  them,  shall  also  have  the  right  to 
exercise  like  powers  as  to  all  other  persons  or  corporations 

422  having  books,  papers,  documents  or  information  bearing  upon 
such  investigation.  If  any  railroad  company,  or  such  other  per- 
son or  corporation,  shall  refuse  to  permit  the  commissioners  or 
either  of  them,  or  any  person  authorized  thereto,  to  examine  its 
books  and  papers  or  other  docimients,  such  railroad  company,  or 
other  person  or  corporation,  shall,  for  each  offense,  pay  to  the 
state  not  less  than  $100  nor  more  than  $500  for  each  day  it,  or  he, 
shall  so  fail  or  refuse;  provided,  that  any  person  other  than  one 
of  commissioners  who  shall  make  any  such  demands  shall  produce 
his  authority,  under  the  seal  of  commission,  to  make  such  in- 
spection.    Burns^  Annot.  Stats.  igo8,  sec.  ^jjg. 

Any  officer,  agent  or  employe  of  any  railroad  company,  or 
any  other  person  or  corporation,  who  shall  upon  proper  demand 
fail  or  refuse  to  exhibit  to  the  commissioners  or  either  of  them, 
or  any  person  authorized  to  investigate  the  same,  any  book,  paper 

423  or  other  documents  of  such  railroad  company,  or  any  other  per- 
son, or  corporation,  which  is  in  the  possession  or  imder  the  con- 
trol of  such  officer,  agent  or  employe,  shall  be  deemed  guilty  of  a 
misdemeanor,  and  upon  conviction  in  any  court  having  jurisdic- 
tion thereof,  shall  be  fined  for  each  offense  a  sum  not  less  than 
$100  and  not  to  exceed  $500.     Same,  sec.  553g{a). 

IOWA  Commission  shaU  have  power  in  the  discharge 

of  its  duties  to  examine  any  of  the  books,  papers  or  documents  of 

151 


any  railway  corporation,  or  to  examine  under  oath  or  otherwise 
any  officer,  director,  agent  or  employe  thereof;  to  issue  subpoe- 
nas— the  cost  thereof  as  well  as  the  investigation  to  be  first  paid 
by  the  state,  upon  the  certificate  of  commission — and  to  enforce 
obedience  thereto  in  the  performance  of  its  duties  as  courts  of  law 

424  may.  Any  person  who  shall  wilfully  obstruct  it  or  its  members 
in  the  performance  of  their  duties,  or  who  shall  refuse  to  give 
any  information  within  his  possession  that  may  be  required  by 
them  within  the  line  of  their  duty,  shall  be  guilty  of  a  mis- 
demeanor, and  upon  conviction  may  be  fined  not  exceeding 
$1000  in  the  discretion  of  the  court.     Code  iSgy,  sec.  211^. 

KANSAS  The  commissioners  shall  have  power  in  the 

discharge  of  the  duties  of  their  office  to  examine  any  of  the  books, 
papers  or  documents  of  any  such  company  or  corporation^  or  to 
examine  imder  oath  or  otherwise  any  officer,  director,  agent 
or  employe  thereof,  or  any  other  person.  The  commissioners  or 
either  of  them  are  empowered  to  issue  subpoenas  and  to  ad- 
minister oaths;  and  any  person  who  may  wilfully  obstruct  com- 

425  missioners  or  either  of  them  in  the  performance  of  their  duties, 
or  who  may  refuse  to  give  any  information  within  their  pos- 
session that  may  be  required  by  commissioners  Within  the  line  of 
their  duty,  shall  be  deemed  guilty  of  a  misdemeanor,  and  shall  be 
liable  on  conviction  thereof  to  a  fine  of  not  less  than  $100  nor 
more  than  $1000  in  the  discretion  of  the  court;  the  cost  of  such 
subpoenas  and  investigation  to  be  paid  by  the  state  on  the  cer- 
tificate of  commission.     Gen.  Stats,  ipog,  sec.  yiSy. 

See  also  par.  2^/58. 

KENTUCKY  Commission  shall  have  the  power  to  examine 

imder  oath  any  person  or  the  directors,  officers,  agents  and 
employes  of  any  railroad  corporation  concerning  the  management 
of  its  affairs,  and  to  obtain  information  pursuant  to  this  law;  and 
shall  have  the  power  to  issue  subpoenas  for  the  attendance  of 
witnesses  and  to  administer  oaths;  and  any  person  who  shall 

426  neglect  or  refuse  to  obey  the  process  of  subpoenas  issued  by  com- 
mission, or  who  being  in  attendance  shall  refuse  to  testify,  shall 
be  deemed  guilty  of  a  misdemeanor,  and  upon  conviction  thereof 
shall  be  punished  for  each  offense  by  a  fine  of  not  less  than  $50 
nor  more  than  $100,  or  by  imprisonment  of  not  less  than  ten  nor 
more  than  50  days,  or  both,  in  the  discretion  of  the  jury.  Car- 
rolVs  Stats.  iQog,  sec.  827. 

'  See  par.  264  for  utilities  to  which  this  provision  applies. 


MARYLAND  Commission    and    each    commissioner    shall 

have  power  to  examine  all  books,  contracts,  records,  documents 
and  papers  of  any  corporation,  company,  association,  person  or 
partnership  subject  to  its  supervision,  in  so  far  as  they  relate  to 
the  matters  over  which  said  commission  has  jurisdiction  and  con- 

427  trol,  and  by  subpoena  duces  tecum,  to  compel  production  thereof. 
In  lieu  of  requiring  production  of  originals  by  subpoena  duces 
tecum,  the  commission  or  any  commissioner,  may  require  sworn 
copies  of  any  such  books,  records,  contracts,  documents  and  pa- 
pers, or  parts  thereof,  to  be  filed  with  it.  Laws  igio,  ch.  i8o, 
sec.  IS- 

Commission  and  each  commissioner  shall  have  power  to 
examine  all  books,  contracts,  records,  docimients  and  papers  of 
any  person  or  corporation  subject  to  its  provision  [supervision?], 

428  and  by  subpoena  duces  tecum  to  compel  the  production  thereof. 
In  lieu  of  requiring  production  of  originals  by  the  subpoena 
duces  tecum,  commission  or  any  commissioner  may  require 
sworn  copies  of  any  such  books,  records,  contracts,  documents 
and  papers,  or  parts  thereof,  to  be  filed  with  it.     Same,  sec.  20. 

See  also  pars.  ^77,  27 ^g,  32^8. 

MASSACHUSETTS  See  pars.  364,  2700,  2704,  2yo6,  2707,  3008, 
3010. 

MICHIGAN  Commission  or  any  commissioner  or  any  per- 

son or  persons  employed  by  commission  for  that  purpose  shall 
upon  demand  have  the  right  to  inspect  the  books  and  papers  of 
any  common  carrier,  and  to  examine  under  oath  any  officer, 
agent  or  employe  of  such  common  carrier  in  relation  to  any 

429  matter  which  is  the  subject  of  complaint  or  investigation;  pro- 
vided, that  any  person  other  than  one  of  commissioners  who 
shall  make  such  demand  shall  produce  his  authority  to  make 
such  inspection  under  the  hand  of  commission  or  its  secretary, 
and  under  the  seal  of  commission.  Pub.  Acts  igog,  no.  300, 
sec.  28(c). 

See  also  pars.  2g^4,  32gg. 


I 


MINNESOTA  It  is  hereby  made  the  duty  of  commission  to 

keep  itself  informed  as  to  whether  common  carriers  in  this  state 
are  granting  rebates  or  in  other  particulars  are  failing  to  comply 
with  the  laws  of  this  state.  For  this  purpose  power  is  conferred 
on  commission,  or  its  agent,  to  at  any  proper  time  make  thorough 
and  full  examination  of  all  books,  vouchers,  papers  and  accounts 

480    of  any  and  all  common  carriers  of  this  state.     Any  officer,  agent 

153 


or  employe  of  any  railroad  company  in  charge  of  such  books, 
vouchers,  papers  and  accounts  who  shall  fail  or  refuse  to  submit 
the  same  for  examination  of  commission,  or  its  agent,  shall  be 
guilty  of  misdemeanor.  The  provisions  of  this  section  shall  in 
no  way  interfere  with  the  duties  of  the  public  examiner.  Laws 
1905,  ch.  'ijd,  sec.  8. 
See  also  par.  641. 

MISSOURI  The  property,  books,  records,  accounts,  papers 

and  proceedings  of  all  such  warehousemen  or  elevatormen  as 
are  contemplated  by  this  article  shall  at  all  times  during  busi- 
ness hours  be  subject  to  the  examination  and  inspection  of 

481  commission  or  any  one  of  commissioners,  and  they  or  any  one 
of  them  shall  have  power  to  examine,  under  oath,  any  owner, 
manager,  lessee,  agent  or  employe  of  a  public  warehouse,  and 
any  other  person,  concerning  the  condition  and  management  of 
such  warehouse  or  elevator.  Rev.  Stats,  igog,  sec.  68ig. 
See  also  pars.  811,  3528. 

MONTANA  See  par.  297. 

NEBRASKA  The  chairman  and  each  of  the  commissioners 

shall  have  power  to  administer  all  oaths,  certify  to  all  official 
acts,  to  compel  the  attendance  of  witnesses,  to  examine  any  of 
the  books,  papers,  docimients  and  records  of  any  railway  company 
or  common  carrier,  or  have  such  examination  made  by  any  per- 
son or  persons  that  they  may  employ  for  that  purpose,  to  compel 
the  production  of  such  books,  papers,  docimients  and  records,  or 

432  to  examine  imder  oath  or  otherwise  any  officer,  director,  agent  or 
employe  of  any  railway  company  or  common  carrier  or  any  other 
person;  provided,  that  any  person  or  persons  employed  by  com- 
mission to  examine  said  books,  papers,  documents  or  records  shall 
produce  his  authority  under  the  hand  and  seal  of  commission  to 
make  such  examination.  Cohhey^s  Annot.  Stats.  1909,  sec. 
io6so(j). 

See  also  pars.  2761,  2762,  2763,  3300. 

NEVADA  For  railroads,  identical  with  par.  429.     Stats. 

433  1907,  ch.  44,  sec.  i8{b). 

See  also  pars.  2764,  287^,  2958,  2960. 

NEW  HAMPSHIRE  See  pars.  386,  983. 

NEW  MEXICO  See  par.  2882. 

NEW  YORK  A  provision  identical  with  par.  428.     Laws 

484    1 910,  ch.  480,  sec.  4S{3)' 

154 


Commission  and  each  commissioner  shall  have  power  to 

examine  all  books,  contracts,  records,  documents  and  papers  of 

435    any  telegraph  or  telephone  corporation,  and  by  subpoena  duces 

tectim  to  compel  the  production  thereof,  or  of  duly  verified  copies 

of  the  same  or  of  any  of  them.     Same,  sec.  94{3). 

See  also  pars,  ggo,  2^22,  2^6^,  2y6y,  2y68,  3300. 

NORTH  CAROLINA  See  par.  394. 

NORTH  DAKOTA  The  commissioners  shall  have  power  in  the 
discharge  of  the  duties  of  their  office  to  examine  any  of  the  books, 
papers,  or  doctmients  of  any  such  person,  company  or  corpora- 
tion, or  to  examine  under  oath  or  otherwise  any  officer,  director, 
agent  or  employe  thereof,  and  any  person  who  may  wilfully  ob- 
struct commissioners  in  the  performance  of  their  duties,  or  who 
may  refuse  to  give  any  information  within  his  possession  that  may 
be  required  by  commissioners  within  the  line  of  their  duty,  shall 
be  deemed  guilty  of  a  misdemeanor,  and  shall  be  liable  on  con- 
viction thereof  to  a  fine  not  exceeding  $1000  in  the  discretion  of 
the  court.     Rev.  Codes  1905,  sec.  4364. 

lOHIO  A  provision  for  railroads  substantially  iden- 

437  tical  with  par.  429.    Code  1910,  sec.  558. 

Commission  or  its  duly  authorized  agent  may  examine  any 
officer,  agent  or  employe  of  a  railroad  or  of  such  other  companies, 

438  under  oath,  relative  to  the  stock  which  he  has  in  any  of  such 
companies,  and  his  pecuniary  interests  direct  or  indirect  there- 
in.   SamCy  sec.  603. 

Commission  shall  have  power  either  through  its  members 
or  by  inspectors  or  employes  duly  authorized  by  it  to  examine 
tmder  oath  at  an}?-  time  and  for  assisting  commission  in  the  per- 
formance- of  any  powers  or  duties  of  commission,  any  officer, 
agent  or  employe  of  any  public  utility  or  railroad  or  any  other 
person  in  relation  to  the  business  and  affairs  of  such  utility,  and 
to  compel  the  attendance  of  such  witness  for  the  purpose  of  such 
examination.     In  case  of  disobedience  on  the  part  of  any  person 

439  or  persons  to  comply  with  any  order  relating  to  the  production 
or  examination  of  books,  contracts,  records,  documents  and 
papers,  or  in  case  of  the  refusal  of  any  person  to  testify  to  any 
matter  regarding  which  he  may  be  lawfully  interrogated  by  any 
such  member,  employe  or  inspector  of  commission  at  any  time 
or  place,  it  shall  be  the  duty  of  the  common  pleas  court  of  any 
county,  or  any  judge  thereof,  on  application  of  any  member  of 
commission,  to  compel  obedience  by  contempt  proceedings  as  in 


the  case  of  the  disobedience  of  the  requirements  of  subpoena 
issued  from  such  court  pr  a  refusal  to  testify  therein.  Laws  iqii, 
no.  J25,  sec.  8. 

Commission  shall  have  power  either  through  its  members 
or  by  inspectors  or  employes  duly  authorized  by  it,  to  examine 
all  books,  contracts,  records,  docimients  and  papers  of  any  pub- 

440  lie  utility,  and  by  subpoena  duces  tecum  to  compel  the  production 
thereof,  or  of  duly  verified  copies  of  the  same  or  any  of  them,  and 
to  compel  the  attendance  of  such  witnesses  as  commission  may 
require  to  give  evidence  at  such  examination.     Same,  sec.  g. 

See  also  pars.  2'j6g,  2g6j,  2g6^,  2g6S,  3300. 

OKLAHOMA  Commission  shall  have  the  right  at  all  times  to 

441  inspect  the  books  and  papers  of  all  transportation  and  transmis- 
sion companies  doing  business  in  this  state.    Const. ,  art.  ix,  sec.  18. 

The  commissioners  or  either  of  them,  or  such  persons  as 
they  may  employ  therefor,  shall  have  the  right  at  such  times  as 
they  may  deem  necessary,  to  inspect  the  books  and  papers  of  any 
railroad  company  or  other  public  service  corporation,  and  to 
examine  imder  oath  any  officer,  agent,  or  employe  of  such  corpo- 
rations in  relation  to  the  business  and  affairs  of  the  same.    If  any 

442  railroad  company  or  other  public  service  corporation  shall  refuse 
to  permit  the  commissioners  or  either  of  them,  or  any  person 
authorized  thereto,  to  examine  its  books  and  papers,  such  rail- 
road company  or  other  public  service  corporation,  shall,  until 
otherwise  provided  by  law,  for  each  offense,  pay  to  the  state  not 
less  than  $125  nor  more  than  $500  for  each  day  it  shall  so  fail  or 
refuse,  and  the  officer  or  other  members  so  refusing  shall  be  pun- 
ished as  the  law  shall  prescribe.     Same,  sec.  28. 

OREGON  A  provision  for  railroads  identical  with  par. 

448    411.    Gen.  Laws  igoy,  ch.  5j,  sec.  41.    . 

Commission,  or  any  commissioner,  or  any  person  or  persons 
employed  by  commission  for  that  purpose,  shall  upon  demand 
have  the  right  to  inspect  the  books,  accounts,  papers,  records 

444  and  memoranda  of  any  public  utility,  and  to  examine  under  oath 
any  officer,  agent,  or  employe  of  such  public  utility  in  relation  to 
its  business  and  affairs.  Any  person  other  than  one  of  com- 
missioners who  shall  make  such  demand,  shall  produce  a  certif- 
icate under  the  seal  of  commission  showing  his  authority  to  make 
such  inspection.  Gen.  Laws  igii,  ch.  2yg,  sec.  36. 
See  also  pars.  ^77 1,  2772. 

PENNSYLVANIA         See  par.  3g8. 

156 


I 


SOUTH  CAROLINA  See  pars.  365,  401,  849,  3020. 

SOUTH  DAKOTA  Commissioners  are  hereby  empowered  and  di- 
rected to  at  any  time  enter  any  public  warehouse  during  ordinary 
business  hours,  or  any  office  in  which  the  books  and  accounts  of 
any  pubUc  warehouse  are  kept,  and  shall  have  the  power  to  ex- 

445  amine  all  of  the  books  relating  to  the  transaction  of  business  of 
such  public  warehouse,  either  within  or  without  the  state;  it  is 
hereby  made  the  duty  of  each  public  warehouseman  to  give  com- 
mission free  access  to  all  such  books  and  accounts  upon  de- 
mand.    Sess.  Laws  igoy,  ch.  2og,  sec.  i. 

Any  public  warehouseman  who  shall  refuse  access  to  his 
books  and  accounts,  or  who  shall  hinder  or  delay  commission, 
or  any  member  thereof,  from  examining  the  same,   shall  be 

446  deemed  guilty  of  a  misdemeanor,  and  upon  conviction  shall  be 
fined  in  any  sum  not  greater  than  $100,  and  commission  shall  re- 
voke the  license  of  such  public  warehouseman.     Same,  sec.  2. 

Commission  or  any  member  thereof  shall  have  power  in  the 
discharge  of  the  duties  of  their  office,  to  examine  any  of  the  books, 
papers,  or  docimients  of  any  common  carrier,  or  to  examine  im- 
der  oath  or  otherwise  any  officer,  director,  agent  or  employe  of 
any  such  common  carrier.  Commission,  or  any  of  its  members, 
is  hereby  empowered  to  issue  subpoenas  to  compel  the  attendance 
of  witnesses  before  such  commission  or  member,  and  to  admin- 

447  ister  oaths;  and  any  person  who  may  wilfully  obstruct  commis- 
sion, or  an}^  member  thereof,  in  the  performance  of  its  or  his 
duties,  or  who  may  refuse  to  give  any  information  within  his  pos- 
session that  may  be  required  by  commission  or  member  within 
the  line  of  its  or  his  duty,  shall  be  deemed  guilty  of  a  misdemeanor 
and  shall  be  liable  on  conviction  thereof  to  a  fine  not  exceeding 
$1,000  in  the  discretion  of  the  court;  the  costs  of  such  investiga- 
tion to  be  first  paid  by  the  state  on  the  certificate  of  com- 
mission.   Sess.  Laws  igii,  ch.  2oy,  sec.  3. 

See  also  pars.  402,  2^13. 

TENNESSEE  Commission  is  given  full  power  and  authority 

to  examine  the  books  and  papers  of  the  railroad  companies,  and  to 
examine  under  oath  the  officers,  agents  and  employes  of  such 

"448  conipanies  and  any  other  persons,  to  procure  the  necessary  in- 
formation to  intelligently  and  justly  discharge  their  duties  and 
carry  out  the  provisions  of  this  act.     Ads  1897,  ch.  10,  sec.  8. 

TEXAS  The  commissioners  or  either  of  them,  or  such 

persons  as  they  employ  therefor,  shall  have  the  right  at  such 

157 


times  as  they  may  deem  necessary,  to  inspect  the  books  and 
papers  of  any  railroad  company,  and  to  examine  under  oath  any 
officer,  agent,  or  employe  of  such  railroad  in  relation  to  the  busi- 
ness and  affairs  of  the  same.     If  any  railroad  shall  refuse  to  per- 

449  mit  the  commissioners  or  either  of  them,  or  any  person  authorized 
thereto,  to  examine  its  books  and  papers,  such  railroad  shall  for 
each  offense  pay  to  the  state  not  less  than  $125  nor  more  than 
$500  for  each  day  it  shall  so  fail  or  refuse;  provided  that  any  per- 
son other  than  one  of  commissioners  who  shall  make  any  such 
demands  shall  produce  his  authority,  imder  the  hand  and  seal  of 
commission,  to  make  such  inspection.  Sayles^  Civ.  Stats.  i8gy, 
art.  456 g. 

Commission  shall  have  authority,  and  it  shall  be  its  duty  to 
call  upon  express  companies  for  reports,  and  investigate  their 
books  in  the  same  manner  as  may  be  prescribed  by  law  for  the 
regulation  of  railroad  companies,  and  commission  shall  have 

460  power  and  authority  to  institute  suits,  sue  out  such  writs  and 
process  as  may  be  applicable  and  authorized  for  the  regulation 
of  railroad  companies.  All  laws,  rules  and  regulations  made 
and  prescribed  for  the  government  and  control  of  railroads  in  so 
far  as  they  are  applicable  shall  be  of  equal  force  and  effect  against 
all  express  companies.     Same,  art.  4584. 

Any  officer,  agent  or  employe  of  any  railroad  company  who 
shall  upon  proper  demand  fail  or  refuse  to  exhibit  to  commissioners 
or  either  "of  them,  or  any  person  authorized  to  investigate  the 
same,  any  book  or  paper  of  such  railroad  company  which  is  in  the 

451  possession  or  under  the  control  of  such  officer,  agent  or  employe 
shall  be  deemed  guilty  of  a  misdemeanor,  and  upon  conviction  in 
any  coiirt  having  jurisdiction  thereof  shall  be  fined  for  each  of- 
fense a  sum  not  less  than  $125  and  not  to  exceed  $500.  White's 
Penal  Code,  art.  looj. 

See  also  par.  2QJo. 
VERMONT  See  pars.  3022,  3024. 

VIRGINIA  A  provision  identical  with  par.  441.     Const., 

452  sec.  156Q)). 

WASHINGTON  Commission  and  each  commissioner,  or  any 

person  employed  by  commission,  shall  have  the  right  at  any  time 
and  all  times  to  inspect  the  accounts,  books,  papers  and  docu- 
ments of  any  public  service  company,  and  commission  or  any 

468  commissioner  may  examine  under  oath  any  officer,  agent,  or 
employe  of  such  public  service  company  in  relation  thereto  and 
with  reference  to  the  affairs  of  such  company;  provided,  that  any 

158 


person  other  than  a  commissioner  who  shall  make  any  such  de- 
mand, shall  produce  his  authority  from  commission  to  make 
such  inspection.     Laws  igii,  ch.  iiy,  sec.  77. 
See  also  par.  2^/4. 

WISCONSIN  A  provision  for  railroads  identical  with  par. 

411;    also  provisions  for  public  utilities  substantially  identical 
454    with  par.  444.    Laws  igoj,  ch.  j62,  sec.  lygy-iSih);  Laws  igoj, 

ch.  4gg,  sees.  iyQym-j8{i),  ly gym- 38 {2). 

See  also  pars.  2775,  2gjs.  2gyS,  3301,  3302. 

4.     Authority  of  Commission  over  Allied  Businesses. 

NEW  YORK  In  case  any  electrical  or  gas  corporation  is  en- 

gaged in  carrying  on  any  business  other  than  owning,  operating  or 
managing  a  gas  or  an  electric  plant,  which  other  business  is  not 
otherwise  subject  to  the  jurisdiction  of  commission,  and  is  so 
conducted  that  its  operations  are  to  be  substantially  kept  separate 
and  apart  from  the  owning,  operating,  managing  or  controlling 
of  such  gas  or  electric  plant,  said  corporation  in  respect  of  such 
other  business  shall  not  be  subject  to  any  of  the  provisions  of  this 
chapter  and  shall  not  be  required  to  procure  the  assent  or  author- 
ization of  commission  to  any  act  in  such  other  business  or  to  make 
any  report  in  respect  thereof.  But  this  subdivision  shall  not  re- 
strict or  limit  the  powers  of  commission  in  respect  to  the  owning, 

455  operating,  managing  or  controlling  by  such  corporation  of  such 
gas  or  electric  plant,  and  said  powers  shall  include  also  the  right 
to  inquire  as  to,  and  prescribe  the  apportionment  of,  capitaliza- 
tion, earnings,  debts  and  expenses  fairly  and  justly  to  be  awarded 
to  or  borne  by  the  ownership,  operation,  management  or  control 
of  such  gas  or  electric  plant  as  distinguished  from  such  other  busi- 
ness. In  any  such  case,  if  the  owning,  operating,  managing,  or 
controlling  of  such  gas  or  electric  plant  by  any  such  corporation  is 
whoUy  subsidiary  and  incidental  to  the  other  business  carried  on 
by  it  and  is  inconsiderable  in  amount  and  not  general  in  its  char- 
acter, commission,  may  by  general  rules  exempt  such  corporation 
from  making  full  reports  and  from  the  keeping  of  accounts  as  to 
such  subsidiary  and  incidental  business.  Laws  igio,  ch.  480, 
sec.  66(13). 

5.     Territorial  Jurisdiction  of  Commission. 

NEW  YORK  There  are  hereby  created  two  public  service 

456  districts,  to  be  known  as  the  first  district  and  the  second  dis- 

159 


trict.  The  first  district  shall  include  the  counties  of  New  York, 
Kings,  Queens  and  Richmond.  The  second  district  shall  in- 
clude all  other  counties  of  the  state.     Laws  igio,  ch.  480,  sec.  j. 

There  shall  be  a  public  service  commission  for  each  district, 
and  each  commission  shall  possess  the  powers  and  duties  herein- 
467    after  specified,  and  also  all  powers  necessary  or  proper  to  enable  it 
to  carry  out  the  purposes  of  this  chapter.     Same,  sec.  4. 

The  jurisdiction,  supervision,  powers  and  duties  of  com- 
mission in  the  first  district  shall  extend,  under  this  chapter:  (a) 
to  railroads  and  street  railroads  lying  exclusively  within  that  dis- 
trict, and  to  the  persons  or  corporations  owning,  leasing  or 
operating  the  same ;  (b)  to  street  railroads  any  portion  of  whose 
lines  lies  within  that  district,  to  all  transportation  of  persons  or 
property  thereon  within  that  district  or  from  a  point  within  either 
district  to  a  point  within  the  other  district,  and  to  the  persons  or 
corporations  owning,  operating  or  leasing  the  said  street  rail- 
roads; provided,  however,  that  commission  for  the  second  dis- 
trict shall  have  jurisdiction  over  such  portion  of  the  lines  of  said 
street  railroads  as  lies  within  the  second  district,  and  over  the 
persons  or  corporations  owning,  operating  or  leasing  the  same, 
so  far  as  concerns  the  construction,  maintenance,  stationary 

458  equipment,  terminal  facilities,  stations  and  local  transportation 
facilities  of  said  street  railroads  within  the  second  district;  (c)  to 
such  portion  of  the  lines  of  any  other  railroad  as  lies  within  that 
district,  and  to  the  person  or  corporation  owning,  leasing  or 
operating  the  same,  so  far  as  concerns  the  construction,  mainte- 
nance, stationary  equipment,  terminal  facilities,  stations  and 
local  transportation  facilities,  and  local  transportation  of  persons 
or  property  within  that  district ;  (d)  to  any  common  carrier  other 
than  a  railroad  corporation  or  street  railroad  corporation  oper- 
ating or  doing  business  within  that  district,  so  far  as  concerns 
operations  exclusively  within  that  district;  (e)  to  the  manufac- 
ture, sale  or  distribution  of  gas  or  electricity  for  light,  heat  or 
power,  in  the  first  district,  to  gas  plants  and  to  electric  plants 
therein,  and  to  the  persons  or  corporations  owning,  leasing  or 
operating  the  same.     Same,  sec.  ^{i). 

And  in  addition  thereto,  commission  in  the  first  district  shall 
have  and  exercise  all  powers  heretofore  conferred  upon  the  board 
of  rapid  transit  railroad  commissioners  under  chapter  four  of  the 
laws  of  1 89 1,  entitled  ''An  act  to  provide  for  rapid  transit  rail- 

409  ways  in  cities  of  over  one  million  inhabitants,"  and  the  acts 
amendatory  thereof,  together  with  such  other  and  necessary 

160 


powers  as  may  be  requisite  to  the  efficient  performance  of  the 
duties  imposed  upon  said  board  by  said  act.     Same,  sec.  5(2). 

All  jurisdiction,  sui>ervision,  powers  and  duties  under  this 
chapter  not  specifically  granted  to  the  public  service  commission 
of  the  first  district  shall  be  vested  in,  and  be  exercised  by,  the  pub- 
lic service  commission  of  the  second  district,  including  the  regu- 

460  lation  and  control  of  all  transportation  of  persons  or  property, 
and  the  instnmientalities  connected  with  such  transportation,  on 
any  railroad  other  than  a  street  railroad,  from  a  point  within 
either  district  to  a  point  within  the  other  district.     Same,  sec.  5(3) . 

A  corporation  or  person  owning  or  holding  a  majority  of  the 
stock  of  a  common  carrier,  gas  corporation  or  electrical  corpora- 
tion subject  to  the  jurisdiction  of  commission  shall  be  subject  to 
the  supervision  of  the  same  commission  in  respect  of  the  relations 
between  such  common  carrier,  gas  corporation  or  electrical  cor* 
poration  and  such  owners  or  holders  of  a  majority  of  the  stock 
thereof,  in  so  far  as  such  relations  arise  from  or  by  reason  of  such 

461  ownership  or  holding  of  stock  thereof,  or  the  receipt  or  holding  of 
any  money  or  property  thereof,  or  from  or  by  reason  of  any  con- 
tract between  them;  and  in  respect  of  such  relations  shall,  in  like 
manner  and  to  the  same  extent  as  such  common  carrier,  g3,s  cor* 
poration  or  electrical  corporation,  be  subject  to  examination  of 
accounts,  records  and  memoranda,  and  shall  fimiish  such  reports 
and  information  as  commission  shall  irom  time  to  time  direct  and 
require,  and  shall  be  subject  to  like  penalties  for  default  therein. 
SamCy  sec.  5(4). 

The  jurisdiction,  supervision,  powers  and  duties  of  the  public 
service  commission  in  the  second  district  shall  extend,  under  this 
chapter,  to  every  telephone  line  which  lies  wholly  within  the 
state  of  New  York  and  that  part  within  the  state  of  New  York  of 

462  every  telephone  line  which  lies  partly  within  and  partly  without 
the  state  of  New  York,  and  to  the  persons  or  corporations  owning, 
leasing  or  operating  any  such  telephone  line.  Same,  sec.  ^i^),  as 
amended  by  Laws  igio,  ch.  6yj. 

The  jurisdiction,  supervision,  powers  and  duties  of  the 
public  service  commission  in  the  second  district  shall  extend,  un- 
der this  chapter,  to  every  telegraph  line  which  lies  within  the  state 
of  New  York  and  that  part  within  the  state  of  New  York  of  every 

463  telegraph  line  which  lies  partly  within  and  partly  without  the 
state  of  New  York,  and  to  the  persons  or  corporations  owmnr.- 
leasing  or  operating  any  such  telegraph  line.  Same,  sec.  ^(6),  as 
amended  by  Laws  igio,  ch.  67 ^^ 

161 


Corporations  formed  to  acquire  property  or  to  transact 

biisiness  which  would  be  subject  to  the  provisions  of  this  chapter, 

.  .    and  corporations  possessing  franchises  for  any.  of  the  purposes 

464    conteniplated  by  this  chapter,  shall  be  deemed  to  be  subject  to  the 

provisions  of  this  chapter  although  no  property  may  have  been 

acquired,  •  business  transacted  or  franchises  exercised.     Same, 

sec.  5(7),  as  amended  hy  Laws  igio,  ch.  673. 

.    .  Any  railroad  corporation  or  common  carrier  other  than  a 

...  street. railroad  corporation,  operating  partly  within  the  second 
district  and  partly  within  the  first  district,  shall  report  to  com- 
mission of  the,  second  district ;  but  commission  of  the  first  district 
*.  .  .  may,  upon  reasonable  notice,  reqtiire  a  special  report  from  such 
,466  'railroacf  corporation  or  common  carrier.  Any  street  railrbad  cor- 
,. .  ,  poration  operating  partly  within  the  first  district  and  partly 
'*'..'  .within  the  second  'district'  shall  report  to  commission  of  the  first 
V . ,. .  district ;  but'cominission  of  the  second  district  may,  upon  reason- 
;.. ,     able  notice,,  require  a  special  report  from  such  street  railroad  cor- 

'.     ..poration.    'Same,  sec.  46.    '  

' ;  •  ■  "Whenever  it  'sha,U  happen  that  any  railroad  corporation  shall 
,"'.,.  ..own  or  operate  its  lines  in  both  districts  it  shall,  under  this  section 
-,". '     (appfoyar  of  issues  of  stock,"  bonds"  and  other  form  of  indebt- 
]  ..  .'edness)i "apply] to. comrnission  of  the  second  district:     Whenever 
Ife/.*  it' shall  happen  th^  street  railroad  corporation  shall  own  or 

'.  »!i  'Qperafeitslmes  m  districts  it  shall,  under  this  section,  apply 

V . . .. .  ip  c^pmfhission  M  Any  other  common  carrier 

'**"''  not  operating  exclusively  in  the  first  district  shall  apply  to  com- 
mission of  the  second  district.     Same,  sec.  55: 
''  "'"      '    Any  freight '  terminal  company,  the  limits  of  the  locality 
"'' ■      in  which  it  is  organized  to  do  business  include  any  portion  of  the 
4k7  '  city  of  .New  York,  shall  be  subject  to  the  supervisi'on,  control  and 
;*'   ■    regulation  of  the  public  service  commission  of  the  first  district. 
"'"'''  Laws  igti,  dh.  y 78,  sec:  156. 
"""''  See' also  par.  28go.  ' 

6.     Authority  of  Pre-existing  Boards  or  Administrative  Officers 
-.  .    .. ,         ...     ....     .,  Conferred  on, Commission. 


•OAtlFORNIA        '^^   See  par.  3163.    '•        :V.v:: 

CONJ^ECTICUX  ^  The  office  of.  railroad  conpiissioner  is- hereby 
■•..•  -.^^lis^^^''.^^^."^^^  rights,  powers  and  duties  heretofore  vested  in 
.V.  V.  the  railrpad-,commissioners  and  not  inconsistent  with  other  pro- 
•^  ,  .•  yisions  of  this  act  are-ljiereby  transferred  .to  .and  continued  in  the 
468    public  utilities  commission  hereia  created;  and  all  order^i  hereto- 

162 


fore  made  by  said  railroad  commissioners  shall  continue  in  force, 
except  as  hereafter  altered  or  until  reversed  or  rescinded  by  said 
public  utilites  commission;  and  all  books,  records  and  other 
papers  of  the  railroad  commissioners  are  hereby  transferred  to  the 
public  utilities  commission.  Puh.  Acts  igiij  ch.  128,  sec.  12. 
The  office  of  inspector  general  of  gas  meters  and  illtiminating 
469  gas  is  hereby  abolished  and  the  duties  heretofore  invested  in  said 
officer  shall  hereafter  be  performed  by  commission.  Samey  sec.  ig. 

KANSAS  All  laws  relating  to  the  powers,  duties,  author- 

ity and  jurisdiction  of  the  board  of  railroad  commissioners  are 
hereby  adopted,  and  all  powers,  duties,  authority  and  jurisdiction 
'  470  by  said  laws  imposed  and  conferred  upon  said  board  of  railroad 
commissioners,  relating  to  common  carriers,  are  hereby  imposed 
and  conferred  upon  the  commission  created  imder  the  provisions 
of  this  act.     Laws  igii,  ch.  2j8,  sec.  2. 

MASSACHUSETTS  The  powers  and  duties  heretofore  conferred 
and  imposed  upon  the  inspector  of  gas  meters  and  illtimtnating 
gas  are  hereby  conferred  and  imposed  upoii  the  board  of  gas  and 

471  electric  light  commissioners.  The  caire  and  custody  of  all  prop- 
erty of  the  commonwealth  in  the  possession  of  said  inspector  are 
hereby  transferred  to  said  board.     Acts  igo2,'ch.  228,  sec.  i. 

MICHIGAN  All  powers,  duties  and  privileges  imposed  and 

conferred  under  existing  laws  upon  the  comrnissioner  of  rail- 
roads, the  railroad  and  street  crossing  board,  the  crossing  board 
as  defined  by  section  6232  of  the  compiled  laws  of  1897,  and  the 
board  of  railway  consolidations  as  defined  by  section  6255  of 
the  compiled  laws  of  1897,  and  upon  the  Michigan,  railroad 
commission  under  existing  laws  are  hereby  irnposed  and  conferred 
upon  the  commission  created  under  the  provisions  o£  this  act ; 
and  wherever  in  said  acts  or  either  of  them  the  commissioner 
of  railroads,  the  railroad  and  street  crossing  board,  the  crossing 
board,  and  the  board  of  railway  consolidations,  the  Michigan 
railroad  commission,  or  either  of  said  officials  or  boards,  are 
named,  the  same  shall  be  construed  to  mean  and  apply  to  and 
name  the  Michigan  railroad  commission  created  by  this  act; 
provided,  that  the  powers  and  duties  conferred  upon  the  Michi- 

472  gan  railroad  commission  by  act  3J2  of  the  public  acts  of  1907, 
shall  continue. to  be  exercised  by; that  commission  until  the 
commission  provided  in  section  one  of  this  act  has  qualified 

^  and  organized^  provided  further,  .that  all 'hearings,  investiga- 
tions and  complaints  pending  upon  the  organization- of  the  com- 

.  163 


misvsion  provided  for  in  section  one  of  this  act  which  shall  have 
been  begun  by  or  before  the  commission  organized  under  act 
312  of  the  public  acts  of  1907,  may  be  continued  and  orders  issued 
therein  in  all  respects  the  same  as  if  the  complaints  presented, 
investigations  made  and  hearings  held  by  the  commission  oper- 
ating under  act  312  of  1907,  had  been  presented  to,  made  by 
and  held  by  the  commission  created  under  section  one  of  this 
act.  All  tariffs  and  schedules  now  on  file  with  the  Michigan 
railroad  commission  created  by  said  act  312  shall  be  of  the  same 
effect  as  if  filed  with  the  commission  created  by  this  act.  Puh. 
Acts  igog,  no.  300,  sec.  4g. 

NEW  HAMPSHIRE  All  the  powers  and  duties  imposed  and  con- 
ferred upon  the  board  of  railroad  commissioners  under  existing 
laws,  except  in  so  far  as  inconsistent  with  the  powers  and 
duties  imposed  by  this  act,  are  imposed  and  conferred  upon  the 
public  service  commission  created  by  this  act,  and  all  proceed- 
ings and  appeals  which  under  existing  laws  are  required  to  be 

473  brought  before  the  board  of  railroad  commissioners  shall  here- 
after be  brought  before  said  commission,  it  being  the  intent 
hereof  to  substitute  said  public  service  commission  with  all  the 
powers  and  duties  imposed  upon  the  same  by  this  act  in  the 
place  of  said  board  of  railroad  commissioners;  provided,  how- 
ever, that  the  powers  and  duties  of  the  board  of  railroad  com- 
missioners shall  continue  to  be  exercised  by  that  board  till  June 
I,  191 1,  until  which  date  said  board  of  railroad  commissioners 
now  in  office  shall  continue  to  serve  at  their  present  salary,  and 
on  which  date  the  powers  of  said  board  shall  terminate  and  said 
board  shall  be  abolished.    Laws  igii,  ch.  164,  sec.  j(a). 

On  June  i,  191 1,  the  board  of  railroad  commissioners  shall 
transfer  and  deliver  to  the  public  service  commission  appointed 

474  under  the  provisions  of  this  act  all  books,  maps,  papers,  files, 
and  records  of  whatever  description  in  its  possession.  Same, 
sec.  3(b). 

NEW  YORK  On  and  after  July  i ,  1907,  the  board  of  railroad 

commissioners  and  the  commission  of  gas  and  electricity  shaU  be 
abolished.    All  the  powers  and  duties  of  such  board  and  commis- 

476  sion  conferred  and  imposed  by  any  statute  of  this  state  shall  be 
exercised  and  performed  by  the  public  service  commissions. 
Laws  jgio,  ch.  480,  sees.  120,  121. 

On  and  after  July  i,  1907,  the  offices  of  inspector  and  deputy 
inspectors  of  gas  meters  shall  be  abolished.    All  the  powers  and 

164 


duties  of  such  inspector  conferred  and  imposed  by  any  statute  of 

476  this  state  shall  be  exercised  and  performed  by  the  public  service 
commissioners.  But  any  meter  inspected,  proved  and  sealed  by 
the  said  inspector  of  gas  meters  prior  to  July  i,  1907,  shall  be 
deemed  to  have  been  inspected  by  commission.     Same,  sec.  122. 

On  and  after  July  i,  1907,  the  board  of  rapid  transit  railroad 
commissioners  shall  be  abolished.       All  the  powers  and  duties  of 

477  such  board  conferred  and  imposed  by  any  statute  of  this  state 
shall  thereupon  be  exercised  and  performed  by  the  public  service 
commission  of  the  first  district.     Same,  sec.  123. 

See  also  par.  459. 

The  board  of  railroad  commissioners,  the  commission  of  gas 
and  electricity,  and  the  inspector  of  gas  meters,  shall  transfer 
and  deliver  to  the  public  service  commission  of  the  second  dis- 

478  trict  all  books,  maps,  papers,  and  records  of  whatever  descrip- 
tion, in  their  possession  on  July  i,  1907;  and  the  said  commis- 
sion is  authorized  to  take  possession  of  all  such  books,  maps, 
papers,  and  records.    Same,  sec.  124(1). 

The  board  of  rapid  transit  railroad  commissioners  shall 
transfer  and  deliver  to  the  public  service  commission  of  the 
first   district   all   contracts,    books,    maps,    plans,    papers   and 

479  records  of  whatever  description,  in  their  possession  on  July  i, 
1907;  and  the  said  commission  is  authorized  to  take  possession 
of  all  such  contracts,  books,  maps,  plans,  papers  and  records. 
Same,  sec.  124(2). 

The  public  service  commission  of  the  second  district  may 
transfer  to  the  public  serA^-ice  commission  of  the  first  district 

480  any  of  the  said  books,  maps,  papers,  and  records  which  relate 
to  any  corporation,  person  or  matter  within  the  jurisdiction  of 
the  public  service  commission  of  the  first  district.  Same,  sec. 
124(3)' 

Whenever  the  terms  board  of  railroad  commissioneis,  or 
commission  of  gas  and  electricity  or  inspector  of  gas  meters  or 
board  of  rapid  transit  railroad  commissioners  occur  in  any  law, 
contract  or  document  or  wherever  in  any  law,  contract  or  docu- 
ment reference  is  made  to  such  boards,  commission  or  inspector, 
such  terms  or  reference  shall  be  deemed  to  refer  to  and  include 
the  public  service  commissions  as  established  by  this  chapter  so 
far  as  such  law,  contract  or  document  pertains  to  matters  which 
are  within  the  jurisdiction  of  the  said  public  service  commis- 
sions.   Same,  sec.  126. 

165 


RHODE  ISLAND  All  the  powers  and  duties  conferred  by  law 
upon  and  required  to  be  performed  by  the  railroad  commissioner 
or  his  deputy  at  the  time  of  the  passage  of  this  act,  shall  hereafter 

482  devolve  upon  and  be  exercised  and  performed  by  the  public  util- 
ities commission.  All  restrictions  not  inconsistent  with  the  pro- 
visions of  this  act,  imposed  by  law  upon  any  railroad  or  street 
railway  corporation,  heretofore  subject  to  regulation  by  the  rail- 
road commissioner,  shall  continue  in  fiill  force  and  effect  and  all 
other  things  made  subject  to  the  regulation  or  requiring  the  sanc- 
tion or  approval  of  said  railroad  commissioner,  and  all  proceed- 
ings of  transactions  of  whatever  nature  to  which  the  railroad  com- 
missioner is  by  law  made  a  party,  shall  hereafter  be  subject  to  full 
regulation  and  performance  by  the  said  commission,  in  accord- 
ance with  the  provisions  and  limitations  prescribed  in  this  act. 
Acts  igi2,  ch.  7P5,  sec.  55. 

SOUTH  DAKOTA  The  office  of  telephone  inspector  is  hereby 
abolished.     The  duties  heretofore  devolving  upon  that  officer  are 

483  hereby  conferred  upon  the  board  of  railroad  commissioners. 
Sess.  Laws  igii,  ch.  2iy,  sec.  i. 

VIRGINIA  Upon   the   organization   of   commission,    the 

board  of  public  works  and  the  office  of  railroad  commissioner, 

484  shall  cease  to  exist;  and  all  books,  papers  and  documents  per- 
taining thereto,  shall  be  transferred  to,  and  become  a  part  of 
the  records  of,  the  office  of  commission.     Const.,  sec.  i56{k). 

Commission  is  hereby  charged  with  all  the  duties  and  vested 
with  all  the  rights,  property,  fimctions  and  powers  heretofore 
performed,  vested  in,  and  exercised  by  the  board  of  public  works, 
except  in  so  far  as  the  same  may  be  in  conflict  with  the  constitu- 
486  tion  and  laws  of  this  state,  and  commission  shall  particularly 
perform  the  duties  and  exercise  the  powers  heretofore  performed 
and  exercised  by  said  board,  prescribed  in  section  59  to  78  inclu- 
sive, of  this  act.     Pollard's  Code  1904,  sec.  ijija(^6). 

WASHINGTON  The  railroad  commission  of  Washington  shall 

transfer  and  deliver  to  the  public  service  commission  hereby 

486  created  all  books,  maps,  papers,  and  records,  furniture,  equip- 
ment, instruments  and  supplies  in  its  possession  at  the  date  of 
the  taking  effect  of  this  act.    Lnws  igii,  ch.  iiy,  sec.  no. 

WISCONSIN  All  powers,  duties  and  privileges  imposed  and 

conferred  upon  the  railroad  commissioner  of  this  state  tmder  ex- 

487  isting  laws  are  hereby  imposed  and  conferred  upon  commission 

166 


created  under  the  provisions  of  this  act.     Laws  1905,  ch.  362,  sec. 
1797-36- 


B.  AUTHORITY  OF  COMMISSION  TO  HOLD 
HEARINGS  ON  PROPOSED  CHANGES  OF  LAW 
AND  MAKE  RECOMMENDATIONS  WITH  RE- 
SPECT THERETO. 

MARYLAND  Commission  shall  conduct  a  hearing  and  take 

testimony  as  to  the  advisability  of  any  proposed  change  of  law 
relating  to  any  common  carrier,  railroad,  street  railroad,  railroad 
or  street  railroad  corporation,  or  other  corporation  subject  to 
the  provisions  of  this  act  if  requested  to  do  so  by  the  legislature, 
by  the  senate,  or  general  assembly,  or  the  governor,  and  may  con- 
duct such  a  hearing,  when  requested  to  do  so,  by  any  person  or 

488  corporation,  and  shall  report  its  conclusions  to  the  officer,  body," 
person  or  corporation  at  whose  request  the  hearing  was  held- 
Commission  may  also  recommend  the  enactment  of  such  legisla- 
tion with  respect  to  any  further  matter  within  its  jurisdiction  as 
it  deems  wise  or  necessary  in  the  pubHc  interest,  and  may  draft 
or  cause  to  be  drafted  such  bills  or  acts  as  it  may  deem  necessary 
or  proper  to  enact  into  law  the  legislation  recommended  by  it. 
Laws  1910,  ch.  180,  sec.  20. 

MICHIGAN  Commission  shall  conduct  a  hearing  and  take 

testimony  as  to  the  advisability  of  any  proposed  change  of  law 
relative  to  any  matter  within  its  jurisdiction  if  requested  to  do 
so  by  the  legislature,  by  the  senate  or  house  committee  on 
railroads,  or  by  the  governor,  and  shall  report  its  conclusions 

489  to  the  officer  or  body  at  whose  request  the  hearing  was  held. 
Commission  may  also  recommend  the  enactment  of  such  legis- 
lation, with  respect  to  any  matter  within  its  jurisdiction,  as  it 
deems  wise  or  necessary  in  the  public  interest,  and  may  draft 
or  cause  to  be  drafted  such  bills  or  acts  as  it  may  deem  neces- 
sary or  proper  to  enact  into  law  the  legislation  recommended 
by  it.    Fuh.  Acts  1909,  no.  joo,  sec.  50. 

NEW  YORK  Each  commission  shall  conduct  a  hearing  and 

take  testimony  relative  to  any  pending' legislation  with  respect 
to  any  person,  corporation  or  matter  within  the  jurisdiction  of 
commission,  if  requested  to  do  so  by  the  legislature  or  by  either 

490  branch  thereof  or  by  a  standing  committee  of  either  branch 
thereof  or  by  the  governor  or  by  any  such  person  or  corporation, 

167 


and  shall  report  its  conclusions  to  the  legislature.  Commission 
may  also  recommend  the  enactment  of  such  legislation  with 
respect  to  any  matter  within  its  jurisdiction  as  it  deems  wise  or 
necessary  in  the  public  interest.     Laws  igio,  ch.  480,  sec.  16(2). 

PENNSYLVANIA  Commission  may  take  testimony  upon,  and 
have  a  hearing  for  and  against  any  proposed  change  of  law  relat- 
ing to  common  carriers,  or  of  the  general  railroad  law,  if  requested 
to  do  so  by  the  secretary  of  internal  affairs,  the  legislature,  or  by 
the  committee  on  railroads  of  the  senate  or  house  of  representa- 

491  tives,  or  by  the  governor;  and  may  take  such  testimony,  and  have 
such  a  hearing,  when  requested  by  any  of  said  common  carriers, 
corporation,  or  person  interested;  and  shall  recommend  and  draft 
such  bills  as  will,  in  its  judgment,  protect  the  interests  of  the  pub- 
lic in  connection  with  common  carriers.  Laws  igoy,  no.  2jo, 
sec.  II. 

VIRGINIA  See  par.  4521. 


C.  AUTHORITY  OF  COMMISSION  TO  ARBI- 
TRATE OR  MEDIATE  IN  CONTROVERSIES 
AFFECTING   PUBLIC   UTILITIES. 

CONNECTICUT  Nothing  in   this   act   shall   be   construed  to 

authorize  commission  to  interfere  in  any  manner  with  contracts 

498  between  public  service  companies  and  their  employes.  Puh. 
Acts  igii,  ch.  128,  sec.  36. 

NEW  MEXICO  Commission  shall  endeavor  b}^  mediation  to 

effect  settlements  of  grievances  of  persons,  associations,  corpora- 
tions or  carriers  against  railroads  or  common  carriers.  In  case 
no  satisfactory  settlement  be  effected  commission  shall  on  motion 

498  by  petitioners,  or  of  its  own  motion,  order  a  public  hearing  upon 
the  matter  set  forth  in  the  petition,  which  hearing  shall  be  held 
not  less  than  ten  days  after  service  of  notice  thereof  upon  defend- 
ant.    Laws  igi2,  ch.  ^8,  sec.  2. 

NORTH  CAROLINA  Whenever  any  compan}^  or  corporation  em- 
braced in  this  chapter  has  a  controversy  with  another  corporation 
or  person  and  all  the  parties  to  such  controversy  agree  in  writing 
to  submit  such  controversy  to  commission  as  arbitrators,  com- 
mission shall  act  as  such,  and  after  due  notice  to  all  parties  inter- 
ested shall  proceed  to  hear  the  same,  and  their  award  shall  be 

494    final.     Such  award  in  cases  where  land  or  an  interest  in  land  is 

168 


concerned  shall  immediately  be  certified  to  the  clerk  of  the  supe- 
rior court  of  the  county  in  which  said  land  is  situated  and  shall  by 
such  clerk  be  docketed  in  the  judgment  docket  for  such  county 
and  from  such  docketing  shall  be  a  judgment  of  the  superior 
court  for  such  county.  Parties  may  appear  in  person  or  by  attor- 
ney before  such  arbitrators.     PeWs  Revisal  igo8,  sec.  lo^j. 

OKLAHOMA  Upon  the  request  of  the  parties  interested,  it 

shall  be  the  duty  of  commission,  as  far  as  possible,  to  effect,  by 

495  mediation,  the  adjustment  of  claims,  and  the  settlement  of  con- 
troversies, between  transportation  or  transmission  companies  and 
their  patrons  or  employes.     Const.,  art.  ix,  sec.  i8. 

OREGON  In  case  of  any  dispute  or  disagreement  be- 

tween any  bonded  employe  or  employes  of  any  railroad,  which 
dispute  shall  result  in  the  discharge  or  termination  of  the  serv- 
ices of  said  bonded  employe  or  employes,  it  shall  be  the  duty  of 
said  railroad  to  furnish  to  such  bonded  employe  or  employes  so 
discharged  upon  request,  a  copy  of  the  charges  filed  against  said 
employe  or  employes,  as  a  result  of  which  the  services  of  said  em- 

496  ploye  or  employes  shall  have  been  discontinued;  provided,  how- 
ever, that  if  no  written  charges  have  been  filed  against  such  em- 
ploye or  employes  as  a  result  of  which  their  services  shall  have 
been  terminated,  it  shall  be  the  duty  of  said  railroad  to  furnish  the 
employe  or  employes  so  discharged  with  a  written  statement  of 
the  reasons  for  the  discharge  of  said  employe  or  employes  within 
five  days  from  the  date  of  the  termination  of  the  services  of  said 
employe  or  employes.     Gen.  Laws  igii,  ch.  jjg,  sec.  i. 

Should  the  said  railroad  fail  to  furnish  to  said  bonded  em- 
ploye or  employes  a  copy  of  the  charges  filed  against  said  em- 
ploye or  employes  or  fail  to  fiu*nish  in  writing  to  said  employe  or 
employes,  a  written  statement  of  the  charges  against  him  giving 
the  reasons  for  his  or  their  discharge  within  five  days  from  the 
date  of  the  termination  of  said  services,  then  and  in  that  event 
the  said  employe  or  employes  may  complain  thereof  to  commis- 
sion for  the  purpose  of  determining  the  reasons  for  said  discharge 
and  in  case  said  bonded  employe  or  employes  are  charged  with 
any  offense  involving  moral  turpitude  upon  complaint  being  made 
by  any  bonded  employe  or  employes  as  aforesaid  that  the  cause 
of  the  discharge  was  untrue,  commission  shall  notify  the  railroad 

497  complained  of  that  complaint  has  been  made  and  ten  days  after 
such  complaint  commission  shall  proceed  to  investigate  same; 
provided,  however,  that  before  proceeding  to  make  such  investi- 

169 


gation  commission  shall  give  the  railroad  and  the  complainant 
or  complainants  ten  days'  notice  of  the  time  and  place  when  and 
where  such  complaint  will  be  considered  and  determined  and  said 
parties  shall  be  entitled  to  be  heard  and  shall  have  process  to 
enforce  attendance  of  witnesses  and  to  compel  the  said  railroad  to 
present  before  commission  at  the  time  and  place  of  said  hearing 
all  the  documentary  evidence  in  the  possession  of  said  railroad 
bearing  upon  the  complaint  filed  against  it,  and  if  upon  such 
investigation  and  hearing  it  shall  appear  to  commission  that  the 
charge  against  the  said  employe  or  employes  was  untrue  commis- 
"-  sion  shall  make  a  finding  of  fact  to  that  effect  recommending  the 
reinstatement  of  said  employe  or  employes  and  furnishing  a  copy 
thereof  to  the  complainant.     Same,  sec.  2. 

Commission  for  the  purpose  mentioned  in  this  act  shall  have 
the  power:  (a)  To  administer  oaths;  (b)  to  certify  to  official  acts; 
.  (c)  issue  subpoenas  to  compel  the  attendance  of  witnesses;  (d)  to 
provide  for  the  production  of  papers,  contracts,  books,  accoimts, 
documents  and  testimony;  (e)  to  provide  for  the  disobedience  on 
the  part  of  any  person,  or  persons,  to  comply  with  the  orders  of 
commission,  or  any  commissioner,  in  respect  thereto,  or  any  re- 

498  fusal  of  any  witness  to  testify  to  any  matter  regarding  which  he 
may  be  lawfully  interrogated;  (f)  to  provide  for  the  fees  and  mile- 
age of  witnesses;  (g)  to  punish  said  witness,  or  witnesses  for  the 
disobedience  of  any  subpoena  issued  by  commission  upon  any 
hearing  held  in  accordance  with  this  act;  and  (h)  generally  to 
provide  for  the  taking  of  testimony,  and  for  the  recording  of  the 
proceedings  held  before  commission  in  accordance  with  the  pro- 
visions of  this  act.     Same,  sec.  j. 

^^  It  shall  be  the  duty  of  the  circuit  court  of  any  coimty  of  the 

state,  or  the  judge  thereof,  on  application  of  commission,  or  of 
any  commissioner,  to  compel  the  attendance  of  witnesses  before 

499  commission  in  hearings  in  accordance  with  this  act,  by  attach- 
ment proceeding,  or  contempt,  as  in  the  case  of  the  disobedience 
of  the  requirements  of  a  subpoena  issued  from  said  court  or  a 

.r.  ,     refusal  to  testify  therein.     Same,  sec.  4. 

■!•• Any  person,  or  persons,  who  shall  neglect  or  refuse  to  attend 

•v..  .before  commission  in  accordance  with  this  act,  and  testify  or  to 
answer  any  legal  inquiry,  or  to  produce  books,  papers,  contracts, 
accotmts,  or  documents  within  his  power  to  do  so,  in  obedience 

•00  to  the  subpoena  or  lawful  requirements  of  commission  as  herein 
provided  for,  shall  be  guilty  of  a  misdemeanor,  and  upon  convic- 
tion thereof  by  a  court  of  competent  jtirisdiction,  shall  be  pun- 

170 


I 


ished  by  a  fine  of  not  less  than  $ioo  nor  more  than  $i,ooo  or  by 
imprisonment  in  the  county  jail  of  not  more  than  one  year,  or  by 
both  said  fine  and  imprisonment.     Same,  sec.  5. 

D.  AUTHORITY  OF  COMMISSION  TO  VISIT 
AND  CONFER  WITH  OTHER  REGULATING 
BODIES.^ 

INDIANA  When  in  judgment  of  governor  expressed  in  a 

written  order  to  commission,  which  order  shall  be  entered  of 
record  in  their  minutes,  it  will  better  qualify  the  members  of 
commission  to  discharge  their  duties,  they  or  either  of  them 
designated  in  order  of  commission,  may  visit  the  railroad  com- 

604  mission  of  other  cities  or  the  interstate  commerce  commission  or 
may  attend  the  meetings  of  the  national  association  of  railway 
commissioners  or  the  sessions  of  committees  of  such  associations 
or  the  sessions  of  other  railroad  organizations  having  under  con- 
sideration subjects  which  concern  the  duties  of  such  commission. 
Acts  1907,  ch.  241,  sec.  2(0). 

KANSAS  Commission  may  confer  with  officers  of  other 

605  states  and  officers  of  United  States  on  any  matter  pertaining  to 
their  official  duties.     Laws  igii,  ch.  2j8,  sec.  9. 

MICHIGAN  Commission  may  confer  by  correspondence,  by 

attendiag  conventions,  or  otherwise,  with  the  railroad  commis- 

606  sioners  of  other  states,  with  the  interstate  commerce  commission 
or  with  any  other  bodies  considering  any  matters  pertaining  to 
common  carriers.     Pub.  Acts  igog,  no.  300,  sec.  2(m). 

NEVADA  Commission  may  confer  by  correspondence  or 

by  attending  conventions  or  otherwise  with  the  railroad  commis- 

607  sioners  of  other  states  and  with  the  interstate  commerce  commis- 
sion on  any  matters  relating  to  railroads.  Stats,  igoy,  ch.  44, 
sec.  i{m)  as  amended  by  Stats,  igii,  ch.  ig^. 

1  ALABAMA  Commissioners  on  notice  by  the  governor  shall  attend  the  meetings  of  the 

state  board  of  assessment,  and,  if  required,  give  such  board  all  information  they  can  that 

601  wUl  assist  them  in  the  assessment  of  taxes  against  persons  or  corporations  operating  rail- 
roads.   Code  1907,  sec.  5655. 

MARYLAND  It  shall  be  the  duty  of  every  public  officer  without  exacting  or  receiving 

charge  or  fee  of  any  kind  to  furnish  to  commission  upon  its  application  a  certified  copy 

602  of  any  document  or  part  thereof  on  file  in  his  office,  and  no  pubhc  officer  shall  be  entitled 
to  receive  from  commission  any  fee  for  entering,  filing,  docVeting  or  recording  any  docu- 
ment required  or  authorized  by  law  to  be  filed  in  his  office.     Laws  1910,  ch.  180,  sec.  Q. 

OHIO  Commission  shall,  whenever  called  upon  by  any  officer,  board  or  commis- 

sion now  existing  or  hereafter  created  in  the  state  or  any  political  subdivision  thereof, 
furnish  any  data  or  iijformation  to  such  official,  board  or  commission  and  shall  aid  or  assist 
any  such  officer,  board  or  commission  in  performing  the  duties  of  his  or  its  office,  and  all 
^  603  officers,  boards  or  commissions  now  existing  or  hereafter  created  in  the  state  or  any  politi- 
cal subdivision  thereof,  shall  furnish  to  commission,  upon  request,  any  data  or  information 
which  will  assist  such  commission  in  the  discharge  of  the  duties  imposed  upon  it  by  this 
act.    Laws  1911,  no.  325,  sec.  81. 


NEW  HAMPSHIRE  Commission  may  confer  by  correspondence  or 
otherwise  with  the  public  service  commission  or  railroad  commis- 

608  sion  of  any  other  state  and  with  the  interstate  commerce  commis- 
sion of  the  United  States  on  any  matters  relating  to  railroads  or 
public  utilities.     Laws  igii,  ch.  164,  sec.  2{n). 

OHIO  Commission  may  confer  on  any  matters  relat- 

ing to  railroads  by  correspondence  or  by  attending  conventions  or 

609  otherwise  with  the  railroad  commissioners  of  other  states  and 
with  the  interstate  commerce  commission.    Code  igio,  sec.  500. 

OREGON  Commission  may  confer  by  correspondence, 

or  by  attending  conventions,  or  o.therwise,  with  the  railroad 

610  commissioners  of  other  states,  and  with  the  interstate  commerce 
commission,  on  any  matters  relating  to  railroads.  Gen.  Laws 
iQoy,  ch.  5j,  sec.  10. 

TENNESSEE  Commission   shall,    by   correspondence,    con- 

ventions or  otherwise,  confer  with  the  railroad  commissioners  of 
other  states  and  the  interstate  commerce  commission,  and  from 
such  persons  from  states  which  have  no  railroad  commission,  as 
the  governor  of  such  states  may  appoint  for  the  purpose  of  agree- 
ing, if  practicable,  upon  a  draft  of  statutes  to  be  submitted  to  the 

611  legislature  of  each  state,  which  shall  secure  uniform  control  of 
railroad  transportation  in  the  several  states,  and  from  one  state 
into  or  through  another  state,  as  will  best  subserve  the  interest 
of  trade  and  commerce  of  the  whole  country,  and  said  commission 
shall  include  in  their  annual  report  to  the  governor  an  abstract 
of  the  proceedings  of  any  such  conference  or  convention.  Acts 
i8gy,  ch.  10,  sec.  2g. 

WISCONSIN  Commission  may  confer  by  correspondence  or 

by  attending  conventions  or  otherwise  with  the  railroad  commis- 

612  sioners  of  other  states  and  with  the  interstate  commerce  commis- 
sion on  any  matters  relating  to  railroads.  Laws  1905,  ch.  ^62, 
sec.  lygy-iim). 


172 


CHAPTER    III 

Basis  of  Rate  Making 


SCOPE  NOTE 

This  chapter  includes  provisions  prescribing  that  rates 
must  he  reasonable  and  indicating  the  various  elements  to 
be  considered  and  the  various  devices  that  may  be  adopted 
by  utilities  and  commissions  in  the  establishment  of  rea- 
sonable rates.  Provisions  on  valuation  are  here  included 
because  it  is  believed  that  the  most  important  purpose  of 
ascertaining  the  value  of  utility  property  is  as  a  guide  to 
rate  making.  For  provisions  authorizing  commissions  to 
regulate  or  prescribe  rates,  see  ch.  iv,  on  establishment 
and  change  of  rates.  For  provisions  requiring  publicity 
in  the  establishment  and  change  of  rates,  see  ch.  v,  on 
publicity  of  rates.  For  provisions  regulating  rate  making 
in  practice,  see  ch.  vi,  on  discrimination  in  rates  and 
service.  For  provisions  prescribing  general  procedure  to 
be  followed  in  the  exercise  of  commission  authority,  see 
ch.  xiv,  on  commission  procedure  and  practice.  For  pro- 
visions prescribing  general  rules  of  enforcement  and 
judicial  review,  see  ch.  xv,  on  enforcement.  For  general 
statement  of  scope  and  method,  see  introduction. 


ANALYSIS 

PAGE 

A.  General  requirements  as  to  reasonableness  of  rates 1 74 

B.  Elements  to  be  considered  as  a  basis  for  reasonable  rates. 185 

C.  Valuation  of  the  property  of  utilities 190 

D.  Sliding  scale,  profit  sharing,  automatic  adjustment,  minimum  charge 

and  graduated  charges. .,...,.,..   208 


173 


A.  GENERAL  REQUIREMENTS  AS  TO 
REASONABLENESS  OF  RATES 

UNITED  STATES  All  charges  made  for  any  service  rendered  or 
to  be  rendered  in  the  transportation  of  passengers  or  property 
and  for  the  transmission  of  messages  by  telegraph,  telephone,  or 
cable,  or  in  connection  therewith,  shall  be  just  and  reasonable; 
and  every  unjust  and  unreasonable  charge  for  such  service  or 

613  any  part  thereof  is  prohibited  and  declared  to  be  unlawful;  pro- 
vided, that  messages  by  telegraph,  telephone  or  cable  may  be 
classified  into  day,  night,  repeated,  unrepeated,  commercial, 
press,  government  and  such  other  classes  as  are  just  and  reason- 
able and  different  rates  may  be  charged  for  the  different  classes 
of  messages.     Act  to  Regulate  Commerce,  sec.  i. 

ALABAMA  Whenever  passengers  or  property  are  trans- 

ported over  two  or  more  connecting  lines  of  railroad  and  the 
railroad  companies  have  made  joint  rates  for  the  transportation 
of  the  same  such  rates  and  all  charges  in  connection  therewith 
shall  be  just  and  reasonable  and  every  unjust  and  imreason- 

614  able  charge  is  prohibited  and  is  imlawful;  provided,  that  a 
less  charge  by  each  of  said  railroads  for  its  proportion  of  such 
joint  rates  than  is  made  locally  between  the  same  points  on 
their  respective  lines  shall  not  for  that  reason  be  a  violation  of 
this  article,  nor  render  such  railroads  or  common  carriers  liable  to 
any  of  the  penalties  tjiereof.     Code  igoy,  sec.  5533. 

Charges  made  for  any  service  rendered  or  to  be  rendered 
in  the  transportation  of  passengers  or  property  or  for  any 
616  service  in  connection  therewith  or  for  the  receiving,  switch- 
ing, delivering,  storing  or  handling  of  such  property,  shall  be 
reasonable  and  just.     Same,  sec.  5650. 

Any  person  or  corporation  operating  a  railroad  who  com- 

616  mits  extortion  in  transportation  charges  must,  on  conviction,  be 
fined  not  less  than  $10  nor  more  than  $500.    Same,  sec.  7688. 

ARIZONA  All  charges  made,  demanded  or  received  by 

any  public  service  corporation  or  by  any  two  or  more  public 
service  corporations  for  any  product  or  commodity  furnished 

617  or  to  be  furnished  or  any  service  rendered  or  to  be  rendered  shall 
be  just  and  reasonable.  Every  imjust  or  unreasonable  charge 
made,  demanded  or  received  for  such  product  or  commodity  or 

174 


service  is  prohibited  and  declared  unlawful.  Sess.  Laws  igiz, 
ch.  go,  sec.  13(a). 

All  rules  and  regulations  made  by  a  public  service  corpo- 

618  ration  affecting  or  pertaining  to  its  charges  or  service  to  the 
public  shall  be  just  and  reasonable.     Same,  sec.  ijic). 

CALIFORNIA  Provisions  for  public  utilities  identical  with 

619  pars.  517,  518.    Stats,  igii,  ist.  ex.  sess.y  ch.  14,  sees.  13(a),  13(c). 

COLORADO  All  charges  made  for  any  service  rendered  or 

to  be  rendered  in  the  transportation  of  passengers  or  property 

680  in  connection  therewith  shall  be  just  and  reasonable,  and  every 
unjust  and  tmreasonable  charge  for  such  service  or  any  part 
thereof  is  prohibited  and  declared  to  be  imlawful.  Laws  igiOy 
sp.  sess.,  ch.  5,  sec.  3. 

FLORIDA  If  any  railroad  company  or  common  carrier 

shall  charge,  collect,  demand  or  receive  more  than  a  fair  or 
reasonable  rate  of  toll  or  compensation  for  the  transportation 
of  passengers  or  freight  of  any  description,  or  for  the  use  and 

621  transportation  of  any  railroad  car  upon  its  tracks,  or  any  of 
the  branches  thereof,  or  upon  any  railroad  which  it  has  the 
right,  license  or  permission  to  use,  operate  or  control,  the  same 
upon  conviction  shall  be  dealt  with  as  provided  by  law.  Gen. 
Stats.  igo6,  as  amended,  sec.  2888. 

See  also  par.  24g. 

GEORGIA  For  railroad  corporations  identical  with  Flor- 

ida provision,  except  that  "the  same,  upon  conviction  shall  be 

622  dealt  with  as  provided  by  law"  reads  "the.  same  shall  be 
deemed  guilty  of  extortion,  and  upon  conviction  shall  be  dealt 
with  as  provided  by  law."     Code  igii,  sec 2628.         _  -.    - 

ILLINOIS  A  provision  identical  with  par!  522.     Revisal 

623  igog,  ch.  114,  sec.  124. 

Any  such  railroad  corporation  guilty  of  extortion  or  of 
making  any  unjust  discriminations .  as  to  passenger  or  freight 
rates  or  the  rates  for  the  use  and  transportation  of  railroad  cars, 
or  in  receiving,  handling  and  delivering  freights,  shall  upon 

624  conviction  be  fined  in  any  simi  not  less  than  $1,009 ...nor 'more 
than  $5,000  for  the  first  offense;  and  for  the  second,  offense  not 

.,    less  than  $5,000  nor  more  than  $10,000;    and  for  the  third 
offense  not  less  than  $10,000  nor  more  than  $20,000;    and  for 

175 


every  subsequent  offense  and  conviction  shall  be  liable  to  a  fine 
of  $25,000;  provided  that  in  all  cases  either  party  shall  have 
the  right  of  trial  by  jury.     Same,  sec.  12'/. 

The  fines  hereinbefore  provided  for  may  be  recovered  in  an 
action  of  debt,  in  the  name  of  the  people  of  the  state  of  Illinois, 
and  there  may  be  several  coimts  joined  in  the  same  declaration 
as  to  extortion  and  unjust  discrimination,  and  as  to  passenger 
and  freight  rates,  and  rates  for  the  use  and  transportation  of 
railroad  cars,  and  for  receiving,  handling  or  delivering  freight. 
If,  upon  the  trial  of  any  cause  instituted  imder  this  act,  the 
jury  shall  find  for  the  people,  they  shall  assess  and  return  with 
their  verdict  the  amotmt  of  the  fine  to  be  imposed  upon  the 
defendant,  at  any  sum  not  less  than  $1,000  nor  more  than  $5,000, 
and  the  court  shall  render  judgment  accordingly;  and  if  the 
jury  shall  find  for  the  people,  and  that  the  defendant  had  once 
before  been  convicted  of  a  violation  of  the  provisions  of  this  act, 
they  shall  return  such  finding  with  their  verdict,  and  shall  assess 
and  retiun  with  their  verdict  the  amount  of  the  fine  to  be 
imposed  upon  the  defendant,  at  any  simi  not  less  than  $5,000 
nor  more  than  $10,000  and  the  court  shall  render  judgment 
accordingly;  and  if  the  jury  shall  find  for  the  people  and  that 
the  defendant  has  been  twice  before  convicted  of  a  violation  of 
the  provisions  of  this  act,  with  respect  to  extortion  or  unjust 
discrimination,  they  shall  retiun  such  finding  with  their  verdict, 
and  shall  assess  and  return  with  their  verdict  the  amoimt  of  the 
fine  to  be  imposed  upon  the  defendant,  at  any  sum  not  less 
than  $10,000  nor  more  than  $20,000;  and  in  like  manner,  for 
every  subsequent  offense  and  conviction,  such  defendant  shall 
be  liable  to  a  fine  of  $25,000:  Provided,  that  in  all  cases  under 
the  provisions  of  this  act  a  preponderance  of  evidence  in  favor 
of  the  people  shall  be  sufficient  to  authorize  a  verdict  and 
judgment  for  the  people.     Same,  sec.  128. 

If  any  railroad  corporation  shall  in  violation  of  any  of  the 
provisions  of  this  act  ask,  demand,  charge  or  receive  of  any 
person  or  corporation  any  extortionate  charge  or  charges  for 
the  transportation  of  any  passengers,  goods,  merchandise,  or 
property,  or  for  receiving,  handling  or  delivering  freights,  or 
shall  make  any  imjust  discrimination  against  any  person  or 
corporation  in  its  charges  therefor,  the  person  or  corporation 
so  offended  against  may,  for  each  offense,  recover  of  such  rail- 
road corporation,  in  any  form  of  action,  three  times  the  amount 
of  d^nages  sustained  by  the  party  aggrieved,  together  with  the 

176 


cost  of  the  suit  and  a  reasonable  attomey*s  fee  to  be  fixed  by 
the  court  where  the  same  is  heard,  on  appeal  or  otherwise,  and 
taxed  as  a  part  of  the  cost  of  the  case.     Same,  sec.  i2g. 

IOWA  All  charges  made  for  any  service  rendered  or 

to  be  rendered  in  the  transportation  of  passengers  or  property 
or  for  the  receiving,   delivering,   storage  or  handling  of  such 

627  property  shall  be  reasonable  and  just  and  every  imjust  and  im- 
reasonable  charge  for  such  service  is  prohibited  and  declared  to 
be  unlawful.     Code  i8gj,  sec.  212^. 

If  any  railway  corporation  or  carrier  shall  charge,  collect, 
demand  or  receive  more  than  a  fair  and  reasonable  rate  of  toll 
or  compensation  for  the  transportation  of  passengers  or  freight 
of  any  description,  or  for  the  use  and  transportation  of  any 
railway  car  upon  its  track  or  any  of  the  branches  thereof,  or 
upon  any  railroad  which  it  has  the  right,  license  or  permission 

628  to  use,  operate  or  control,  or  shall  make  any  unjust  and  unrea- 
sonable charge  prohibited  by  law,  it  shall  be  deemed  guilty  of 
extortion,  and  be  dealt  with  as  provided  by  law,  and  if  any 
such  railroad  corporation  or  common  carrier  shall  be  found 
guilty  of  any  unjust  discrimination,  it  shall  upon  conviction 
thereof,  be  dealt  with  as  provided  by  law.     Same,  sec.  2144. 

Any  railway  company  guilty  of  extortion,  or  of  making  any 
imjust  discrimination  as  to  passenger  or  freight  rates,  or  the 
rates  for  the  use  and  transportation  of  railway  cars,  or  in  receiv- 
ing, handling  or  delivering  freights,  shall  be  fined  in  any  sum 

629  not  less  than  $1,000  nor  more  than  $5,000  for  the  first  offense, 
and  for  each  subsequent  offense  not  less  than  $5,000  nor  more 
than  $10,000,  such  fine  to  be  imposed  in  a  criminal  prosecution 
by  indictment,  or  to  be  recovered  as  a  forfeitvu'e  in  a  civil  action 
in  the  name  of  the  state.     Same,  sees.  214'/,  2148.^ 

Every  imjust  and  unreasonable  charge  for  the  transporta- 
tion of  freight  and  cars  over  two  or  more  railroads  is  prohibited 
and  every  company  making  such  unreasonable  and  unlawful 

630  charges,  or  otherwise  violating  the  provisions  of  this  chapter, 
shall  be  punished  as  provided  for  the  making  of  unreasonable 
charges  for  the  transportation  of  freight  and  cars  over  a  single 
line  of  railroad  by  a  single  railway  company.     Same,  sec.  2157. 

1  When  commission  has  reason  to  beUeve  that  any  railway  corporation  or  carrier  sub- 
ject to  the  provisions  of  this  chapter  has  been  gviilty  of  extortion  or  tinjust  discrimination, 
it  shall  immediately  cause  actions  to  be  commenced  and  prosecuted  agninst  such  rail'Wa.y 
corporations  or  carrier,  which  may  be  brought  in  any  county  of  the  state  through  or  into 
which  the  hne  of  the  corporation  sued  may  extend,  and  it  may  on  behalf  of  the  state  em- 
ploy counsel  to  assist  the  attorney  general  in  conducting  such  actions.  No  actions  thus  com- 
menced shall  be  dismissed  unless  they  and  the  attorney  general  consent  thereto.  The 
coiirt  in  its  discretion  may  give  preference  to  such  actions  over  all  other  business,  except 
criminal  cases.    Code  1897,  sec.  2149. 

177 


KANSAS  No  railroad  company  shall  charge,  demand  or 

receive  from  any  person,  company  or  corporation  an  imreason- 
able  price  for  the  transportation  of  persons  and  property  or  for 

631  the  hauling  or  storing  of  freight  or  for  the  use  of  its  cars  or  for 
any  privilege  of  its  service  afforded  by  it  in  the  transaction  of  its 
business  as  a  railroad  company.    Gen.  Stats,  igop,  sec.  Jigg. 

Every  common  carrier  and  public  utility  shall  be  required 
to  establish  just  and  reasonable  rates,  joint  rates,  fares,  tolls, 
charges  and  exactions  and  to  make  just  and  reasonable  rules, 
classifications  and  regulations;    and  every  unjust  or  imreason- 

532  able,  discriminatory  or  unduly  preferential  rule  or  regulation, 
classification,  rate,  joint  rate,  fare,  toll,  or  charge  demanded, 
exacted  or  received  by  a  common  carrier  t)r  a  public  utility  is 
prohibited  and  declared  to  be  unlawful  and  void.  Laws  igii, 
ch.  2j8,  sec.  10. 

KENTUCKY  If  any  railroad  corporation  shall  charge,  col- 

lect, or  receive  more  than  a  just  and  reasonable  rate  of  toll  or 
compensation  for  the  transportation  of  passengers  or  freight  or 

533  for  the  use  of  any  railroad  car  upon  its  tracks  or  upon  any 
track  it  has  control  of  or  the  right  to  use,  it  shall  be  guilty  of 
extortion.     CarrolVs  Stats,  igog,  sec.  8i6. 

Any  railroad  corporation  guilty  of  extortion  or  unjust  dis- 
crimination, or  of  giving  to  any  person  or  locality  or  to  any 
description  of  traffic,  an  imdue  or  imreasonable  preference  or 

634  advantage  shall  upon  conviction  be  fined  for  the  first  offense  in 
any  sum  not  less  than  $500  nor  more  than  $1,000;  and  upon  a 
second  conviction,  in  any  sum  not  less  than  $500  nor  more  than 
$2,000;  and  upon  a  third  conviction,  in  any  simi  not  less  than 
$2,000  nor  more  than  $5,000.     Same,  sec.  8ig. 

Railroad  corporations  shall  also  be  liable  in  damages  to  the 

535  party  aggrieved  to  the  amoimt  of  damages  sustained,  together 
with  the  cost  of  suit  and  reasonable  attorney's  fees,  to  be  fixed 
by  the  court.     Same. 

Indictments  shall  be  made  only  upon  the  recommendation 
"or  request  of  commission  filed  in  the  court  having  jurisdiction 

686  of  the  offense;  and  all  prosecutions  and  actions  shall  be  com- 
menced within  two  years  after  the  offense  shall  have  been  com- 
mitted or  the  cause  of  action  shall  have  accrued.     Same., 

MARYLAND  All  charges  made  or  demanded  by  any  common 

.:     carrier  for  the  transportation  of  passengers,  freight  or  property 

or  for  any  service  rendered  or  to  be  rendered  in  connection 

178 


therewith  shall  be  just  and  reasonable  and  not  more  than  allowed 
537  by  law  or  by  order  of  commission  conformably  with  the  law. 
Every  unjust  or  tinreasonable  charge  made  or  demanded  for  any 
such  service  or  transportation  of  passengers,  freight  or  property 
or  in  connection  therewith  or  in  excess  of  that  allowed  by  law  or 
by  order  of  commission  conformably  with  the  law  is  unlawful  and 
prohibited.     Laws  igio,  ch.  i8o,  sec.  ij. 

All  charges  made  or  demanded  by  any  gas  or  electrical 
corporation  for  gas,  electricity  or  any  service  rendered  or  to  be 
rendered  shall  be  just  and  reasonable  and  not  more  than  al- 
688  lowed  by  law  or  by  order  of  commission.  Every  unjust  or  un- 
reasonable  charge  made  or  demanded  for  gas,  electricity  or  any 
such  service  or  in  connection  therewith  or  in  excess  of  that 
allowed  by  law  or  by  the  order  of  commission  is  prohibited. 
Same,  sec.  31^. 

All  rates,  tolls,  and  charges  used,  made  or  demanded  by 

any  telegraph  or  telephone  company  for  any  telegraphic  or 

S89    telephonic  commimication  or  service  shall  be  just  and  reasonable 

and  not  more  than  allowed  by  law  or  by  order  of  commission  and 

made  as  authorized  by  law.     Same,  sec.  40. 

MICHIGAN  All  charges  made  for  any  service  in  connection 

with  the  transportation  of  passengers  and  property  or  for  the 
receiving,  switching,  delivering,  storing,  transporting  or  hand- 

540  ling  of  persons  or  property  shall  be  reasonable  and  just  and 
every  unjust  and  imreasonable  charge  for  such  service  is  pro- 
hibited and  declared  to  be  unlawful.  Fub.  Acts  igog,  no.  joo, 
sec.  4  (a). 

541  Also  a  provision  identical  with  par.  514.    Same,  sec.  4(c). 
All  charges  made  for  any  service  rendered,  furnished  or 

performed  or  to  be  rendered,  fiunished  or  performed  by  any 
642    telephone  company  shall  be  reasonable  and  just  and  every  imjust 
and  tmreasonable  charge  for  such  service  is  prohibited  and  de- 
clared to  be  unlawful.     Pub.  Acts  igii,  no.  ij8,  sec.  j. 

MINNESOTA  All  charges  made  by  any  carrier  for  the  trans- 

portation of  passengers  or  property  whether  over  one  or  more 
railroads  or  in  connection  therewith  or  for  the  receiving,  de- 

648  livering,  storage  or  handling  of  such  property  shall  be  equal  and 
reasonable  and  every  imequal  or  tmreasonable  charge  for  such 
service  is  prohibited.     Rev.  Laws  igo^,  sec.  2007. 

MISSOURI  All  charges  made  for  any  service  rendered  in 

644    the  transportation  of  freight  on  railways  including  the  receiving, 

179 


delivering,  storing  and  handling  of  such  property  shall  be 
reasonable  and  just  and  all  unreasonable  and  unjust  charges  for 
such  service  are  prohibited  and  declared  unlawful.  Rev.  Stats. 
iQOQ,  sec.  jiyg. 

Rates  established  and  published  by  common  carriers  shall 
545    be  reasonable  and  just  and  shall  not  in  any  case  exceed  the 
maximum  rates  which  are  or  may  hereafter  be  established  by 
law.     Same,  sec.  jiSy. 

NEVADA  Charges  made  for  any  service  rendered  or  to 

be  rendered  in  the  transportation  of  passengers  or  property  or  for 
any  service  in  connection  therewith  or  for  the  receiving,  switch- 

646  ing,  delivering,  storing  or  handling  of  such  property  shall  be 
reasonable  and  just  and  every  imjust  and  unreasonable  charge 
for  such  service  is  prohibited  and  declared  to  be  unlawful.  Stats, 
igoy,  ch.  44,  sec.  3. 

547  Also  a  provision  identical  with  par.  514.    Same,  sec.  5. 
Charges  by  any  public  utility  for  any  heat,  light,  water  or 

power  produced,  transmitted,  delivered  or  furnished  or  for  any 

548  service  to  be  rendered  as  or  in  connection  with  any  public  utility 
shall  be  reasonable  and  just  and  every  imjust  and  unreasonable 
charge  is  prohibited  and  declared  imlawful.  Stats,  igii,  ch.  162, 
sec.  5. 

NEW  HAMPSHIRE  All  charges  made  or  demanded  by  any  rail- 
road corporation  for  the  transportation  of  passengers  or  prop- 
erty or  for  any  service  rendered  or  to  be  rendered  in  connection 
therewith  and  all  charges  made  and  demanded  by  any  public  util- 
ity for  the  transmission  of  telephone  or  telegraph  messages  or  for 

549  gas,  electricity  or  water  or  any  service  rendered  or  to  be  rendered 
in  connection  therewith  shall  be  just  and  reasonable  and  not 
more  than  is  allowed  by  law  or  by  order  of  commission.  Every 
charge  that  is  imjust  or  imreasonable  or  in  excess  of  that  al- 
lowed by  law  or  by  order  of  commission  is  prohibited.  Laws 
ipii,  ch.  164,  sec.  4. 

NEW  JERSEY  No  public  utility  shall  make,  impose  or  exact 

any  unjust  or  imreasonable,  unjustly  discriminatory  or  unduly 
preferential,  individual  or  joint  rate,  commutation  rate,  mileage 
and  other  special  rate,  toll,  fare,  charge  or  schedule  for  any 

6B0  product  or  service  supplied  or  rendered  by  it  or  adopt  or  impose 
any  unjust  or  unreasonable  classification  in  the  making  or  as 
the  basis  of  any  individual  or  joint  rate  ox  toll,  fare,  charge  or 

180 


I 


I 


schedule  for  any  product  or  service  rendered  by  it.  Laws  igii, 
ch.  igs,  sees.  i8  (a),  i8  (b). 

NEW  YORK  All  charges  made  or  demanded  by  any  common 

carrier  for  the  transportation  of  passengers  or  property  or  for 
any  service  rendered  or  to  be  rendered  in  connection  therewith, 
shall  be  just  and  reasonable  and  not  more  than  allowed  by  law 

661  or  by  order  of  commission  and  made  as  authorized  by  law. 
Every  unjust  or  unreasonable  charge  made  or  demanded  for  any 
such  service  or  transportation  of  passengers  or  property  or  in 
connection  therewith  or  in  excess  of  that  allowed  by  law  or  by 
order  of  commission  is  prohibited.     Laws  igio,  ch.  480,  sec.  26. 

All  charges  made  or  demanded  by  any  gas  or  electrical  cor- 
poration for  gas,  electricity  or  any  service  rendered  or  to  be 
rendered  shall  be  just  and  reasonable  and  not  more  than  al- 

662  lowed  by  law  or  by  order  of  commission.  Every  imjust  or  un- 
reasonable charge  made  or  demanded  for  gas,  electricity  or  any 
such  service  or  in  connection  therewith  or  in  excess  of  that  al- 
lowed by  law  or  by  order  of  commission  is  prohibited.  Same, 
sec.  65. 

All  charges  made  or  demanded  by  any  telegraph  or  tele- 
phone corporation  for  any  service  rendered  or  to  be  rendered  in 
connection  therewith  shall  be  just  and  reasonable  and  not  more 

663  than  allowed  by  law  or  by  order  of  commission.  Every  unjust 
or  unreasonable  charge  made  or  demanded  for  any  such  service 
or  in  connection  therewith  or  in  excess  of  that  allowed  by  law  or 
by  order  of  commission  is  prohibited  and  declared  to  be  unlawful. 
Same,  sec.  gi. 

NORTH  CAROLH^A  If  any  raihroad  shall  charge,  collect,  demand 
or  receive  more  than  a  fair  and  reasonable  rate  of  toll  or  com- 
pensation for  the  transportation  of  passengers  or  freight  of  any 
description,  or  for  the  use  and  transportation  of  any  railroad  car 

664  upon  the  track  or  any  of  the  branches  thereof  or  upon  any 
railroad  which  it  has  the  right,  license  or  permission  to  use, 
operate  or  control,  it  shall  be  deemed  guilty  of  a  misdemeanor, 
and  upon  conviction  shall  be  fined  not  less  than  $500  nor  more 
than  $5,000.     PelVs  Revisal  igo8,  sec.  3768. 

NORTH  DAKOTA       Provisions  for  railroads  and  common  carriers 
666    substantially  identical  with  pars.  527,  528,  529.    Rev.  Codes  igoj, 
sees.  4327,  4368,  4371,  4372. 

Any  railroad,  railroad  corporation  or  common  carrier,  which 
MS    shall  violate  any  of  the  provisions  of  this  article,  as  to  extortion 

181 


or  unjust  discrimination,  shall  forfeit  for  every  such  offense  to 
the  person,  company  or  corporation  aggrieved  thereby,  three 
times  the  actual  damages  sustained  or  overcharges  paid  by  said 
party  aggrieved,  together  with  the  cost  of  suit  and  a  reasonable 
attorney's  fee  to  be  fixed  by  the  court,  and  if  an  appeal  be  taken 
from  the  judgment  or  any  part  thereof,  it  shall  be  the  duty  of 
the  appellate  court  to  include  in  the  judgment  an  additional 
reasonable  attorney's  fee  for  service  in  the  appellate  coiut  or 
courts,  or  the  same  may  be  recovered  in  a  civil  action  therefor. 
Same,  sec.  4328. 

Whenever  commission  has  good  reason  to  believe  that  any 
railroad,  railroad  corporation  or  common  carrier  has  been  guilty 
of  extortion  or  unjust  discrimination,  and  thereby  become  liable 
to  the  penalties  prescribed  in  sections  4371  and  4372,  it  shall 
immediately  cause  suits  to  be  commenced  and  prosecuted  against 

667  any  such  railroad,  railroad  corporation  or  common  carrier.  Such 
suits  and  prosecutions  may  be  instituted  in  any  coimty  of  the 
state  through  or  into  which  the  line  of  the  railroad  corporation 
sued  for  violation  of  this  article  may  extend.  And  the  cotirt  may 
in  its  discretion  give  preference  to  such  suits  over  all  other  busi- 
ness except  criminal  cases.     Same,  sec.  4373. 

OHIO  A  provision  identical  with  par.   546.     Code 

658    igio,  sec.  504. 

669  Also  a  provision  for  public  utilities  identical  with  par. 

553.    Laws  igii,  no.  325,  sec.  15. 

OREGON  Every  railroad  shall  be  entitled  to  collect  and 

receive  a  just  compensation  for  transportation  of  persons  or  prop- 

660  erty  over  its  road,  or  such  stun  for  such  transportation  as  shall 
be  prescribed  by  the  legislative  assembly.  Gen.  Laws  1862, 
p.  668,  sec.  36. 

Charges  made  for  any  service  rendered  or  to  be  rendered 
in  the  transportation  of  passengers  or  property  or  for  any 
service  in  connection  therewith  or  for  the  receiving,  switch- 
ing, delivering,  storing,  elevation  and  transfer  in  transit,  ven- 

661  tilation,  refrigeration,  or  icing  or  handling  of  such  property 
or  for  union  depot  or  terminal  facilities  shall  be  reasonable 
and  just  and  every  imjust  and  imreasonable  chargie  for  such  serv- 
ice is  prohibited  and  declared  to  be  imlawful.  Gen.  Laws  igoy, 
ch.  53,  sec.  12. 

662  Also  a  provision  identical  with  par.  514.    Same,  sec.  18. 
Charges  made  by  any  public  utility  for  any  heat,  light, 

668  water  or  power  produced,  transmitted,  delivered  or  furnished 

182 


I 


or  for  any  telegraph  or  telephone  message  conveyed  or  for  any 
transportation  of  persons  or  property  by  street  railroad  or  for 
any  service  rendered  or  to  be  rendered  in  connection  therewith 
shall  be  reasonable  and  just  and  every  unjust  or  imreasonable 
charge  for  such  service  is  prohibited  and  declared  to  be  unlawful. 
Gen.  Laws  igii,  ch.  zyg,  sec.  j. 

RHODE  ISLAND  The  rate,  toll  or  charge,  or  any  joint  rate, 
made,  exacted,  demanded,  or  collected  by  any  public  utility  for 
the  conveyance  or  transportation  of  any  persons  or  property 
between  points  within  the  state  or  for  any  heat,  light,  water  or 
power  produced,  transmitted,  delivered  or  furnished  or  for  any 
telephone  or  telegraph  message  conveyed,  or  for  any  service  ren- 
dered or  to  be  rendered  in  connection  therewith  shall  be  reason- 
able and  just  and  every  imjust  or  unreasonable  charge  for  such 
service  is  prohibited  and  declared  unlawful.  Acts  igi2,  ch.  jg$, 
sec.  j8. 

SOUTH  CAROLINA  Identical  with  par.  522,  except  that  "shall  be 
dealt  with  as  provided  by  law"  reads  "shall  be  fined  in  a  sum 

566  not  less  than  $100  nor  more  than  $1,000."  Gen.  Stats.  igo2, 
sec.  2o8j, 

SOUTH  DAKOTA      Charges  for  storage  and  handling  of  grain  by 
666    warehouses  shall  in  all  cases  be  equal  and  just.      Rev.  Pol.  Code 
igoj,  sec.  4g8. 

Also  provisions  for  railroad  and  express  companies  and 

567  telephone  utilities  substantially  identical  with  pars.  527,  528, 
529.    Sess.  Laws  igii,  ch.  20J,  sees.  6,  25,  2g,  jo. 

Whenever  commission  has  good  reason  to  beHeve  that  any 
common  carrier  has  been  guilty  of  extortion  or  imjust  discrim- 
ination and  thereby  become  liable  to  the  penalties  prescribed  in 
sections  29  and  30,  it  shall  immediately  cause  suits  to  be  com- 
menced and  prosecuted  against  any  such  common  carrier.     Such 

668  suits  and  prosecutions  may  be  instituted  in  any  cotinty  of  the 
state,  through  or  into  which  the  line  or  lines  of  the  common 
carrier  sued  for  violation  of  this  article  may  extend.  No  such 
siiits  commenced  by  commission  shall  be  dismissed  unless 
commission  shall  consent  thereto  and  the  court  may  in  its 
discretion  give  preference  to  such  suits  over  all  other  business. 
Same,  sec.  31. 

Every  imjust  and  unreasonable  charge  for  the  transpor- 
tation of  freight,  cars,  express  and  telephone  messages  over  two 

569    or   more  common  carriers  is    prohibited  and  declared  to  be 

183 


unlawfiil,  and  every  person  or  company  violating  the  provisions 
of  this  section  shall  be  subject  to  the  penalties  prescribed  in  sec- 
tion 12  of  this  act.     Same,  sec.  41. 

TENNESSEE  If  any  railroad  corporation  shall  charge,  col- 

lect or  receive  more  than  a  just  and  reasonable  rate  of  toll  or 
compensation  for  the  transportation  of  passengers  or  freight  or 

670  for  the  use  of  any  railroad  car  upon  its  track  or  upon  any  track 
it  has  control  of  or  the  right  to  use  it  shall  be  deemed  guilty  of 
extortion  which  is  hereby  prohibited  and  declared  unlawful. 
Acts  i8gy,  ch.  10,  sec.  16. 

VERMONT  Charges  made  by  any  utility  company  for 

671  any  product  or  service  shall  be  reasonable  and  without  discrim- 
ination.    Laws  igo8,  no.  116,  sec.  11. 

WASHINGTON  All  charges  made  by  any  public  warehouseman 

678    for  the  handling  or  storage  of  grain  and  hay  shall  be  just,  fair 

and  reasonable.     Laws  igii,  ch.  p,  sec.  10. 

All  charges  made  for  any  service  rendered  or  to  be  rendered 

in  the  transportation  of  persons  or  property  or  in  connection 

673  therewith  by  any  common  carrier  or  by  any  two  or  more  common 
carriers  shall  be  just,  fair,  reasonable  and  sufficient.  Laws  igii, 
ch.  iiy,  sec.  g. 

All  charges  made,  demanded  or  received  by  any  gas,  elec- 
trical or  water  company  for  gas,  electricity  or  water  or  for  any 

674  service  rendered  or  to  be  rendered  in  connection  therewith 
shall  be  just,  fair,  reasonable  and  sufficient.     Same,  sec.  26. 

All  rates,  tolls,  contracts  and  charges,  rules  and  regulations 
of  telephone  and  telegraph  companies  for  messages,  conversa- 
tions, services  rendered  and  equipment  and  facilities  supplied 

676  whether  such  message,  conversation  or  service  to  be  performed 
be  over  one  company  or  line,  or  by  two  or  more  companies  or 
lines,  shall  be  fair,  just,  reasonable  and  sufficient.     Same,  sec.  35. 

All  charges  made  for  any  service  rendered  or  to  be  rendered 
in  the  receipt,  storage  or  handling  of  property  or  in  connection 
876    therewith  by  any  wharfinger  or  warehouseman  shall  be  just,  fair, 
reasonable  and  sufficient.     Same,  sec.  46. 

WISCONSIN  Provisions    identical    with    pars.    546,    514. 

677  Laws  igoj,  ch.  J62,  sec.  lygy-j,  lygy-j- 

Charges  made  by  any  public  utility  for  any  heat,  light, 
water  or  power  produced,  transmitted,  delivered  or  furnished 

678  or  for  any  telephone  message  conveyed  or  for  any  service  ren- 

184 


dered  or  to  be  rendered  in  connection  therewith  shall  be  reason- 
able and  just,  and  every  unjust  or  unreasonable  charge  for  such 
service  is  prohibited  and  declared  unlawful.  Laws  igoj,  ch.  4gg, 
sec.  lygjm-^. 


;.     ELEMENTS   TO    BE  CONSIDERED   AS  A 
BASIS  FOR  REASONABLE  RATES 

IARKANSAS  Commission  in  fixing  or  changing  rates  shall 

take  into  consideration  the  character  and  nature  of  the  service 

rj79  to  be  performed,  the  entire  earnings  of  any  railroad  or  express 
company,  the  expenses  of  operating  the  same,  the  income  and 
value  thereof.     Kirby^s  Digest  igo4,  sec.  6802. 

FLORIDA  See  par.  yjg. 

GEORGIA  Commission  may  vary   storage   charges   ac- 

cording to  the  value  and  character  of  the  freight  stored,  the 

B80    nature  of  the  place  of  destination  and  residence  of  consignee 
and  such  other  facts  as  in  its  judgment  should  be  considered  in 
fixing  the  same.     Code  igii,  sec.  264g. 
See  also  par.  ^86, 

IOWA  In  the  making  of  joint  through  railway  rates 

and  changing,  revising  or  adding  to  the  same,  commission  shall 
take  into  consideration  among  other  things  the  rates  estab- 
lished for  shipment  within  the  state  for  like  distances  over  single 

»si  lines,  the  rates  charged  by  the  railway  companies  operating  such 
connecting  lines  for  joint  interstate  shipments,  and  the  increased 
cost,  if  any,  of  a  joint  through  shipment  as  compared  with  a 
shipment  over  a  single  line  for  like  distances.     Code  i8gy,  sec. 

2155- 

See  also  par.  gio. 

KANSAS  Determination  by  commission  as  to  what  is  a 

682  reasonable  charge  shall  be  according  to  the  classification  then 
existing.     Gen.  Stats,  igog,  sec.  Jig6. 

Commission  shall  ascertain  the  reasonable  value  of  all  prop- 
erty of  any  common  carrier  or  public  utility  used  or  required  to 
be  used  in  its  services  to  the  public  whenever  it  deems  the  ascer- 

683  tainment  of  such  value  necessary  in  order  to  enable  commission 
to  fix  fair  and  reasonable  rates,  joint  rates,  tolls  and  charges. 
Laws  igii,  ch.  238,  sec.  28. 

185 


MARYLAND  Commission  may  in  determining  the  price  to 

684    be  charged  for  gas  or  electricity  consider  all  facts  which  in  its 

judgment  have  any  bearing  upon  a  proper  determination  of  the 

question,  although  not  set  forth  in  the  complaint  and  not  within 

the  allegations.     Laws  igio,  ch.  i8o,  sec.  ^7- 

MASSACHUSETTS  Railroad  commission  in  fixing  or  changing 
rates  of  carriers  shall  give  due  regard  among  other  things  to  a 

686    reasonable  return  upon  the  value  of  the  carrier's  property.     Acts 
iQiij  ch.  y^^,  sec.  i. 
See  also  par.  gj2. 

MICHIGAN  In  determining  the  maximum  price  commis- 

sion shall  consider  and  give  due  weight  to  all  lawful  elements 
proper  to  be  considered  to  enable  it  to  determine  the  just  and 
reasonable  price  to  be  fixed  for  supplying  electricity  in  such 

686  mimicipality,  including  cost,  reasonable  rettu-n  on  actual  value 
of  all  property  used  in  the  service,  depreciation,  obsolescence, 
risks  of  business,  value  of  service  to  the  consumer,  the  connected 
load,  the  hours  of  the  day  when  used  and  the  quantity  used  each 
month.     Pub.  Acts  igog,  no.  io6,  sec.  7. 

MISSISSIPPI  In  revising,  fixing  and  regulating  charges  for 

transportation  commission  shall  take  into  consideration  the 
character  and  nature  of  the  service  to  be  rendered  and  the  entire 

687  business  of  the  railroad  or  other  common  carrier  and  its  earnings 
frorn  all  kinds  of  traffic  and  shall  so  revise,  fix  and  regulate  the 
charges  as  to  allow  reasonable  compensation  for  the  services  to 
be  rendered.     Code  igo6,  sec.  4842. 

NEBRASKA  If  the  railway  company  or  common  carrier 

making  complaint  or  the  railway  company  complained  of  by  the 
person  or  persons  named  by  law  operate  a  line  of  railroad  beyond 
the  state  or  has  a  traffic  arrangement  with  any  other  railroad 

688  company  the  same  shall  be  taken  into  consideration  in  deter- 
mining what  is  a  reasonable  rate;  if  it  be  operating  a  line  of 
railroad  beyond  the  state  the  rate  charged  or  established  for 
substantially  the  same  or  greater  service  by  it  in  another  state 
may  also  be  considered.  Cobbey's  Annot.  Stats,  igog,  sec. 
10653Q)). 

In  making  and  in  changing  or  revising  joint  rates  for  rail- 
way companies  and  common  carriers  commission  shall  take  into 
consideration  the  average  rates  charged  by  such  companies  and 

689  carriers  for  shipments  within  the  state  for  like  distances  over 

186 


their  respective  lines  and  rates  charged  by  such  companies  or 
carriers  operating  such  connecting  lines  for  joint  interstate  ship- 
ments for  like  distances.     Same,  sec.  10660. 
See  also  pars.  gy4,  11 39. 

NEVADA  See  par.  830. 

NEW  MEXICO  Commission  in  fixing  rates  of  telephone  and 

telegraph  companies  shall  give  due  consideration  to  the  earnings, 

690  investment  and  expenditures  as  a  whole  within  the  state.  Const, 
art.  xi.y  sec.  j. 

NEW  YORK  In  determining  rates  of  common  carriers,  rail- 

road and  street  railroad  corporations,  commission  shall  give  due 
regard  among  other  things  to  a  reasonable  average  return  upon 
the  value  of  the  property  actually  used  in  the  public  service  and 
to  the  necessity  of  making  reservation  out  of  income  for  siurplus 
and'contingencies.  .  .  .  Commission  shall  give  due  regard  among 
other  things  to  a  reasonable  average  return  upon  the  value  of 

591  the  property  actually  used  in  the  public  service  and  to  the 
necessity  of  making  reservation  out  of  income  for  surplus  and 
contingencies  in  determining  the  just  and  reasonable  rates, 
fares  and  charges  to  be  thereafter  observed  and  enforced  as  the 
maximum  to  be  charged  for  mileage,  excursion,  school  or  family 
commutation,  commutation,  half  fare  or  any  other  form  of  re- 
duced rate  tickets  for  the  transportation  of  persons  or  joint 
interchangeable  mileage  tickets  with  special  privileges.  Laws 
1 9 10 J  ch.  480,  sec.  4g{i). 

In  determining  the  price  to  be  charged  for  gas  or  electricity 
commission  may  consider  all  facts  which  in  its  judgment  have 
any  bearing  upon  a  proper  determination  of  the  question,  al- 
though not  set  forth  in  the  complaint  and  not  within  the  alle- 
gations contained  therein,  with  due  regard  among  other  things 
to  a  reasonable  average  return  upon  capital  actually  expended 
and  to  the  necessity  of  making  reservations  out  of  income  for 
surplus  and  contingencies.     Same,  sec.  72. 

Commission  shall  give  due  regard  among  other  things  to  a 
reasonable  average  return  upon  the  value  of  the  property  actually 
used  in  the  public  service  and  of  the  necessity  of  making  reserva- 

i»93  tion  out  of  income  for  surplus  and  contingencies  in  determining 
the  just  and  reasonable  rates,  charges  and  rentals  to  be  observed 
and  in  force  as  the  maximimi  to  be  charged,  demanded,  exacted 
or  collected  for  the  performance  or  rendering  of  services  by 
telegraph  and  telephone  corporations.     Same,  sec.  97  {i)- 

187 


NORTH  CAROLINA  In  fixing  any  maximum  rate  or  charge  or 
tariff  of  rates  or  charges  for  any  common  carrier,  person  or  cor- 
poration commission  shall  take  into  consideration  if  proved,  or 
may  reqiiire  proof  of,  the  value  of  the  property  of  such  carrier, 
person  or  corporation  used  for  the  public,  in  the  consideration 

894  of  such  rate  or  charge,  or  the  fair  value  of  the  service  rendered 
in  determining  the  value  of  the  property  so  being  used  for  the 
convenience  of  the  public.  It  shall  furthermore  consider  the 
original  cost  of  the  construction  thereof  and  the  amount  ex- 
pended in  permanent  improvements  thereon  and  the  present 
compared  with  the  original  cost  of  construction  of  all  its  property 
within  the  state,  the  probable  earning  capacity  of  such  property 
under  the  particular  rates  proposed  and  the  sum  required  to 
meet  the  operating  expenses  of  such  carrier,  person  or  corpora- 
tion, and  all  other  facts  that  will  enable  it  to  determine  what 
are  reasonable  and  just  rates,  charges  and  tariffs.  PelVs  Revisal 
igo8,  sec.  1104. 

NORTH  DAKOTA     See  par.  999. 

OHIO  Commission    shall    give    due    regard    among 

other  things  to  the  value  of  all  of  the  property  of  the  pubUc 
utility  actually  used  and  useful  for  the  convenience  of  the  public, 
excluding  therefrom  the  value  of  any  franchise  or  right  to  own, 
operate,  or  enjoy  the  same  in  excess  of  the  amount  (exclusive  of 
any  tax  or  annual  charge)  actually  paid  to  any  political  sub- 
division of  the  state  or  county  as  the  consideration  for  the  grant 

695  of  such  franchise  or  right,  and  exclusive  of  any  value  added 
thereto  by  reason  of  a  monopoly  or  merger,  and  to  the  necessity 
of  making  reservation  out  of  the  income  for  surplus,  depreciation 
and  contingencies,  and  all  such  other  matters  as  may  be  proper 
according  to  the  facts  in  each  charge,  toU,  rental  or  service  to 
be  rendered,  charged,  demanded,  exacted  or  collected  for  the 
performance  or  rendition  of  the  service.  Laws  1911,  no.  J25, 
sec.  25. 

In  changing  rates  of  public  utilities  fixed  by  ordinance  com- 

596  mission  shall  give  due  regard  to  all  the  elements  enumerated  in 
the  preceding  paragraph  (sec.  25).    Same,  sec.  48. 

No  rate,  price,  charge,  toll  or  rental  determined  by  com- 
mission and  substituted  for  that  fixed  by  ordinance  shall  become 

597  effective  or  valid  until  after  commission  shall  have  ascertained 
and  determined  the  valuation  upon  which  such  price,  charge, 
toll  or  rental  is  based.     Same. 

188 


OREGON  Commission  shall  provide  for  depreciation  in 

698  fixing  the  rates,  tolls  and  charges  of  utilities  to  be  paid  by  the 
public.     Gen.  Laws  igii,  ch.  2yg,  sec.  ly. 

SOUTH  CAROLINA  Identical  with  par.    580.     Gen.   Stats.   1902, 

699  sees.  1732,  20Q4. 

SOUTH  DAKOTA  Upon  all  hearings  commission  shall  receive 
whatever  evidence,  statements  or  agreements  either  party  may 
offer  or  make  pertinent  to  the  matter  imder  investigation,  and  the 

600  burden  of  proof  shall  be  upon  the  common  carrier  or  carriers 
affected,  but  commission  shall  add  to  the  showing  made  at  such 
hearing  whatever  information  it  may  have,  or  can  secure  from 
any  source  whatsoever,  and  the  person  or  persons  complaining 
shall  be  entitled  to  introduce  any  published  schedule  of  rates  and 
fares  of  any  common  carrier  engaged  in  a  similar  branch  of  car- 
riage or  evidence  of  rates  and  fares  actually  charged  by  any 
common  carrier  for  substantially  the  same  Idnd  of  service  whether 
in  this  state  or  any  other  state  and  the  lowest  rates  and  fares 
published  or  charged  by  any  railroad  company  for  substantially 
the  same  kind  of  service  whether  in  this  state  or  any  other  state 
shall  at  the  instance  of  the  person  or  persons  complaining  be 
accepted  as  prima  facie  evidence  of  a  reasonable  rate  or  fare  for 
the  service  under  investigation,  and  if  the  common  carrier  com- 
plained of  is  operating  a  line  of  transportation  or  transmission 
beyond  the  state  of  South  Dakota  or  if  it  appears  that  it  has 
traffic  arrangements  with  any  such  common  carrier  then  com- 
mission in  determining  what  is  a  reasonable  rate  or  fare  shall 
take  into  consideration  the  charge  made  or  rate  established  by 
such  common  carrier  or  the  carrier  with  which  it  has  traffic 
'  arrangements  for  carrying  or  transmitting  freight,  passengers, 
express  or  messages  by  telephone  from  beyond  the  state  to  points 
within  the  state  and  from  within  the  state  to  points  beyond  the 
state  and  if  such  carrier  be  operating  a  line  of  transportation  or 
transmission  beyond  the  state  commission  shall  take  into  con- 
sideration the  rates  charged  or  established  for  a  substantially 
similar  or  greater  service  by  such  carrier  in  any  other  state  in 
which  said  common  carrier  operates  a  line  of  transportation. 
Sess.  Laws  1911,  ch.  2oy,  sec.  22, 

eoi  Also  a  provision  for  common  carriers  identical  with  par. 

589.    Same,  sec.  j6. 

In  establishing,  changing  or  revising  joint  rates  for  railway 

6oa    companies  commission  shall  take  into  consideration  the  average 

189 


of  rates  charged  by  such  companies  operating  said  connecting 
lines  for  joint  interstate  shipments  for  like  distances.  Same, 
sec.  39. 

See  also  pars.  lojj,  1166,  1172,  1175. 

TENNESSEE  Commission  shall  take  into  consideration  the 

character  and  nature  of  the  service  to  be  performed  and  the  en- 
tire business  of  railroads,  together  with  their  earnings  from 
passenger  and  other  traffic  and  any  other  facts  and  circumstances 
which  may  affect  the  question  of  just  and  reasonable  rates  and 

603  shall  so  revise  such  tariffs  as  to  allow  a  fair  and  just  compensa- 
tion, having  due  regard  to  the  rights  and  interests  of  both 
shipper  and  carrier  and  in  view  of  all  the  circimistances  and  con- 
ditions existing  at  the  time;  and  commission  shall  exercise  a 
careful  and  watchful  supervision  over  every  such  tariff  of  charges 
from  time  to  time  as  justice  to  the  public  and  each  of  said  rail- 
roads may  require  and  increase  or  reduce  any  of  said  rates  as 
experience  and  business  operations  may  show  to  be  just.  Acts 
1^9^,  ch.  10,  sec.  22. 

VERMONT  '  '      '       Commission  in  determining  rates  shall  inves- 

604  tigate  local  conditions  and  its  final  findings  and  judgment  shall 
take  cognizance"  thereof .     Laws  1908,  no.  116,  sec.  10. 

See  also  par.  1039.  ' 

WISCONSIN  Commission  shall  provide  for  depreciation  in 

605  fixing  the  rates,  tolls  and  charges  of  utilities  to  be  paid  by  the 
public.     Laws!i90'/y  ch.  499,  sec.  i29ym-ij. 


C.      VALUATION    OF    THE    PROPERTY    OF 

UTILITIES 

ARIZONA  Commission  shall  ascertain  the  fair  value  of 

606  the  property  of  every  public  service  corporation.  Const,  art.  ocv., 
sec.  14. 

Every  public  service  corporation  shall  furnish  t9  commission 

607  all  evidence  in  its  possession  and  all  assistance  in  its  power  re- 
quested by  commission  in  aid  of  the  determination  of  the  value 
of  the  property  of  such  public  service  corporation.     Same. 

Commission  ijiay  ascertain  the  value  of  the  property  of 

608  every  public  service  corporation  and  every  fact  which  in  its  judg- 
ment may  or  does  have  any  bearing  on  such  value.  Sess.  Laws 
1 91 2,  ch.  90,  sec.  47. 

190 


Commission  may  make  revaluations  from  time  to  time  and 

609  ascertain  all  new  constructions,  extensions  and  additions  to  the 
property  of  every  public  service  corporation.     Same. 

For  the  purpose  of  ascertaining  the  matters  and  things 
specified  in  section  47  of  this  act  concerning  the  value  of  the 

610  property  of  public  service  corporations  commission  may  cause  a 
hearing  or  hearings  to  be  held  at  such  time  or  times  and  place 
or  places  as  commission  may  designate.     Same,  sec.  70. 

Before  any  hearing  is  had  commission  shall  give  the  public 

service  corporations  affected  thereby  at  least  30  days'  written  no- 

.    tice  specifying  the  time  and  place  of  such  hearing  and  such  notice 

shall  be  sufficient  to  authorize  commission  to  inquire  into  the 

611  matters  designated  in  this  section  and  section  47,  but  this  pro- 
vision shall  not  prevent  comrnission  from  making  any  prelimi- 
nary examination  or  investigation  into  the  matters  herein 
referred  to  or  from  inquiring  into  such  matters  in  any  other 
investigation  or  hearing.     Same. 

All  public  service  corporations  affected  shall  be  entitled  to 
. .  be  heard  and  to  introduce  evidence  at  such  hearing  or  hearings. 

612  Commission  is  empowered  to  resort  to  any  other  spiirces  of 
information  available.  The  evidence  introduced  at  such  hear- 
ing shall  be  reduced  to  writing  and  certified  under  the  seal  of 
commission.     Same.  • 

Commission  shall  make  and  file  its  findings  of  fact"  in  writ- 
ing upon  all  matters  concerning  which  evidence  shall  have  been 

613  introduced  before  it  which  in  its  judgment  have  bearing  on  the 
value  of  the  property  of  the  public  service  corporation  affected. 
Same.  . 

The  findings  of  commission  so  made  and  filed,  when  properly 
certified  under  the  seal  of  commission  shall  be  "admissible  in 
evidence  in  any  action,  proceeding  or  hearing  before 'commission 
or  any  court,  in  which  commission,  the  state  or  any  officer,  de- 
partment or  institution  thereof  or  any  county,  city  and  county, 
municipality  or  other  body  politic  and  the  public  service  cor- 
poration affected  may  be  interested  whether  arising  under  the 
provisions  of  law  or  otherwise  and  such  findings  when  so  intro- 
duced shall  be  conclusive  evidence  o£  the  facts  therein  stated  as 
of  the  dates  therein  stated  under  conditions  then  existing,  and 
such  facts  can  only  be  controverted  by  showing  a  subsequent 
change  in  conditions  bearing  upon  the  facts  therein  djetermined. 
Same. 

Commission  may  from  time  to -time  cause  further  hearings 
and  investigations  to  be  had  for  the  purpose  of  making,  revalua- 

191 


tions  or  ascertaining  the  value  of  any  betterments,  improvements, 
additions  or  extensions  made  by  any  public  service  corporation 
subsequent  to  any  prior  hearing  or  investigation,  may  examine 
into  all  matters  which  may  change,  modify  or  affect  any  finding 
of  fact  previously  made  and  may  at  such  time  make  findings  of 
fact  supplementary  to  those  theretofore  made.     Same. 

Such  hearings  shall  be  had  upon  the  same  notice  and  be 
conducted  in  the  same  manner  and  the  findings  so  made  shall 
have  the  same  force  and  efiect  as  is  provided  herein  for  sucji  orig- 
inal notice,  hearing  and  findings;  provided,  that  such  findings 

616  made  at  such  supplementary  hearings  or  investigations  shall  be 
considered  in  connection  with  and  as  a  part  of  the  original 
findings  except  in  so  far  as  such  supplemental  findings  shall 
change  or  modify  the  findings  made  at  the  original  hearing  or 
investigation.     Same. 

ARKANSAS  Commission  shall  ascertain  as  early  as  prac- 

ticable the  amoimt  of  money  expended  in  the  construction  and 
equipment  per  mile  of  every  railroad  in  the  state,  the  amount  of 

617  money  expended  to  procure  the  right  of  way  and  the  amoimt  of 
money  it  would  require  to  reconstruct  the  roadbed,  track,  depots 
and  to  replace  all  the  physical  properties  belonging  to  the  rail- 
road.    Kirhys  Digest  1904,  sec.  682J. 

It  shall  also  ascertain  the  amounts  paid  for  salaries  to  the 

618  officers  of  the  railroad,  the  wages  paid  to  employes  and  the  op- 
erating expenses  of  each  and  every  railroad  in  the  state,  including 
repairs  and  interest  indebtedness. .  Same. 

When  the  information  is  obtained  it  shall  be  commimicated 
to  the  attorney  general  by  report  and  a  duplicate  of  same  filed 

619  with  the  auditor  for  pubHc  use  and  such  information  shall  be 
printed  from  time  to  time  in  the  annual  report  of  commission. 
Same. 

CALIFORNIA  Provisions  for  public  utilities  identical  with 

620  pars.  608,  609,  610,  611.     Stdts.  igii,  ist.  ex.  sess.,  ch.  14,  sees. 

Findings  of  commission  relative  to  the  value  of  the  property 

621  of  public  utilities  shall  be  subject  to  review  by  the  supreme 
court  in  the  same  manner  and  within  the  same  time  as  other 
orders  and  decisions  of  commission.     Same,  sec.  ^o. 

FLORIDA  Commission   may   employ   a   competent   in- 

spector to  inspect  the  physical  condition  of  the  roadbed,  rights 

192 


of  way,  tracks,  depot,  rolling  stock  and  other  fixtures  and  equip- 
628    ment  of  any  railroad  or  railroads  and  to  investigate  and  make 
estimate  on  cost  of  reproducing  the  same.     Laws  igoy,  ch.  ^622, 
sec.  I. 

Such  inspector  shall  be  paid  such  compensation  as  commis- 
sion deems  proper  out  of  the  funds  available  for  the  maintenance 

623  of  commission,  and  he  shall  report  in  writing  the  result  of  his 
inspection,  investigation  and  estimations  to  commission,  at  such 
times  and  in  such  manner  as  it  shall  direct.     Same. 

GEORGIA  Commission  may  ascertain  the  cost  of  con- 

struction and  the  present  value  of  properties  owned  by  common 
carriers,  railroads,  express,  street  railroad,  gas,  electric  light, 

624  power,  telephone  and  telegraph  companies,  dock  or  wharfage 
and  terminal  or  terminal  station  companies  and  may  employ 
necessary  experts.     Code  igiiy  sec.  2664. 

KANSAS  Commission  shall  ascertain  as  early  as  prac- 

ticable the  amoimt  of  money  expended  in  construction  and 
equipment  per  mile  of  every  railway  in  the  state,  the  amount 
of  money  expended  to  procure  the  right  of  way,  and  the  amount 
685  of  money  it  would  require  to  reconstruct  the  roadbed,  track, 
depots  and.  transportation  facilities,  and  to  replace  all  of  the 
physical  properties  belonging  to  the  railroads.  Gen.  Stats,  igog, 
sec.  J2iy. 

■     686  Commission  may  employ  experts  sworn  to  inspect  and 

assist  it  when  needed.     Same. 

From  time  to  time  as  the  information  is  obtained,  com- 
mission  shall    commimicate   the   same    to    the    attorney    for 
[    687    commission  and  to  the   attorney  general   by  report   and   said 
information  shall  be  printed  from  time  to  time  in  the  report  of 
commission.     Same. 

Commission  shall  ascertain  the  reasonable  value  of  all 
property  of  any  common  carrier  or  public  utiHty  used  or  re- 
quired to  be  used  in  its  services  to  the  public  whenever  it  deems 

688  the  ascertainment  of  such  value  necessary  in  order  to  enable  com- 
mission to  fix  fair  and  reasonable  rates,  joint  rates,  tolls  and 
charges.     Laws  igii,  ch.  2j8,  sec.  28. 

In  making  such  valuations  commission  may  avail  itself  of 

689  any  reports,  records  or  other  things  available  to  it  in  the  ofiice 
of  any  national,  state  or  mimicipal  officer  or  board.     Same. 

MARYLAND  Commission  shall  whenever  it  may  deem  it 

desirable  to  do  so  investigate  and  ascertain  the  fair  value  of 

193 


property  of  railroads,  street  railroads  and  carriers  used  by  them 
for  the  convenience  of  the  public.  Commission  may  employ 
such  engineers,  experts  and  other  assistants  as  may  be  necessary. 
Such  investigations  shall  be  prosecuted  with  diligence  and  thor- 
oughness and  the  results  thereof  reported  to  the  legislature  at 

630  each  regular  session.  Such  valuation  shall  show  the  value  of 
the  property  of  every  such  corporation  as  a  whole  and  the  value 
of  its  property  in  each  of  the  several  counties  and  municipalities 
within  the  state.  Every  such  valuation  shall  be  so  made  and 
ascertained  by  commission  that  as  far  as  possible  it  shall  not  dis- 
turb the  value  of  bonds  of  any  of  said  corporations  issued  prior 
to  the  passage  of  this  act.     Laws  igio,  ch.  i8o,  sec.  jo. 

Every  railroad,  street  railroad  and  carrier  shall  furnish  to 
commission  from  time  to  time  and  as  commission  may  require, 
maps,  profiles,  contracts,  reports  of  engineers  and  other  docu- 
ments, records  and  papers,  or  copies  of  any  and  all  of  the  same, 
in  aid  of  investigation  to  determine  the  value  of  the  property  of 

631  such  corporation  used  for  the  public  service  and  every  such  cor- 
poration is  required  to  co-operate  with  commission  in  the  work 
of  the  valuation  of  its  property  in  such  further  particulars  and 
to  such  extent  as  commission  may  reasonably  direct.     Same. 

Commission  shall  thereafter  in  like  manner  keep  itself  in- 
formed of  all  extensions  and  improvements  or  other  changes  in 

632  the  condition  of  the  property  of  the  said  corporations  and  ascer- 
tain the  fair  value  thereof  and  from  time  to  time  revise  and  cor- 
rect its  valuation  of  the  property  of  such  corporations.     Same. 

To  enable  commission  to  make  changes  and  corrections  in 
its  valuation  every  such  corporation  is  required  to  report  cur- 

633  rently  to  commission  and  as  commission  may  require  all  im- 
provements and  changes  in  its  property  and  to  file  with  com- 
mission copies  of  all  contracts  for  such  improvements  at  the 
time  same  are  executed.     Same. 

Whenever  commission  shall  have  completed  the  valuation 
of  property  of  any  such  corporations  and  before  such  valuation 
shall  become  final  commission  shall  give  notice  to  the  company 
or  companies  owning  or  operating  such  property  stating  the 
valuation  placed  upon  the  several  lines  of  roads  or  classes  of 
property  of  the  said  company  used  by  it  for  the  convenience  of 
the  public  and  shall  allow  the  company  or  companies  a  reasonable 
time  in  which  to  file  a  protest  of  same  with  commission.  If  no 
protest  is  filed  within  such  time  such  valuation  shall  become 
684  final.  If  notice  of  contest  is  filed  by  any  such  corporation  com- 
mission shall  fix  a  time  for  hearing  of  the  same  and  shall  proceed 

194 


as  promptly  as  may  be  possible  to  hear  and  consider  any  matter 
relative  and  material  thereto  which  may  be  presented  in  support 
of  said  protest.  If  after  hearing  any  contest  of  such  valuation 
commission  is  of  the  opinion  that  the  tentative  valuation  is  in- 
correct it  shall  make  such  changes  as  shall  make  the  same  a  fair 
valuation  of  such  property  and  shall  issue  an  order  to  make  such 
corrected  valuation  final.  All  final  valuations  by  commission 
shall  be  prima  facie  evidence  of  the  value  of  said  property  in 
proceedings  had  in  pursuance  of  law.     Same. ' 

Commission  shall  have  full  and  plenary  power  to  value  the 

635  plant,  property,  appurtenances,  assets  and  franchises  of  gas  and 
electrical  corporations.     Same,  sec.  31^. 

Commission  shall  have  plenary  power  to  make  all  valua- 

636  tions  of  the  lines,  property,  plant,  franchises  and  assets  of  tele- 
graph and  telephone  corporations.     Same,  sec.  jq. 

All  provisions  in  reference  to  steam  railroads,  street  rail- 
roads, gas  and  electric  corporations,  common  carriers  and  tele- 
phone and  telegraph  companies  with  respect  to  the  jurisdiction 

637  powers  and  duties  of  commission  over  and  in  relation  to  the  said 
corporations  and  companies  and  with  respect  to  the  valuation 
of  property,  plant  and  franchise  are  made  applicable  to  water 
companies,  heat  or  refrigerating  corporations  and  to  power  com- 
panies or  corporations.     Same,  sec.  42. 

See  also  par.  2/\.j2. 

MASSACHUSETTS     See  par.  2og. 

MICHIGAN  If  any  corporation  or  association  except  mu- 

nicipal corporations  or  any  lessee  or  trustee  thereof  or  any  person 
or  persons  engaged  in  the  business  of  transmitting  telephone  or 
telegraph  messages  or  producing  or  furnishing  heat,  light,  water 
or  mechanical  power  directly  or  indirectly  to  the  public  or  any 
railroad,  interurban  railroad  or  other  common  carrier  shall  fail, 

638  neglect  or  refuse  to  furnish  any  or  all  of  the  information  required 
by  commission  relative  to  an  investigation  as  to  the  issuance  of 
stocks,  bonds,  notes  or  other  evidences  of  indebtedness,  or  if 
commission  shall  so  direct,  an  appraisal  of  the  property  of  the 

.  applicant  shall  be  made  by  a  disinterested  person  or  persons  ap- 
pointed by  commission,  the  entire  expense  thereof  to  be  borne 
by  the  applicant.     Puh.  Acts  igii,  no.  777,  sec.  i. 

MINNESOTA  Commission  may  at  all  times  keep  up  the 

639  physical  valuation  of  the  railroad  properties  of  the  state.  Laws 
igog,  ch.  14J,  sec.  i. 

195 


All  railroad  companies  are  required  to  furnish  to  conunission 
on  Jtily  31st  of  each  year  and  at  such  other  times  as  commission 
may  reqmre  a  detailed  statement  showing  changes  in  the  physical 

640  conditions  of  its  properties  and  the  elements  of  cost  entering 
into  such  changes  for  both  debits  and  credits  of  .such  property 
and  the  distribution  of  the  debits  and  credits  whether  charged 
to  operating  or  capital  account.  Such  statements  shall  be  ftir- 
nished  in  the  manner  and  form  prescribed  by  commission.    Same. 

Commission  may  examine  all  books,  contracts,  vouchers, 

641  receipts  and  all  other  papers  or  documents  that  it  may  deem 
necessary  for  the  piurpose  of  said  valuation.     Same,  sec.  2. 

NEBRASKA.  Commission    shall    ascertain    forthwith    the 

642  physical  value  of  each  railroad^  and  public  service  corporation. ^ 
Acts  igog,  ch.  10^,  sec.  5. 

648  The  physical  value  so  ascertained  shall  be  the  physical 

value  of  each  of  these  properties  on  the  first  day  of  July  of  the 
year  in  which  such  valuation  is  ascertained.  Provided  that 
steam  railroads  shall  first  be  valued,  and  thereafter  other  public 
service  corporations  in  such  order  shall  be  valued  as  shall  be 
determined  by  commission.     Same. 

The  physical  valuation  in  case  of  railroads  shall  include: 
(a)  The  value  of  all  real  estate  owned  and  used  by  the  railroad 
company  in  the  operation  of  the  railroad;  (b)  the  value  of  all 
grading  required  in  the  building  of  the  railroad;  (c)  the  value  of 
all  bridges  and  viaducts  which  have  been  built  by  or  the  cost  of 
construction  of  which  have  been  contributed  to  by  any  company, 
culverts,  buildings,  water  stations  and  all  other  structures  which 
are  used  by  the  railroad  in  conducting  its  business;  (d)  the  value 
of  all  track  material,  track  tools,  fences,  stock  pens,  cattle 
guards,  grades  for  highway  and  farm  crossings,  track  signs  and 
mile  posts,  and  ballast  on  line,  and  the  value  of  all  interlocking 

644  signals  and  all  other  signal  apparatus  installed;  (e)  the  value  of 
all  telegraph  and  telephone  lines  and  apparatus  owned  and  used 
by  the  company;  (f)  the  value  of  all  stores  and  supplies  on  hand 
based  on  the  average  amoimt  carried  by  an  active  working 
railroad;  (g)  the  value  of  all  rolling  stock  (in  case  of  interstate 

1  The  term  railroad  shall  mean  and  express  all  corporations,  individuals,  associations 
of  individuals,  their  lessees,  trustees  or  receivers  (appointed  by  any  court  or  lawful  author- 
ity whatsoever)  that  now  or  may  hereafter  own,  operate,  manage  or  control  any  railroad 
or  part  of  a  railroad  as  a  common  carrier  or  cars  or  other  equipment  used  thereon,  or 
bridges,  terminals  or  side  tracks  used  in  connection  therewith,  whether  owned  by  such 
railroad  or  otherwise.    Acts  1900,  ch.  107,  sec.  i. 

«  The  term  public  service  corporation  shall  mean  and  express  every  railroad,  railway, 
telepraph,  express,  telephone,  and  the  rsdlroad  transportation  property  of  stockyard  com- 
panies.   Same,  sec.  si. 

196 


roads  this  shall  be  the  proportion  justly  chargeable  to  the  part 
of  the  road  lying  within  the  state);  (h)  the  value  of  all  shops, 
machinery,  tools,  side  tracks,  terminals  and  spurs;  (i)  the  value 
of  all  other  articles  or  things  belonging  to  and  necessarily  a  part 
of  the  road;  (j)  these  provisions  shall  apply  to  each  railroad  sepa- 
rately and  the  finding  of  commission  shall  show  the  total  value 
of  each  railroad,  the  number  of  miles  of  road  and  the  average 
value  per  nule  of  track.     Same,  sec.  4. 

The  basis  to  be  used  in  arriving  at  such  value  shall  be  the 
average  market  value  or  cost  of  labor  and  material  for  the  year 
ending  Jiily  first  of  the  year  in  which  such  valuation  is  made  and 
the  values  spoken  of  in  provisions  (a)  to  (i)  shall  be  the  amount 
of  money  f oim.d  necessary  to  rebiiild  the  road  complete  as  it  now 

645  stands  the  same  as  if  no  road  existed  upon  its  present  site  allow- 
ing for  a  reasonable  length  of  time  for  assembling  the  material 
and  doing  the  work  necessary  for  bringing  into  existence  such 
railroad.  The  proper  reductions  shall  be  made  for  the  wear  and 
shrinkage  in  value  on  account  of  age  and  wear  of  the  material  in 
the  railroad  tmder  consideration.     Same. 

The  physical  value  of  each  telegraph,  telephone,  express, 
and  the  railroad  transportation    property  of    stockyard  com- 

646  panics  shall  be  foimd  by  commission.  Said  value  shall  be  that 
existing  July  first  of  the  year  in  which  such  valuation  is  made. 
Same,  sec.  5. 

To  aid  in  arriving  at  such  value  commission  shall  furnish 
schedules  in  blank  covering  all  of  the  different  classes  of  property 
to  be  valued  to  each  of  such  companies  as  are  enimierated  in  pre- 
ceding paragraph  and  shall  require  such  companies  to  ftimish 
reports,  sworn  to  by  their  proper  officers,  on  the  schedules  fur- 
nished by  commission  of  the  actual  physical  valuation  of  the  dif- 

647  ferent  classes  of  property  used  in  conducting  their  business. 
If  the  actual  value  cannot  be  given  then  the  estimated  value 
based  on  the  market  value  of  labor  and  material  necessary  to 
duplicate  their  plant  from  which  they  shall  deduct  the  probable 
shrinkage  in  value  caused  by  age  and  use  of  material  as  it  exists 
on  July  first  of  the  year  in  which  such  valuation  is  made.     Same. 

Commission  may  call  on  any  railroad  or  public  service  cor- 

648  poration  for  any  information  necessary  in  making  a  physical 
valuation  of  its  property.     Same,  sec.  6. 

It  shall  be  the  duty  of  all  railroad  and  public  service  com- 
panies or  corporations  to  furnish  commission  with  such  informa- 

649  tion  sworn  to  by  their  proper  officers  as  commission  shall  require. 

197 


The  information  shall  be  furnished  in  the  manner  and  within  the 
time  prescribed  by  commission.     Same. 

Commission  may  by  and  with  the  consent  of  the  governor 
employ  such  clerical  and  expert  help  as  it  shall  need  in  ascer- 
taining the  physical  valuation  and  in  verifying  the  reports  pro- 

650  vided  for,  and  all  expense  inciured  shall  be  audited  and  paid  for 
out  of  any  money  appropriated  for  the  expense  of  commission. 
Same,  sec.  y. 

If  any  railway  company  or  public  service  corporation  shall 
refuse  or  fail  to  make  any  report  or  furnish  any  information 

651  sworn  to  by  its  proper  officers  as  required  and  in  the  time  re- 
quired by  commission,  it  shall  for  every  such  failtire,  violation  or 
refusal  forfeit  and  pay  into  the  state  treasury  a  sum  of  not  less 
than  $ioo  nor  more  than  $10,000.     Same,  sec.  8. 

Commission  shall  include  in  its  annual  report  made  in  1909 
a  resume  of  the  plan  of  procedtire  adopted  by  commission  and 
note  the  progress  being  made  in  the  work  and  shall  include  in  its 

652  annual  report  in  19 10  a  report  of  all  the  work  together  with  any 
recommendation  that  it  may  be  able  to  make  for  the  use  of  the 
governor  or  legislature.  Said  report  shall  include  a  statement  of 
the  expense  inciured  in  carr3dng  out  this  work.  It  shaU  in- 
clude also  the  annual  report  of  the  railroad  and  public  service 
companies  made  August  i,  1909.     Same,  sec.  g. 

Commission  when  it  shall  have  found  the  valuation  of  any 
property  shall  notify  the  company  or  owners  of  such  property 
of  its  finding  and  shall  set  a  time  not  less  than  30  nor  more  than 
60  days  from  the  date  of  notice  that  they  may  appear  and  show 

663.  cause  why  such  valuation  as  found  by  commission  should  be 
raised  or  lowered  or  amended  or  changed  in  any  particular. 
Commission  may  make  such  amendment  or  change  if  it  deems 
the  evidence  furnished  sufficient  to  warrant  it  in  doing  so.  Same, 
sec.  10. 

Commission  shall  include  in  its  annual  reports  from  year  to 
year  such  changes  as  it  shall  find  necessary  in  order  to  keep  the 
true  physical  value  of  the  different  properties  as  they  exist  on 

654  July  I  of  each  year,  and  it  may  employ  such  clerical  and  ex- 
pert help  as  shall  be  necessary  in  making  such  annual  revisions. 
Same,  sec.  11. 

NEW  JERSEY  Commission  may  from  time  to  time  appraise 

and  value  the  property  of  any  public  utility  whenever  in  the 

656  judgment  of  commission  it  shall  be  necessary  so  to  do  and  in 
making  such  valuation  commission  may  have  access  to  and  use 

198 


any  books,  documents  or  records  in  the  possession  of  any  de- 
partment or  board  of  the  state  or  any  political  subdivision 
thereof.     Laws  igii,  ch.  ig^,  sec.  i6{b). 

OHIO  Commission  may  investigate  and  determine 

the  value  of  all  the  property  including  the  value  of  its  physical 
property  of  every  public  utility  actually  used  and  useful  for  the 

666  service  and  convenience  of  the  public  whenever  it  deems  the 
ascertainment  of  such  value  necessary/  Laws  igii,  no.  325, 
sec.  26. 

Before  final  determination  of  the  value  of  the  property  of 

667  any  public  utility  commission  shall  after  due  notice  to  such 
public  utility  hold  a  public  hearing  as  to  such  valuation.  Same, 
sec.  27. 

668  Commission  may  at  any  time  upon  its  own  motion  make  a 
revaluation  of  such  property.     Same,  sec.  28. 

Commission  shall  keep  informed  of  all  new  construction,  ex- 

659  tensions  and  additions  to  the  property  of  public  utilities.  Same, 
sec.  35. 

Whoever,  being  a  member  of  commission,  shall  wilfully  over- 
value the  property  of  a  public  utility  for  the  ptirpose  of  enabling 
such  public  utility  to  exact  a  higher  rate  for  service  than  could 

660  lawfully  be  exacted  or  shall  wilfully  undervalue  such  property 
for  the  purpose  of  preventing  such  public  utility  from  charging 
a  lawful  rate  for  such  service  shall  be  fined  not  to  exceed  $1,000 
or  be  imprisoned  not  more  than  two  years  or  both.     Same,  sec.  8j. 

See  also  pars.  3188,  3446. 

OKLAHOMA  Commission  shall  ascertain  and  enter  of  record, 

the  same  to  be  a  public  record,  as  early  as  practicable,  the 
amount  of  money  expended  in  construction  and  equipment  per 
mile  of  every  railroad  and  other  public  service  corporation  in 

661  the  state,  the  amount  of  money  expended  to  procure  the  right 
of  way,  and  the  amount  of  money  it  would  require  to  recon- 
struct the  roadbed,  track,  depots  and  transportation  facilities, 
and  to  replace  all  the  physical  properties  belonging  to  the  rail- 
road or  other  public  service  corporation.    Const.,  art.  ix.,  sec.  2g. 

Commission   shall   also   ascertain   the   outstanding  bonds, 

662  debentures  and  indebtedness,    and    the  amount,   respectively, 

1  Such  valuation  may  be  made  in  fixing  and  determining  the  just  and  reasonable  rate, 
fare,  charge,  toll,  rental  or  service  to  be  thereafter  rendered,  charged,  demanded,  exacted 
or  collected  by  public  utilities,  in  substituting  rates  of  public  utilities  for  those  fixed  by 
ordinance  and  shall  be  made  in  the  matter  of  consolidation,  purchase,  lease  or  contract  by 
which  two  or  more  telephone  companies  merge  or  operate  their  lines  or  plants  jointly  or 
in  connection  with  each  other.  All  valuations  so  ascertained  and  demanded  shall  be  open 
at  all  times  to  public  inspection.     Laws  iQii,  no.  325,  sees.  25,  48,  64. 

199 


thereof,  when  issued,  and  the  rate  of  interest,  when  due,  for 
what  purpose  issued,  how  used,  to  whom  issued,  to  whom  sold, 
and  the  price  in  cash,  property  or  labor,  if  any,  received  therefor, 
what  became  of  the  proceeds,  by  whom  the  indebtedness  is  held, 
the  amotint  purporting  to  be  due  thereon,  the  floating  indebted- 
ness of  the  company,  to  whom  due,  and  his  address,  the  credits 
due  on  it,  the  property  on  hand  belonging  to  the  railroad  com- 
pany or  other  public  service  corporation,  and  the  judicial  or 
oticver  sales  of  said  road,  its  property  or  franchises  and  the  amounts 
purporting  to  have  been  paid,  and  in  what  manner  paid  therefor. 
Same. 

Commission  shall  also  ascertain  the  amounts  paid  for  sal- 

663  aries  to  the  officers  of  the  railroad  or  other  public  service  cor- 
poration, and  the  wages  paid  its  employes.     Same. 

664  Commission  may  employ  experts  to  assist  it  when  needed. 
Same. 

From  time  to  time  as  the  information  is  obtained,  com- 
mission shall  communicate  the  same  to  the  attorney  general  by 

665  report  and  file  a  duplicate  thereof  with  the  state  examiner  and 
inspector  for  public  use,  and  said  information  shall  be  printed 
from  time  to  time  in  the  annual  report  of  commission.     Same. 

OREGON  Commission  shall  ascertain  from  time  to  time 

as  nearly  as  practicable  the  amount  of  money  expended  in  the 

666  construction  and  equipment  of  every  railroad,  the  amount  of 
money  expended  to  procure  the  right  of  way,  also  the  amount  of 
money  it  would  require  to  secure  the  right  of  way,  reconstruct 
the  roadbed,  track,  depots  and  other  facilities  for  transporta- 
tion, and  to  replace  all  the  physical  properties  belonging  to  the 
railroad.     Gen.  Laws  igoy,  ch.  5j,  sec.  46. 

It  shall  ascertain  the  outstanding  bonds,  debentures  and 
indebtedness  and  the  amounts  respectively  thereof,  the  date 
when  issued,  to  whom  issued,  to  whom  sold,  the  price  paid  in 
cash,  property  or  labor  therefor,  what  disposition  was  made  of 

667  the  proceeds,  by  whom  the  indebtedness  is  held,  so  far  as  ascer- 
tainable, the  amoimt  purporting  to  be  due  thereon,  the  floating 
indebtedness  of  the  railroad,  the  credits  due  the  railroad,  other 
property  on  hand  belonging  to  it,  the  judicial  or  other  sales  of 
said  road,  its  property  or  franchises,  and  the  amounts  purporting 
to  have  been  paid  therefor.     Same. 

Commission  shall  also  ascertain  the  gross  and  net  income  of 
the  railroad  from  all  sources  in  detail,  the  amount  paid  for 

668  salaries  to  the  officers  of  the  road,  the  wages  paid  to  its  employes, 

200 


and  the  maximum  hoiirs  of  continuous  service  required  of  each 
class.     Same. 

669  Whenever  the  information  is  obtained  it  shall  be  printed  ill 
the  annual  report  of  commission.     Same. 

670  In  making  such  investigation  commission  may  avail  itself  of 
any  information  in  possession  of  any  state  board  or  officer.    Same. 

Commission  shall  value  all  the  property  of  every  public 

671  utility  actually  used  and  useful  for  the  convenience  of  the  public. 
Gen.  Laws  iQii,  ch.  2yg,  sec.  g. 

In  making  such  valuation  commission  may  avail  itself  of 

672  any  information  in  possession  of  the  board  of  state,  tax  com- 
missioners or  any  other  state  officer  or  board.     Same. 

Before  final  determination  of  such  value  commission  shall 
after  notice  to  the  public  utility  hold  a  public  hearing  as  to  such 
valuation  in  the  manner  prescribed  for  hearing  complaints. 

673  Commission  shall  within  five  days  after  such  valuation  is  de- 
termined serve  a  statement  thereof  upon  the  public  utility  in- 
terested and  shall  file  a  like  statement  with  the  auditor,  recorder 
or  clerk  of  every  mtinicipality  in  which  any  part  of  the  plant  or 
equipment  of  such  public  utility  is  located.     Same,  sec.  lo. 

Commission  may  at  any  time  on  its  own  initiative  make  a 

674  revaluation  of  such  property  and  may  make  a  revaluation  upon 
the  application  of  any  public  utility  filed  not  less  than  six 
months  after  the  service  of  such  statement.     Same. 

Commission  shall  keep  itself  informed  of  aU  new  construc- 
1'  675  tion,  extensions  and  additions  to  the  property  of  such  public 
utilities.     Same,  sec.  i8. 

Whenever  required  by  commission  every  public  utility  shall 
deliver  to  commission  any  or  all  maps,  profiles,  contracts,  re- 

676  ports  of  engineers  and  all  docimients,  books,  accounts,  papers 
and  records  or  copies  of  any  or  all  of  the  same,  with  a  complete 
inventory  of  all  its  property  in  such  form  as  commission  may 
direct.     Same,  sec.  40. 

PENNSYLVANIA  Commission  may  whenever  in  its  opinion  the 
public  interests  require  in  connection  with  any  proposed  increase 
in  the  capital  stock,  bonds,  or  other  fixed  indebtedness  of  any 
common  carrier  employ  competent  experts  to  investigate  the 

677  character,  cost  and  valuation  of  the  property  of  such  common 
carrier  and  the  necessity  for  the  proposed  increase  of  capital  or 
indebtedness  and  shall  report  to  the  secretary  of  internal  affairs 
the  result  of  such  investigation  for  his  consideration  and  action. 
Laws  igo'j,  no.  250,  sec.  17. 

201 


SOUTH  DAKOTA  Commission  shall  ascertain  and  determine  the 
true  cash  value  of  all  the  property  of  every  railroad  company  used 
in  the  operation  and  maintenance  of  their  respective  railways; 
and  for  the  purpose  of  determining  the  true  cash  value  of  the 
property  of  each  company  commission  if  deemed  necessary  may 
view  and  inspect  the  property  of  such  company  and  shall  con- 

678  sider  the  reports  filed  in  compliance  with  law  as  now  furnished 
and  the  reports  and  the  rettuns  of  the  company  filed  in  the  office 
of  any  officer  of  this  state  and  such  other  evidence  or  information 
as  may  have  been  taken  or  obtained  bearing  upon  the  true  cash 
value,  of  the  property  of  such  railroad  company  in  case  of  rail- 
road companies  which  own  or  operate  railroads  partly  within 
and  partly  without  the  state  commission  shall  value  only  the 
property  within  the  state.     Sess.  Laws  igoj,  ch.  211,  sec.  i. 

In  determining  such  value  the  value  of  the  entire  system, 
the  mileage  of  the  whole  system  and  of  the  part  within  the  state, 
together  with  such  information,  facts  and  circimistances  as  will 
enable  commission  to  make  substantially  just  and  correct  de- 

679  termination  may  be  considered.  When  the  true  cash  value  of 
the  property  of  a  railroad  company  within  the  state  shall  have 
been  ascertained  and  determined  the  amount  thereof  shall  be. 
entered  upon  the  books  of  commission  kept  for  that  purpose  op- 
posite the  name  of  the  company  and  shall  be  and  constitute  the 
true  cash  value  of  the  entire  property  of  such  railroad  company 
within  the  state.     Same. 

Commission  shall  commence  such  valuation  on  the  first  day 

680  of  July  1907  and  continue  until  the  same  shall  have  been  com- 
pleted and  valuation  shall  be  completed  as  soon  as  practicable. 
Same,  sec.  2. 

See  also  par.  2jo. 

TEXAS  Commission  shall  ascertain  as  early  as  practicable  the 

amount  of  money  expended  in  construction  and  equipment  per 
mile  of  every  railway  in  the  state,  the  amoimt  of  money  expended 

681  to  procure  the  right  of  way  and  the  amount  of  money  it  would  re- 
quire to  reconstruct  the  roadbed,  track,  depots  and  transporta- 
tion, and  to  replace  all  the  physical  properties  belonging  to  the 
railroad.     Sayles^  Civ.  Stats.  i8gy,  art.  4570. 

It  shall  also  ascertain  the  outstanding  bonds,  debentures 
and  indebtedness  and  the  amount  respectively  thereof,  when 
issued,  and  the  rate  of  interest,  to  whom  sold,  and  the  price 
in  cash,  property  or  labor,  if  any,  received  therefor,  what  became 
of  the  proceeds,  by  whom  the  indebtedness  is  held,  the  amount 

202 


682  purporting  to  be  due  thereon,  the  floating  indebtedness  of  the 
company,  to  whom  due,  and  his  address,  the  credits  due  on  it, 
the  property  on  hand  belonging  to  the  railroad  company,  and 
the  judicial  or  other  sales  of  the  said  road,  its  property  or  fran- 
chises, and  the  amount  purporting  to  have  been  paid,  and  in 
what  manner  paid  therefor.     Same. 

Commission  shall  also  ascertain  the  amounts  paid  for  sal- 
ess    aries  to  the  officers  of  the  railroad,  and  the  wages  paid  its  em- 
ployes.    Same. 

684  Commission  may  employ  sworn  experts  to  inspect  and  assist 
it  when  needed.     Same. 

From  time  to  time  as  the  information  is  obtained  com- 
mission shall  communicate  the  same  to  the  attorney  general  by 

685  report  and  file  a  duplicate  thereof  mth  the  comptroller  for  public 
use  and  said  information  shall  be  printed  from  time  to  time  in  the 
annual  report  of  commission.     Same. 

Commission  shall  ascertain  and  in  writing  report  to  the 

686  secretary  of  state  the  value  of  each  railroad  in  the  state  includ- 
ing all  its  franchises,  appurtenances  and  property.  Same,  art. 
4584c. 

After  it  shall  have  prepared  said  report  of  value  commission 
shall  give  the  company  interested  ten  days'  notice  in  writing  by 
registered  letter  to  the  president,  treasurer  or  receiver  of  said 
railroad  to  the  effect  that  said  report  is  ready  to  be  made,  and 
that  if  it  have  any  objections  thereto  it  must  file  them  in  writing 
within  40  days  after  said  service  or  the  same  ^vill  be  so  deposited 
with  the  secretary  of  state  as  correct.     Should  the  company  or 

687  its  duly  authorized  representative  file  with  commission  any  ob- 
jections to  said  report  of  value  commission  shall  duly  investigate 
and  pass  on  the  same.  On  investigation  if  commission  con- 
clude that  its  report  of  value  is  too  low  or  too  high  then  it  shall 
make  the  necessary  correction  before  filing  it.  Should  no  ob- 
jection be  filed  within  the  time  permitted  or  being  filed  and  on 
examination  found  without  merit  commission  shall  forthwith 
file  its  said  report  in  the  office  of  the  secretary  of  state  where  it 
shall  remain  as  a  public  record  as  a  limitation  for  the  issuance  of 
indebtedness  under  the  limitations  prescribed  by  law.     Same. 

To  promote  public  interests  and  protect  private  rights  com- 

688  mission  after  due  notice  under  the  rule  herein  prescribed  may 
correct  its  report  of  value  of  any  railroad  at  any  time  it  may  deem 
proper.     Same. 

See  also  par.  3268. 

203 


WASHINGTON  Conunission  shall  ascertain  as  early  as  prac- 

ticable the  cost  of  construction  and  eqtdpment,  the  amount  ex- 
pended in  permanent  improvements,  and  the  proportionate 
amoimt  of  such  permanent  improvements  charged  in  construc- 

689  tion  and  to  operating  expenses,  respectively,  the  present  as 
compared  with  the  original  cost  of  construction,  and  the  cost  of 
reproducing  in  its  present  condition  the  property  of  every  public 
service  company.     Laws  ipii,  ch.  iiy,  sec.  g2. 

It  shall  ascertain  the  amotint  and  present  market  value  of 

690  the  capital  stock  and  fimded  indebtedness  of  every  public  service 
company.     Same. 

It  shall  also  ascertain  in  the  case  of  companies  engaged  in 

691  interstate  business  the  relative  value  of  the  use  to  which  such 
property  within  the  state  is  actually  put  in  the  conduct  of  inter- 
state business  and  state  business  respectively.    Same. 

It  shall  also  ascertain  the  total  market  value  of  the  property 

692  of  each  public  service  company  used  for  the  public  convenience 
within  the  state.     Same. 

It  shall  also  ascertain  the  time  intervening  between  the  ex- 

693  penditure  of  money  in  the  cost  of  construction  and  the  time 
when  returns  in  the  shape  of  dividends  were  first  received  by 
each  of  these  companies.     Same. 

It  shall  also  ascertain  the  probable  earning  capacity  of  each 

694  public  service  company  under  the  rates  now  charged  by  such 
companies  and  the  sum  required  to  meet  fixed  charges  and 
operating  expenses,  and  in  case  of  a  company  doing  interstate 
business  it  shall  also  ascertain  the  probable  earning  capacity  of 
such  company  upon  intrastate  business  and  the  sum  required  to 
meet  fixed  charges  and  operating  expenses  on  intrastate  busi- 
ness, and  the  relative  proportion  of  intrastate  and  interstate 
business,  the  relative  proportion  of  the  operating  expenses  con- 
nected therewith,  the  relative  proportion  of  the  revenue  which 
shoiild  be  derived  therefrom.     Same. 

It  shall  also  ascertain  the  density  of  traffic  and  of  popula- 
696    tion  tributary  to  every  public  service  company,  and  the  con- 
ditions which  tend  to  show  whether  such  traffic  and  population 
is  likely  to  continue,  increase  or  diminish.     Same. 

It  shall  also  ascertain  the  existence  of  grades,  curvatures 
696    and  other  physical  conditions  affecting  the  movement  of  traffic 
and  business  of  common  carriers.     Same. 

It  shall  also  ascertain  whether  the  expenditures  already 
wi    made  by  any  public  service  company  in  procuring  its  property 

204 


were  such  as  were  justified  by  the  then  existing  conditions  and 
such  as  might  reasonably  be  expected  in  the  immediate  future, 
and  whether  the  money  expended  by  such  company  has  been 
reasonable  for  the  present  needs  of  the  company,  and  for  such 
needs  as  may  reasonably  be  expected  in  the  immediate  futiire. 
Same. 

Commission  may  cause  a  hearing  or  hearings  to  be  held  at 

698  such  time  or  times  and  place  or  places  as  commission  may 
designate  for  the  ptupose  of  ascertaining  the  matters  and  things 
provided  for  in  these  provisions.     Same. 

Commission  shall  before  any  hearing  is  had  notify  the  com- 
pany concerned  of  the  time  and  place  of  such  hearing,  by  giving 
at  least  30  days'  written  notice  thereof,  specifying  that  at  the 

699  time  and  place  designated  a  hearing  will  be  held  for  the  piupose 
of  ascertaining  the  value  of  such  company's  property  within  the 
state,  which  shall  be  a  sufficient  complaint  to  authorize  com- 
mission to  inqtiire  into  the  matters  designated  in  these  provisions. 
Same. 

All  companies  affected  shall  be  entitled  to  be  heard  and 
I    700    introduce  evidence  at  such  hearing.     The  evidence  introduced 
at  such  hearing  shall  be  reduced  to  writing  and  certified  under 
the  seal  of  commission.     Same. 

Commission  shall  make  and  render  findings  of  fact  in  writ- 
ing covering  all  matters  in  this  law  mentioned  concerning  which 

701  it  is  directed  to  inquire  into,  and  shall  make  findings  upon  all 
matters  concerning  which  evidence  may  have  been  introduced 
before  it  shall  tend  to  show  the  value  of  the  property  used  by 
such  company  for  the  public  convenience.     Same. 

Any  company  affected  by  the  findings  or  any  of  them  be- 
lieving such  findings  or  any  of  them  to  be  contrary  to  law  or  the 
evidence  introduced  or  that  such  findings  are  xmfair,  unwar- 
ranted or  unjust  may  institute  proceedings  in  the  superior 
court  and  have  such  findings  reviewed  and  their  correctness, 
reasonableness  and  lawfulness  inquired  into  and  determined. 
Such  review  shall  be  heard  by  the  coiut  without  the  interven- 
tion of  a  jury  and  shall  be  heard  upon  the  evidence  and  exhibits 
taken  before  commission  and  certified  to  by  it;  and  the  cotirt 

702  before  which  such  hearing  is  had,  in  case  it  finds  any  such  find- 
ings so  sought  to  be  reviewed  unjust,  incorrect,  unreasonable, 
unlawftil  or  not  supported  by  the  evidence,  shall  make  new  and 
correct  findings  to  take  the  place  of  such  as  may  not  be  sus- 
tained imless  such  findings  are  set  aside  and  reversed  for  error 

205 


on  the  part  of  commission  in  rejecting  evidence  properly  proffered, 
in  which  case  it  shall  remand  said  hearing  to  commission  with 
instructions  to  receive  the  evidence  so  proffered  and  rejected  and 
make  findings  of  fact  on  the  evidence  so  proffered  and  that 
already  received.     Same. 

Said  public  service  company  or  commission  shall  have  the 
right  to  appeal  from  the  decision  of  the  superior  court  to  the 
supreme  court  as  in  civil  cases.  In  case  the  supreme  court  finds 
any  findings  so  sought  to  be  reviewed  unjust,  incorrect,  imlawful 
or  unreasonable  or  not  supported  by  the  evidence  it  shall  either 

703  make  and  render  proper  findings  or  remand  the  case  to  the 
superior  coiurt  with  instructions  to  make  proper  findings  on  the 
evidence  already  submitted  unless  the  same  is  reversed  for  error 
in  rejecting  evidence  properly  proffered,  in  which  case  the  hear- 
ing shall  be  remanded  to  commission  with  instructions  to  receive 
the  evidence  so  proffered  and  make  findings  on  the  evidence  so 
proffered  and  rejected  and  that  already  received.     Same. 

The  findings  of  commission  so  filed  or  as  the  same  may  be 
corrected  by  the  courts  when  properly  certified  under  the  seal 
of  commission  shall  be  admissible  in  evidence  in  any  action,  pro- 
ceeding or  hearing  in  which  the  state  or  any  officer,  department 

704  or  institution  thereof,  or  any  coimty,  municipality  or  other  body 
politic  and  the  public  service  company  affected  is  interested, 
whether  arising  imder  the  provisions  of  law  or  otherwise,  and 
such  findings  when  so  introduced  shall  be  conclusive  evidence  of 
the  facts  stated  in  such  findings  as  of  the  date  therein  stated 
under  conditions  then  existing,  and  such  facts  can  only  be  con- 
troverted by  showing  a  subsequent  change  in  conditions  bear- 
ing upon  the  facts  therein  determined.     Same. 

When  commission  shall  have  valued  the  property  of  any 

public  service  company  as  provided  for  by  law  nothing  less  than 

706    the  market  value  so  found  by  commission  shall  be  taken  as  the 

true  value  of  the  property  of  such  company  used  for  the  public 

convenience  for  the  purpose  of  assessment  and  taxation.     Same. 

Commission  shall  hereafter  from  time  to  time  cause  further 
hearings  to  be  had  for  the  purpose  of  ascertaining  the  better- 
ments, improvements,  additions  and  extensions  made  by  any 
public  service  company  to  its  property  subsequent  to  the  date 
of  any  prior  hearing,  and  shall  examine  into  all  traffic  movement 
and  every  matter  and  thing  that  would  change,  modify  or  affect 
any  finding  of  fact  previously  made  and  shall  at  such  time  make 
706    findings  of  fact  supplemental  to  those  theretofore  made,  showing 

2o6 


the  amount  expended  in  betterments,  improvements,  exten- 
sions and  additions  since  such  prior  findings  and  the  cost  of  re- 
producing the  same,  the  value  of  the  property  used  by  such  com- 
pany at  the  time  of  such  subsequent  hearing,  the  relative  value 
of  the  use  to  which  such  property  is  put  in  the  performance  of 
intrastate  and  interstate  business  respectively,  and  the  value  of 
the  property  of  such  company  in  the  state  used  for  the  public 
convenience  of  intrastate  business.     Same. 

Such  hearing  shall  be  had  upon  the  same  notice,  the  ex- 
amination conducted  in  the  same  manner,  and  the  findings  so 
made  shall  have  the  same  force  and  effect  as  is  provided  herein 
for  such  original  notice,  hearing  and  findings:  Provided,  That 

707  such  findings  made  at  such  supplemental  hearing  shall  be  con- 
sidered in  connection  with  and  as  a  part  of  the  original  findings 
except  in  so  far  as  such  supplemental  findings  shall  change  or. 
modify  the  findings  rq^de  at  the  original  hearing.     Same. 

WISCONSIN  A  provision  identical  with  par.   666,   except 

that  "commission  shall  ascertain  from  time  to  time"  reads 
''commission  shall  ascertain";   one  identical  with  par.  667,  ex- 

708  cept  that  "and  the  amounts  purporting  to  have  been  paid 
therefor"  reads  "and  the  amounts  purporting  to  have  been  paid 
and  in  what  manner  paid  therefor";  and  provisions  identical 
with  pars.  668,  669.    Laws  1905,  ch.  j62,  sec.  i'jgj~2o. 

In  making  such  investigation  for  valuation  commission  may 

709  avail  itself  of  any  information  in  possession  of  the  state  board 
of  assessment.     Same. 

Commission  shall  value  all  the  property  of  every  public 

710  utility  actually  used  and  useful  for  the  convenience  of  the  public. 
Laws  igoy,  ch.  4gg,  sec.  ijgym-^. 

711  In  making  such  valuation  commission  may  avail  itself  of  any 
information  in  possession  of  the  state  board  of  assessment.    Same. 

Before  final  determination  of  such  value  commission  shall 
after  notice  to  public  utility  hold  a  public  hearing  as  to  such  val- 

712  uation  in  the  manner  prescribed  for  hearing  in  sections  i797m-45 
to  i797m-55  inclusive,  and  the  provisions  of  such  sections  so 
far  as  applicable  shall  apply  to  such  hearing.    Same,  sec.  lygjm- 

•        6{i). 

Commission  shall  within  five  days  after  such  valuation  is 
determined  serve  a  statement  thereof  upon  the  public  utility 

713  interested  and  shall  file  a  like  statement  with  the  clerk  of  every 
municipality  in  which  any  part  of  the  plant  or  equipment  of 
such  public  utility  is  located.    Same,  sec.  Tygjm-6{2). 

207 


714  Commission  may  at  any  time  on  its  own  initiative  make  a 

revaluation  of  such  property.     Same,  sec.  I'jgjm-j. 

716  Also  provisions  identical  with  pars.  675,  676.     Same,  sees. 

I797m-i6,  i797m-42{3). 

Under  the  stock  and  bond  law  of  191 1  commission  may  make  a  valuation  of  all  the 
property  of  a  public  service  corporation  if  it  deem  it  pertinent  to  the  inquiry  or  investiga- 
tion relative  to  an  issuance  of  stocks,  certificates  of  stock,  bonds,  notes  or  ,other  evidence 
of  indebtedness  for  money  only.  It  shall  determine  the  true  valuation  in  detail  of  the 
property,  services  or  other  consideration  other  than  money  for  which  it  is  proposed  to  issue 
in  whole  or  in  part  such  stocks,  certificates  of  stock,  bonds,  notes  or  other  evidences  of  in- 
debtedness. Reorganized  corporations  may  issue  stocks,  certificates  of  stock  and  bonds 
for  the  property  of  the  predecessor  corporations  in  an  amount  not  to  exceed  the  true  value 

716  of  the  property  as  found  and  determined  by  commission  and  stated  in  the  certificate  of 
authority  issued  to  such  corporations.  In  cases  of  consolidation,  the  property  of 
another  public  service  corporation  or  of  any  person  furnishing  service  to  the  public  purchased 
directly  or  indirectly  or  in  any  way  acquired  shall  first  be  valued  as  provided  by  law  and 
then  only  at  a  sum  not  to  exceed  the  value  found  and  determined  by  commission  and  stated 
in  the  certificate  of  authority  issued  to  such  corporation  for  the  issuance  of  stocks,  certificates 
of  stock,  bonds,  notes  or  other  evidence  of  indebtedness.  Laws  191 1,  ch.  593,  sees.  1733-9(2), 
I753-Q{5),  1753-11(1),  1753-11(2). 

In  determining  the  value  of  the  property  of  a  public  service  corporation  or  of  .any 
person  furnishing  service  to  the  public,  for  the  purposes  of  the  stock  and  bond  law  no  fran- 

717  chise  to  be  a  corporation  and  no  franchise  or  privilege  granted  to  such  corporation  by  the 
state  or  a  municipality  shall  be  appraised,  fixed,  or  considered  at  any  greater  sum  or  value 
than  the  sum  paid  therefor  into  the  public  treasury  of  the  state  or  the  municipality  granting 
the  same.     Same,  sec.  1753-15. 

See  also  pars.  3277,  3301,  3302,  3449. 

d;     sliding   scale,   profit   sharing, 

AUTOMATIC  adjustment,  MINIMUM 
CHARGE  AND  GRADUATED  CHARGES 

ARIZONA  Any   public   service    corporation   may   itself 

profit  to  the  extent  permitted  by  commission  from  any  econo- 
mies, efficiencies  or  improvements  which  it  may  make  and  may 

718  distribute  by  way  of  dividends  or  otherwise  dispose  of  the  profits 
to  which  it  may  be  so  entitled  and  commission  may  make  or  per- 
mit such  arrangement  or  arrangements  with  any  public  service 
corporation  as  it  may  deem  wise  for  the  piirpose  of  encouraging 
economies,  efficiencies  or  improvements  and  securing  to  the  pub- 
lic service  corporation  making  the  same  such  portion  if  any  of  the 
profits  thereof  as  commission  may  determine.  Sess.  Laws  1912, 
ch.  gOy  sec.  20. 

A  corporation  or  person  engaged  in  the  production,  gener- 
ation, transmission  or  furnishing  of  heat,  cold  air,  light,  water  or 
power,  or  telegraph  or  telephone  service  may  establish  a  sliding 

719  scale  of  charges;  provided  that  a  schedule  showing  such  scale  of 
charges  shall  first  have  been  filed  with  commission  and  such 
schedule  and  each  rate  set  out  therein  approved  by  it.  Same, 
sec.  21. 

Any  such  corporation  or  person  may  enter  into  an  arrange- 
ment for  a  fixed  period  for  the  automatic  adjustment  of  charges 

208 


for  heat,  cold  air,  light,  water  or  power  or  telegraph  or  telephone 
'  wo  service,  in  relation  to  the  dividends  to  be  paid  to  stockholders  of 
such  corporation,  or  the  profit  to  be  realized  by  such  person; 
provided  that  a  schedule  showing  the  scale  of  charges  under  such 
arrangement  shall  first  have  been  filed  with  commission  and  such 
schedules  and  each  rate  set  out  therein  approved  by  it.  Same. 
Commission  may  revoke  its  approval  at  any  time  and  fix 

721  other  rates  and  charges  for  the  product  or  commodity  or  service. 
Same. 

CALIFORNIA  Provisions  for  public  utilities  identical  with 

722  pars.  718,  719,  720,  721,  except  that  "cold  air"  is  omitted. 
Stats,  ipiij  ist.  ex.  sess.,  ch.  14,  sees.  20,  21. 

MARYLAND  Gas  or  electrical  corporations  may  establish  a 

sliding  scale  for  the  automatic  adjustment  of  charges  for  gas, 
electricity  or  any  service  rendered  or  to  be  rendered  and  the 

723  dividends  to  be  paid  to  stockholders  of  such  gas  or  electrical  cor- 
porations, provided  that  the  sliding  scale  shall  have  been  filed 
with  the  proper  commission;  but  commission  may  fix  proper, 
just  and  reasonable  rates  and  charges  to  be  made  for  service. 
Laws  igio,  ch.  180,  sec.  31%. 

MASSACHUSETTS  From  and  after  June  30,  1906,  the  standard 
price  to  be  charged  by  the  Boston  Consolidated  Gas  Company  for 
gas  supplied  to  its  customers  shall  be  90  cents  per  1,000  cubic 
feet,  which  price  shall  not  hereafter  be  increased  except  as  herein- 

724  after  provided.  From  and  after  the  said  date  the  standard  rate 
of  dividends  to  be  paid  by  said  company  to  its  stockholders  shall 
be  seven  per  cent  per  annum  on  the  par  value  of  capital  stock, 
which  rate  shall  not  thereafter  be  increased  except  as  hereinafter 
provided.     Acts  igo6,  ch.  422,  sec.  i. 

If  during  any  year  ending  on  Jiuie  30  the  maximum  net 
price  per  1,000  feet  charged  by  the  company  has  been  less  than 
the  standard  price  the  company  may  dturing  the  following  year 
726  declare  and  pay  dividends  exceeding  the  standard  rate  in  the 
ratio  of  one-fifth  of  one  per  cent  for  every  one  cent  of  reduction 
of  said  maximimi  net  price  below  the  standard  price.  Same, 
sec.  2. 

Said  company  shall  annually  publish  in  the  month  of  Sep- 
tember in  one  or  more  newspapers  published  in  the  city  of  Bos- 
726  ton  a  report  showing  for  the  previous  fiscal  year  among  other 
things  the  cost  per  1,000  feet  to  such  company  of  gas  in  the 
holder,  itemizing  said  cost  so  as  to  show  the  cost  per  1,000  feet 

209 


for  gas  manufactured,  of  wages  at  works  and  of  the  main  items 
of  materials;  also  the  cost  per  i,ooo  feet  of  distribution;  also  the 
amount  per  i,ooo  feet  if  any  charged  as  depreciation  of  ways, 
works  and  machinery;  also  the  amount  per  i,ooo  feet  if  any 
charged  for  maintenance  repairs;  together  with  such  other  items 
of  account  as  may  from  time  to  tinie  be  prescribed  by  gas  and 
electric  light  commission.     Same,  sec.  j. 

Said  commission  may  upon  petition  of  the  mayor  or  board 
of  aldermen  of  a  city  or  of  the  selectmen  of  a  town  in  which  said 
company  is  fiurnishing  gas  and  after  hearing  the  company  revise 
the  method  of  determining  the  cost  of  gas  supplied  by  said  com- 

727  pany  and  determine  finally  and  conclusively  the  actual  cost  of 
gas  furnished  and  the  clear  profits  made  by  said  company  applica- 
ble to  the  payment  of  dividends  for  the  year  ending  June  30. 
Any  orders  made  by  commission  shall  be  enforceable  as  provided 
by  law.     Same,  sec.  4. 

If  the  clear  profits  of  the  company  applicable  to  the  pay- 
ments of  dividends  amount  in  any  year  to  a  larger  sum  than  is  suf- 
ficient to  pay  the  dividends  which  the  company  is  herein  au- 
thorized to  pay  the  next  succeeding  year  the  excess  above  the 
sum  necessary  for  that  purpose  may  from  time  to  time  to  the 
extent  of  one  per  cent  per  annum  of  the  par  value  of  the  capital 

728  of  the  company  be  invested  in  securities  in  which  savings  banks 
incorporated  under  the  laws  of  the  state  are  authorized  by  law 
to  invest  and  the  dividends  and  interest  arising  from  such  se- 
curities shall  also  be  invested  in  the  same  or  like  securities  in 

'  order  that  the  same  may  accumulate  at  compound  interest 
imtil  the  f imd  so  formed  amounts  to  a  sum  equal  to  one-twentieth 
of  the  par  value  of  the  capital  stock  of  the  company  which  sum 
shall  form  a  reserve  fund;  provided,  that  when  and  so  often  as  the 
said  fund  shall  by  reason  of  the  accumulation  of  interest  or 
dividends  or  otherwise  exceed  one-twentieth  of  the  par  value  of 
the  capital  stock  the  excess  shall  be  carried  to  the  credits  of  the 
clear  profits  of  the  company  applicable  to  the  payment  of  divi- 
dends.    The  company  may  from  time  to  time  use  said  fund  or  any 
portion  thereof  to  meet  any  extraordinary  claim,  demand,  or 
charge  which  may  at  any  time  arise  against  or  fall  upon  the 
-"  ,1  company  from  fire,  accident,  or  other  circumstances  which  due 
-  ./care  and  management  could  not  have  prevented;  and  whenever 
• ;  .;■   in  one  year  the  clear  profits  of  the  business  of  the  company  for 
the  preceding  year  applicable  to  the  payment  of  dividends  are 
::.  /:  insufficient  to  enable  it  to  pay  the  dividends  which  the  company 

210 


I 


is  herein  authorized  to  pay  it  may  apply  said  fund  or  such  portion 
thereof  as  may  be  necessary  toward  the  payment  of  the  dividends 
which  the  company  is  herein  authorized  to  pay  for  such  year. 
If  the  reserve  fund  be  reduced  at  any  time  it  may  hereafter  again 
be  made  up  to  one-twentieth  of  the  par  value  of  the  capital 
stock  of  the  company  and  so  from  time  to  time  as  often  as  such 
reduction  shall  happen;  provided,  that  resort  may  be  had  to  the 
reserve  fimd  for  any  of  the  purposes  above  mentioned  although 
such  fund  may  not  at  the  time  have  reached  or  may  have  been 
reduced  below  the  full  amount  of  one-twentieth  as  aforesaid. 
Same,  sec.  5. 

If  in  any  year  the  amount  of  the  clear  profits  of  the  business 
of  the  company  applicable  to  the  payment  of  dividends  exceeds 
the  amount  required  to  pay  the  dividends  herein  authorized  to 

729  be  paid  during  the  next  succeeding  year  and  the  amounts  which 
herein  authorized  to  be  set  aside  for  the  reserve  fund  the  excess 
of  such  profits  shall  be  paid  to  the  cities  and  towns  in  which  the 
company  is  supplying  gas  in  proportion  to  the  number  of  miles 
of  mains  in  each  of  such  cities  and  towns.     Same,  sec.  6. 

At  any  time  after  the  expiration  of  ten  years  from  June  30, 
1906,  gas  and  electric  light  commission  may  upon  the  petition  of 
the  company  or  upon  the  petition  of  the  mayor  of  any  city  or  of 
the  selectmen  of  any  town  in  which  the  company  is  supplying 
gas  to  consumers  lower  or  raise  the  standard  price  per  1,000 

730  cubic  feet  to  such  extent  as  may  justly  be  required  by  reason  of 
greater  or  less  burdens  which  may  be  imposed  upon  the  company, 
by  reason  of  improved  methods  in  the  art  of  manufacture,  by 
reason  of  changes  in  the  prices  of  material  and  labor  or  by  reason 
of  changes  in  other  conditions  affecting  the  general  cost  of  the 
manufacture  or  distribution  of  gas.     Same,  sec.  g. 

NEW  YORK  Gas  or  electrical  corporations  may  establish  a 

sliding  scale  for  a  fixed  period  for  the  automatic  adjustment  of 
charges  for  gas,  electricity  or  any  service  rendered  or  to  be  ren- 
dered and  the  dividends  to  be  paid  to  stockholders  of  such  gas  or 

.781  electrical  corporation;  provided,  that  the  sliding  scale  shall  first 
have  been  filed  with  and  approved  by  the  proper  commission; 
but  commission  after  the  expiration  of  such  fixed  period  may 
fix  proper,  just  and  reasonable  rates  and  charges  to  be  made  for 
service.  Laws  19 10,  ch.  480,  sec.  6$  (4). 
See  also  par.  1426. 

OHIO  Any  public  utility  may  enter  into  any  reason- 

732    able  arrangement  with  its  customers,  consumers    or    employes 

21 1 


for  the  division  or  distribution  of  its  siirplus  profits  or  provide 
for  a  sliding  scale  of  charges  or  provide  for  a  minimum  charge  for 
service  to  be  rendered,  imless  such  minimtim  charge  is  made  or 
prohibited  by  the  terms  of  the  franchise,  grant  or  ordinance  imder 
which  such  public  utility  is  operated,  a  classification  of  service 
based  upon  the  quantity  used,  the  time  when  used,  the  purpose 
for  which  used,  the  duration  of  use,  and  any  other  reasonable 
consideration  or  provide  any  other  financial  device  that  may  be 
practicable  or  advantageous  to  the  parties  interested.  No  such 
arrangement,  sliding  scale,  minimtim  charge,  classification  or 
device  shall  be  lawful  tmless  the  same  shall  be  filed  with  and 
approved  by  commission.  Every  such  public  utility  is  required 
to  conform  its  schedules  of  rates,  tolls  and  charges  to  such  ar- 
rangement, sliding  scale,  classification  or  other  device.  Every 
such  arrangement,  sliding  scale,  minimtim  charge,  classification 
or  device  shall  be  tinder  the  supervision  and  regulation  of  com- 
mission, and  subject  to  change,  alteration  or  modification  by 
commission.     Laws  igii,  no.  j2^,  sec,  ig. 

WISCONSIN  Any  public  utility  may  enter  into  any  reason- 

able arrangement  with  its  customers  or  consumers  or  with  its 
employes  for  the  division  or  distribution  of  its  surplus  profits  or 
provide  for  a  sliding  scale  of  charges  or  other  financial  device 

733  that  may  be  practicable  and  advantageous  to  the  parties  inter- 
ested. No  such  arrangement  or  device  shall  be  lawful  until  it 
shall  be  found  by  commission  after  investigation  to  be  reason- 
able and  just  and  not  inconsistent  with  the  purposes  of  the  law. 
Such  arrangement  shall  be  under  the  supervision  and  regulation 
of  commission.    Laws  igoj,  ch.  4gg,  sec.  lygym-iy. 

Commission  shall  ascertain,  determine  and  order  such  rates, 
charges  and  regulations  as  may  be  necessary  to  give  effect  to 
such  arrangement  but  the  right  and  power  to  make  such  other  and 
further  changes  in  rates,  charges  and  regulations  as  commission 

784  may  ascertain  and  determine  to  be  necessary  and  reasonable 
and  the  right  to  revoke  its  approval  and  amend  or  rescind  all 
orders  relative  thereto  is  reserved  and  vested  in  commission  not- 
withstanding any  such  arrangement  and  mutual  agreement. 
Same. 


212 


CHAPTER   IV 

Establishment  and  Change  of  Rates 


I 


SCOPE  NOTE 

This  chapter  includes  grants  of  power  authorizing 
commissions  to  regulate  or  prescribe  the  rates  and  charges 
of  utilities^  and  such  provisions  as  indicate  the  procedure 
to  he  followed  in  the  exercise  of  these  powers  and  the  legal 
effect  to  he  given  to  the  rates  and  charges  so  established. 
Provisions  involving  the  establishment  of  maximum  rates 
by  legislative  enactment,  even  when  enforcement  is  left  to 
commissions,  have  been  excluded.  For  provisions  inci- 
dentally  involving  procedure  in  rate  making,  see  ch.  xiv, 
on  commission  procedure  and  practice.  For  provisions 
incidentally  involving  the  enforcement  of  rates,  see  ch.  xv, 
on  enforcement.  For  provisions  indicating  the  principles 
to  he  observed  in  determining  reasonable  rates,  see  ch.  iii, 
on  basis  of  rate  making.  For  provisions  requiring  pub- 
licity in  the  establishment  and  change  of  rates,  see  ch.  v, 
on  publicity  of  rates.  For  provisions  regulating  rate  mak- 
ing in  practice,  see  ch.  vi,  on  discrimination  in  rates  and 
service.  For  provisions  prescribing  general  procedure  to 
be  followed  in  the  exercise  of  commission  authority,  see 
ch.  xiv,  on  commission  procedure  and  practice.  For  pro- 
visions prescribing  general  rules  of  enforcement  and  judi- 
cial review,  see  ch.  xv,  on  enforcement.  For  general 
statement  of  scope  and  method,  see  introduction. 


213 


ANALYSIS 

Page 

A.  General  authority  of  commission  over  rates  and  charges 215 

1.  Authority  of  commission  to  approve,  regulate,  supervise  or 
enforce  rates  and  charges. 215 

2.  Authority  of  commission  to  investigate  rates  and  charges 218 

3.  Authority  of  commission  to  investigate  rates  and  charges  and 
make  recommendations  with  respect  thereto 219 

4.  Authority  of  commission  over  contracts  and  agreements  as  to 
rates  and  charges 222 

B.  Authority  of  commission  to  fix,  establish  or  prescribe  rates  and  charges.  225 

C.  Authority  of  commission  on  its  own  motion  or  on  complaint  after  in- 
vestigation to  change  rates  and  charges  previously  in  force  and  to  fix, 
establish  or  prescribe  others  in  lieu  thereof  to  be  followed  in  the  future.  250 

D.  Special  authority  of  commission  and  duty  of  utilities  with  respect  to 
the  establishment  and  change  of  joint  or  through  service  and  routes, 
and  rates  and  charges  therefor 296 

1 .  Carriers  of  persons  and  goods 296 

2.  Physical  connection  of  telephone  and  telegraph  companies ...  .   318 

3.  Street  railway  transfers 325 

E.  Authority  of  commission  and  duty  of  ■  utilities  with  respect  to  the 
establishment  and  change  of  particular  rates  and  charges 328 

1 .  Interstate  rates 328 

2.  Emergency  rates 337 

3.  Rates  not  specifically  designated 341 

F.  Authority  of  commission  and  duty  of  utilities  with  respect  to  rates  and 
charges  in  effect  on  a  date  designated  by  law 342 

G.  Authority  of  commission  to  alter,  amend  or  rescind  rates  and  charges, 

or  its  own  orders  with  respect  thereto 347 

H.     Authority  of  commission  with  respect  to  the  suspension  of  rates  and 

charges 352 

I.       Validity  of  rates  and  charges  prescribed  by  commission  and  period  of 

enforcement 358 


214 


A.  GENERAL  AUTHORITY  OF  COMMIS- 
SION OVER  RATES  AND  CHARGES. 

I.     Authority  of  Commission  to  Approve,  Regulate,  Supervise 
or  Enforce  Rates  and  Charges. 

ALABAMA  Commission  shall  supervise,  regulate  and  con- 

trol all  transportation  companies  doing  business  in  the  state  in 

736  all  matters  relating  to  the  performance  of  their  public  duties  and 
for  all  charges  therefor  and  shall  correct  abuses  therein  by  such 
companies.     Code  igoy,  sec.  5651. 

Commission  may  regulate  railroad  freight  and  passenger 
tariffs,  the  locating  and  building  of  passenger  and  freight  depots, 

736  correct  abuses  and  prevent  unjust  discrimination  and  extortion 
and  require  reasonable  and  just  rates  of  freight  and  passenger 
tariffs.     Same,  sec.  5652. 

See  also  pars.  241,  16^4. 

ARIZONA,  CALIFORNIA 

No  public  service  corporation  ^  shall  raise  any 
rate,  fare,  toll,  rental  or  charge  or  so  alter  any  classification,  con- 
tract, practice,  rule  or  regulation  as  to  result  in  an  increase  in  any 

737  rate,  fare,  toll,  rental  or  charge,  under  any  circumstances  whatso- 
ever, except  upon  a  showing  before  commission  and  a  finding  by 
commission  that  such  increase  is  justified.  Ariz.-. — Sess.  Laws 
igi2,  ch.  go,  sec.  6j{a);  Cal. — Stats,  igii,  ist.  ex.  sess.,  ch.  14, 
sec.  6.? (a). 

See  also  par.  3162. 

FLORIDA  Commission  may  regulate  the  charges  for  stor- 

age, wharfage  and  demurrage  under  such  just  and  reasonable 
conditions  as  it  may  prescribe  and  may  regulate  and  direct  the 

;lr88  use  and  charges  for  use  of  refrigerator  cars,  refrigerator  fruit  boxes, 
icing,  etc.,  in  transit,  and  may  direct  and  control  all  other  matters 
pertaining  to  railroad  that  shall  be  for  the  good  of  the  public. 
Gen.  Stats.  igo6,  sec.  28gj.    .  .  . 

See  also  pars.  24g,  2ji,  252. 

GEORGIA  See  pars.  253,  254. 

INDIANA  Commission  shall  supervise  all  railroad,  freight 

739    and  passenger  tariffs,  correct  abuses,  and  prevent  unjust  discrim- 

^  "  Public  utility,"  in  California. 


I 


215 


ination  and  extortion  in  the  rates  of  freight  and  passenger  tariffs 
on  the  different  railroads,  and  enforce  the  same  by  proceedings 
for  the  enforcement  of  penalties  provided  by  law  through  courts 
of  competent  jurisdiction.     Acts  igoy,  ch.  241,  sec.  3. 

Commission  shall  enforce  reasonable  and  just  rates  of  charges 
for  each  railroad  company  for  the  use  or  transportation  of  loaded 
or  empty  cars  on  its  road,  and  may  so  enforce  for  each  railroad  or 

740  for  all  railroads  alike  reasonable  rates  for  storing  and  handling  of 
freight  and  for  use  of  cars  not  loaded  or  unloaded  within  48  hours 
after  notice  of  arrival  and  placement  for  service,  not  to  include 
Sundays  or  legal  holidays.     Same,  sec.  ^(J). 

Commission  shall  enforce  reasonable  rates  for  the  transpor- 
tation of  passengers  over  each  or  all  of  the  railroads,  which  rates 

741  shall  not  exceed  the  rates  fixed  by  law.  Commission  may  enforce 
reasonable  rates,  tolls  or  charges  for  all  other  service  performed 
by  any  railroad.     Same,  j(g). 

KANSAS  Commission  shall  supervise  all  railroad  freight 

and  passenger  schedules,  rates,  tariffs  and  classifications  within 
the  state,  and  all  rules  and  regulations  governing  car  service,  the 
transfer  and  switching  of  cars  from  one  railroad  to  another  at 
jimction  points  or  where  entering  the  same  city  or  town,  all 

742  charges  to  be  made  therefor,  as  well  as  the  rules  and  regulations 
adopted  by  any  railroad  for  the  operation  of  its  road  in  the  run- 
ning of  its  trains  in  the  state,  and  immediately  to  notify  the  attor- 
ney for  commission  whenever  it  has  knowledge  or  good  reason  to 
believe  that  any  of  the  laws  of  the  state  relating  thereto  are  being 
violated.     Gen.  Stats,  igog,  sec.  7170. 

All  railroad  companies,  or  other  common  carriers,  entering 
cities  or  places  as  shall  be  designated  by  commission  as  terminal 
points,  are  hereby  required  to  publish  and  put  into  effect  freight 

743  and  passenger  tariff  schedules  between  such  stations  and  all  other 
stations  in  the  state,  on  such  lines  of  railroad,  within  three  months 
from  the  taking  effect  of  this  act,  which  freight  and  passenger 
tariff  schedules  shall  first  be  approved  by  commission.  Same, 
sec.  7248. 

MASSACHUSETTS    See  pars,  27^,  280. 

MICHIGAN  See  pars.  282,  2132. 

MINNESOTA  See  par.  1664. 

MISSOURI  Rates  published  by  warehousemen  and  ele- 

vatormen  on  the  first  week  of  January  of  each  year  shall  not  be 

216 


increased  during  the  year  without  the  consent  of  commission,  and 
such  published  rates,  or  any  pubHshed  reduction  of  them,  shall 

744  apply  to  all  grain  received  into  or  handled  by  such  warehouse  or 
elevator  from  any  person  or  sotirce,  and  no  discrimination  shall 
be  made  directly  or  indirectly,  for  or  against  any  person  in  any 
charges  made  by  such  warehouseman  or  elevatorman  for  the 
transferring,  handling  or  storing  of  grain.  Rev.  Stats,  igog, 
sec,  6yg4. 

NEBRASKA.  It  is  unlawful  for  any  railway  company  or  com- 

mon carrier  to  change  any  rate,  schedule  or  classification  until 
application  has  been  made  to  commission  and  permission  had  for 

745  that  piupose.  Any  railway  company  or  common  carrier  violat- 
ing this  provision  shall  be  deemed  guilty  of  a  misdemeanor  and 
upon  conviction  thereof  shall  be  fined  any  simi  not  exceeding 
$10,000.    Cobbey^s  Annot.  Stats,  igog,  sec.  10663(c). 

See  also  par.  2g8. 

NEVADA  See  par.  2152. 

NEW  YORK  Subject    to    the    regulation    of    commission, 

freight  terminal  companies  may  establish  classifications  of  their 

746  business  and  rates  for  each  class  thereof  as  well  as  for  any  com- 
bination of  two  or  more  classes  of  such  service  and  the  further 
terms  and  conditions  on  which  such  freight  terminal  services 
shall  be  furnished.     Laws  igii,  ch.  yyS,  sec.  155. 

OHIO  See  par.  2173. 

OKLAHOMA  Commission  shall  supervise,  regulate  and  con- 

trol all  transportation  and  transmission  companies  doing  business 

747  in  the  state  in  all  matters  relating  to  the  performance  of  their 
public  duties  and  their  charges  therefor  and  correct  abuses  and 
prevent  unjust  discrimination  and  extortion  by  such  companies. 
Const.,  art.  ix.,  sec.  18. 

See  also  par.  32  j. 

OREGON  Whenever,  after  hearing  and  investigation  as 

provided  in  sections  28,  29  and  30  of  Gen.  Laws  1907,  ch.  53, 
commission  shall  find  that  any  charge,  regulation  or  practice 

748  affecting  the  transportation  of  passengers  or  property  or  any 
service  in  connection  therewith  is  unjustly  discriminatory  against 
any  locality,  it  may  regulate  same  as  provided  in  said  sections. 
Gen.  Laws  igog,  ch.  p/,  sec.  2. 

See  also  par,  2181, 

217 


SOUTH  CAROLINA  Identical  with  par.    253.     Gen.   Stats.    1Q02, 
749    sec.  2220. 

See  also  par.  jj8. 

SOUTH  DAKOTA       The  charges  for  storage  and  handling  of  grain  ;|| 
by  warehousemen  shall  in  all  cases  be  equal  and  just,  and  shall 

760  be  approved  by  commission  before  going  into  effect,  and  shall 
not  exceed  the  usual  charges  heretofore  existing.  Rev.  Pol.  Code 
IQ03,  sec.  4g8. 

No  rate  or  charge  for  the  transmission  of  any  message  or  for 
any  other  service  in  connection  with  any  telephone  line  or  ex- 
change shall  be  increased  without  the  written  consent  of  commis- 
sion entered  in  the  journal  of  its  proceedings;   provided,  all  ter- 

761  minal  fees  for  incoming  or  outgoing  toll  messages  shall  be  uniform 
and  the  maximum  charge  on  each  incoming  or  outgoing  toll  mes- 
sage shall  not  exceed  five  cents  for  any  message  originating  or 
terminating  in  South  Dakota,  unless  otherwise  ordered  by  com-  % 
mission.     Sess.  Laws  igii,  ch.  218,  sec.  4. 

See  also  par.  1686. 

VIRGINIA  For  transportation  and  transmission  compan- 

762  ies,  identical  with  par.  735.    Const.,  sec.  ij6{b). 

See  also  pars,  jjj,  i68g. 

WISCONSIN  See  pars.  1694,  2224. 

2.     Authority  of  Commission  to  Investigate  Rates  and  Charges. 

MICHIGAN  Commission  may  hear  and  determine  the  com- 

plaints of  any  person,  firm,  association,  corporation,  body  politic 
or  municipal  corporation,  against  the  rates  and  charges  or  the 

763  service  rendered  or  facilities  furnished  or  complaints  as  to  service 
withheld  or  refused  to  be  rendered,  furnished  or  performed  by 
persons,  firms  or  corporations  operating  telephone  lines  or  ex- 
changes or  doing  a  telephone  business.  Puh.  Acts  191 1,  no.  ij8, 
sec.  8. 

MINNESOTA  The  attorney  general  may,  whenever  in  his 

opinion  the  public  interest  requires,  make  complaint  to  commis- 
sion charging  that  any  rate,  schedule  of  rates  or  the  entire  sched- 

764  ule  of  rates,  or  any  classification,  rule  or  regulations  of  any  carrier 
is  unjust,  unreasonable  or  discriminatory.  Commission  shall 
investigate  such  complaint  in  the  manner  provided  for  the  inves- 
tigation of  complaints  made  imder  the  provisions  of  section  1969 
of  revised  laws  of  1905.     Laws  191 1,  ch.  50,  sec.  i. 

218 


MISSOURI  Commission  shall  see  that  all  schedules  of  rates 

prepared  and  adopted  by  common  carriers  are  reasonable  and 
just,  and  it  may,  upon  complaint  of  any  person,  or  upon  its  own 

765  motion  and  without  complaint,  make  inquiry  from  time  to  time, 
and  determine  whether  the  schedule  of  rates  prepared  and 
adopted  by  any  such  common  carrier  is  reasonable  and  just. 
Rev.  Stats,  igog,  as  amended,  sec.  3187. 

MONTANA  Commission  must  within  40  days  after  the  fil- 

ing with  commission  of  a  complaint  by  a  shipper,  or  other  person 

766  interested,  proceed  to  investigate  and  determine  the  justness  and 
reasonableness  of  any  classification,  rate,  charge,  toll,  regulation 
or  order  made  by  commission.    Rev.  Codes  igoj,  sec.  43yg. 

J.     Authority  of  Commission  to  Investigate  Rates  and  Charges 
and  Make  Recommendations  with  Respect  Thereto. 

IOWA  Commission  shall,  upon  the  application  of  the 

mayor  and  council  of  any  city,  or  town,  or  the  trustees  of  any 
township,  make  an  examination  of  the  rate  of  passenger  fare  or 
freight  tariff  charged  by  any  railroad  company,  and  of  the  condi- 
tion or  operation  of  any  railroad,  any  part  of  whose  location  lies 
within  the  limits  of  such  city,  town  or  township ;  and  if  2  5  or  more 
voters  in  any  city,  town  or  township  shall  by  written  petition 
request  the  mayor  and  council  of  such  city,  or  town,  or  the  trus- 
tees of  such  township,  to  make  the  said  complaint  and  application, 
and  they  refuse,  they  shall  state  the  reason  therefor  in  writing 
upon  the  petition,  and  return  the  same  to  the  petitioners,  who 

757  may  thereupon,  within  ten  days  from  the  date  of  such  refusal 
and  retiim,  present  the  same  to  commission,  who  shall,  if  it  thinks 
the  public  good  demands  the  examination,  proceed  to  make  it  in 
the  same  manner  as  if  called  upon  by  the  mayor  and  council  of 
any  city  or  town,  or  the  trustees  of  any  township.  Before  pro- 
ceeding to  make  such  examination,  it  shall  give  to  the  petitioners 
and  the  corporation  reasonable  notice,  in  writing,  of  the  time  and 
place  of  entering  upon  the  same.  If  upon  such  an  examination, 
it  shall  appear  to  commission  that  the  complaint  is  well  founded, 
it  shall,  within  ten  days,  inform  the  corporation  operating  such 
railroad  of  its  finding,  and  shall  report  its  doings  to  the  governor. 
Code  i8gy,  sec.  211'/. 

MASSACHUSETTS  Upon  complaint  in  writing  relative  to  the  serv- 
ice or  charges  for  service  in,  to  or  from  any  city  or  town  in  the 

219 


state,  as  rendered  or  made  by  any  company  engaged  therein  in 
the  transmission  of  intelligence  by  electricity  signed  by  the  mayor 
of  the  city  or  the  selectmen  of  the  town  or  any  20  customers  of 
the  company,  commission  shall  notify  the  company  by  leaving  at 
its  office  or  place  of  business  in  such  city  or  town,  a  copy  of  the 
complaint  and  shall  thereupon,  after  notice,  give  a  public  hearing 
to  the  complainant  or  complainants  and  to  the  company  and  after 

768  the  hearing  may  make  such  recommendations  concerning  the 
reduction,  modification  or  continuation  of  such  charges  for  serv- 
ice or  concerning  improvements  in  the  quality  of  the  service  or 
concerning  such  other  matter  in  the  premises  as  commission  shall 
deem  just  and  proper.  Any  such  recommendations  shall  be  trans- 
mitted in  writing  by  commission  to  the  company  complained  of 
and  the  report  of  the  proceedings  and  of  the  result  thereof  shall 
be  included  in  the  annual  report  of  commission,  together  with  aj 
statement  of  the  action,  if  any,  which  the  company  has  taken  on 
the  recommendation.     Acts  igo6,  ch.  ^jj,  sec.  5. 

If  the  board  is  of  opinion  that  repairs  are  necessary  upon  any 
railroad  or  railway  or  that  an  addition  to  its  rolling  stock  or  an 
addition  to  or  change  or  relocation  of  its  stations  or  station  houses 
or  waiting  rooms  or  a  change  in  its  rates  of  fares  for  transporting 
freight  or  passengers,  ^  or  in  the  mode  of  operating  its  railroad  or 

789  railway  and  conducting  its  business  is  reasonable  and  expedient, 
in  order  to  promote  the  security,  convenience  and  accommodation 
to  the  public,  it  shall  in  writing  inform  the  corporation  or  com- 
pany of  the  improvements  and  changes  which  it  recommends 
should  be  made.  Acts  igo6,  ch.  46 j,  pt.  i,  sec.  p,  as  amended 
by  Acts  1909,  ch.  343. 

Commission  upon  its  own  initiative  or  upon  request  of  any 
person,  after  a  public  hearing  and  investigation,  if  it  is  of  the 
opinion  that  the  change  in  the  rates  charged  or  accommodations 
ftimished  by  any  person,  firm,  association  or  corporation  doing 

760  an  express  business  upon  a  railroad  or  railway  in  the  state  or  in 
the  method  in  which  the  business  is  conducted  is  reasonable  and 
expedient  in  order  to  promote  the  convenience  and  accommodation 
of  the  public,  shall  in  writing  inform  such  person,  firm,  association 

1  A  railroad  corporation  may  establish  for  its  sole  benefit  fares,  tolls  and  charges  upon 
all  passengers  and  property  conveyed  or  transported  on  its  railroad,  at  such  rates  as  may 
be  determmed  by  its  directors,  and  may  from  time  to  time  by  its  directors  regulate  the  use 
of  its  railroad,  but  such  fares,  tolls  and  charges,  and  such  regulations,  shall  be  subject  to 
revision  and  alteration  by  the  general  court,  or  by  such  officers  or  persons  as  it  may  appoint 
for  the  purpose,  anything  in  the  charter  of  the  railroad  corporation  to  the  contrary  not- 
withstanding.    Acts  IQ06,  ch.  463,  pt.  ti,  sec.  i8i. 

Every  street  railway  company  may  establish  the  rates  of  fares  for  all  passengers  and 
property  conveyed  or  transported  in  its  cars  subject  however  to  the  limitations  named 
m  its  charter  or  hereinafter  set  forth.     Acts  igoO,  ch.  463,  pt.  Hi,  sec.  96. 

All  provisions  of  law  relative  to  changes  and  regulations  of  fares  upon  railroads  shall 
apply  to  changes  and  regulation  of  fares  upon  street  railways.    Same,  sec.  Joo, 

220 


or  corporation  of  the  change  which  it  recommends  should  be 
made.     Acts  igo8,  ch.  ^gg,  sec.  4. 

Upon  complaint  in  writing  relative  to  the  service  furnished 
in  any  city  or  town  or  the  charges  made  by  any  company  engaged 
in  the  business  of  supplying  water  to  any  city  or  town  or  to  the 
inhabitants  thereof,  signed  by  the  mayor  of  the  city  or  the  select- 
men of  the  town,  or  by  50  customers  of  the  company  and  filed  in 
the  office  of  the  state  board  of  health,  said  board  shall  notify  the 
company  by  leaving  at  its  office  or  place  of  business  in  such  city 
or  town,  a  copy  of  the  complaint  and  may  thereupon  after  notice, 
give  a  public  hearing  to  the  complainant  or  complainants  and  to 
the  company  and  shall  require  the  company  to  furnish  such  infor- 
T61  mation  in  its  possession  as  may  be  necessary  to  determine  the 
matters  involved  in  the  complaint,  and  after  the  hearing,  may 
make  such  recommendations  concerning  the  reduction,  inodifi- 
cation  or  continuation  of  such  charges  for  services  or  concerning 
improvements  in  the  quality  of  the  service  or  extensions  of  the 
same  or  concerning  other  matters  in  the  premises  as  the  board 
shall  deem  just  and  proper.  Any  such  recommendations  shall 
be  transmitted  in  writing  by  the  board  to  the  company  com- 
plained of,  and  a  report  of  the  proceedings  and  of  the  result 
thereof  shall  be  included  in  the  annual  report  of  the  board  to- 
gether with  a  statement  of  the  action,  if  any,  taken  by  the  com- 
pany upon  the  recommendation.     Acts  igog,  ch.  ^ig,  sec.  i. 

PENNSYLVANIA  Commission  shall  whenever  after  full  hearing 
upon  a  complaint  it  shall  be  of  the  opinion  that  any  of  the  rates 
or  charges  whatsoever  demanded,  charged  or  collected  by  any 
common  carrier  or  carriers  are  unjust  or  imreasonable  or  imjustly 
discriminatory  or  imduly  preferential  or  prejudicial  or  otherwise 
in  violation  of  any  provision  of  law  or  that  any  regulation  or  prac- 
tice in  respect  to  transportation  is  imjust,  unfair  or  imreasonable, 
and  in  violation  of  law,  decide  and  recommend  what  will  be  the 
just  and  reasonable  rate  or  rates,  charge  or  charges  to  be  there- 
after observed  in  such  case  as  the  maximimi  to  be  charged  and 
what  regulation  or  practice  in  respect  to  transportation  is  just, 
fair  and  reasonable  to  be  thereafter  followed.  Laws  igo'/,  no. 
2^0,  sec.  8. 

If,  after  examination  of  the  same,  it  shall  appear  to  commis- 
sion that  any  of  the  rates  or  charges  established  or  demanded  by 
any  common  carrier  are  excessive  and  imreasonable;  or  that  re- 
pairs, additions,  alterations  or  changes  in  or  upon  any  property 
of  a  common  carrier  and  used  by  it  as  such,  are  necessary  or  that 

221 


any  additional  stations  are  necessary;  or  additional  train-serv- 
ice to  any  station,  or  that  any  addition  to  the  rolling-stock,  or  any 
addition  to  or  change  of  a  station  or  station-houses,  are  necessary; 
or  that  additional  terminal  facilities  should  be  afforded,  or  that 
any  change  of  the  rates  of  fare  for  transporting  freight  or  pas- 
sengers, or  in  the  mode  of  operating  the  road,  or  conducting  its 
business,  are  reasonable  and  expedient,  in  order  to  promote  the 
763  security,  convenience  and  accommodation  of  the  public,  com- 
mission shall  give  notice  thereof  and  information  in  writing  to 
the  common  carrier,  of  the  improvement  and  changes  which 
said  commission  deem  proper,  and  shall  give  such  common  carrier 
an  opportunity  for  a  full  hearing  in  relation  thereto ;  and  if  the 
common  carrier  refuses  or  neglects  to  make  such  repairs,  im- 
provements, or  changes  within  a  reasonable  time  after  such  in- 
formation and  hearing,  or  fails  to  satisfy  the  commission  that  no 
action  is  required  to  be  taken  by  it,  commission  shall  certify  to 
the  secretary  of  internal  affairs  and  the  attorney  general  the 
facts  relating  thereto,  for  their  action  according  to  law,  as  the 
public  interests  may  require,  and  report  the  same  in  detail  in 
its  next  succeeding  report  to  the  governor.     Same,  sec.  17. 

4.     Authority  of  Commission  over  Contracts  and  Agreements 
as  to  Rates  and  Charges. 


FLORIDA  All  contracts  and  agreements  between  any  and 

all  railroads,  railroad  companies  and  common  carriers  doing  busi- 
ness in  the  state,  as  to  rates  of  freight  and  passenger  tariffs,  use 
and  transportation  of  cars,  shall  be  submitted  to  commission 
for  inspection  and  correction,  that  it  may  be  ascertained  as  to 
whether  or  not  they  are  reasonable  and  just,  and  will  insure 
prompt  delivery  of  freights  and  passengers  to  points  of  destina- 

764  tion,  or  the  violation  of  any  section  of  this  act,  and  commission 
may  revise  and  correct  the  same  and  make  such  rules  and  regu- 
lations in  accordance  therewith  as  it  may  deem  necessary,  which 
said  rules  and  regulations  shall  be  observed  and  obeyed  by  said 
railroads,  railroad  companies  and  common  carriers  as  other  rules 
and  regulations  of  this  chapter,  and  any  such  agreement  not  ap- 
proved by  commission  shall  be  deemed  illegal  and  void.  Gen. 
Stats.  1Q06,  sec.  2goy. 

GEORGIA  All  contracts  and  agreements  between  railroad 

companies  doing  business  in  the  state,  as  to  rates  of  freight  and 
passenger  tariffs,  shall  be  submitted  to  said  commission  for  in- 

222 


spection  and  correction,  that  it  may  be  seen  whether  or  not  they 
are  a  violation  of  law  or  of  the  provisions  of  the  constitution,  or 
of  this  act,  or  of  the  rules  and  regtilations  of  said  commission;  and 
all  arrangements  and  agreements  whatever  as  to  the  division  of 
earnings  of  any  kind  by  competing  railroad  companies  doing  busi- 
ness in  this  state,  shall  be  submitted  to  said  commission  for  inspec- 

765  tion  and  approval,  in  so  far  as  they  affect  rules  and  regulations 
made  by  said  commission  to  secure  to  all  persons  doing  business 
with  said  companies  just  and  reasonable  rates  of  freight  and  pas- 
senger tariffs;  and  said  commission  may  make  such  rules  and  reg- 
ulations as  to  such  contracts  and  agreements  as  may  then  be 
deemed  necessary  and  proper,  and  any  such  agreement,  not  ap- 
proved by  such  commission,  or  by  virtue  of  which  rates  shall 
be  charged  exceeding  the  rates  fixed  for  freight  and  passengers, 
shall  be  deemed,  held  and  taken  to  be  violations  of  article  4, 
section  i,  paragraph  4,  of  the  constitution,  and  shall  be  illegal 
and  void.     Code  igii,  sec.  26^8. 

NORTH  CAROLINA  All  contracts  and  agreements  between  railroad 
companies  as  to  rates  of  freight  and  passenger  tariffs  shall  be  sub- 
mitted to  commission  for  inspection  and  correction,  that  it 
may  be  seen  whether  or  not  they  are  a  violation  of  law  or  of  the 
rules  and  regulations  of  said  commission,  and  all  arrangements 
and  agreements  whatever  as  to  the  division  of  earnings  of  any 
kind  by  competing  railroad  companies  shall  be  submitted  to  com- 

766  mission  for  inspection  and  approval  in  so  far  as  they  affect  the 
rules  and  regulations  made  by  commission  to  secure  to  all  persons 
doing  business  with  such  companies  just  and  reasonable  rates  of 
freight  and  passenger  tariffs,  and  commission  may  make  such 
rules  and  regulations  as  to  such  contracts  and  agreements  as  may 
then  be  deemed  necessary  and  proper,  and  any  such  agreements 
not  approved  by  commission,  or  by  virtue  of  which  rates  shall  be 
charged  exceeding  the  rates  fixed  for  freight  and  passengers,  shall 
be  deemed,  held  and  taken  to  be  violations  of  this  chapter  and 
shall  be  illegal  and  void.    PelVs  Revisal  igo8,  sec.  11 08. 

SOUTH  CAROLINA  All  contracts  and  agreements  between  railroad 
companies  doing  business  in  the  state  as  to  rates  of  freight  and 
passenger  tariffs  shall  be  submitted  to  commission  for  inspection 

767  and  correction,  that  it  may  be  seen  whether  or  not  they  are  a 
violation  of  the  law  or  of  the  provisions  of  the  constitution  or  of 
this  chapter,  or  of  the  rules  and  regulations  of  said  commission; 
and  all  arrangements  and  agreements  whatever  as  to  the  division 

223 


of  earnings  of  any  kind  by  competing  railroad  companies  doing 
business  in  the  state,  shall  be  submitted  to  commission  for  inspec- 
tion and  approval,  in  so  far  as  they  affect  rules  and  regulations 
made  by  said  commission  to  secure  to  all  persons  doing  business 
with  said  companies  just  and  reasonable  rates  of  freight  and  pas- 
senger tariff,  and  so  far  as  they  are  affected  by  any  of  the  provi- 
sions contained  in  this  chapter,  for  securing  to  all  persons  just, 
equal  and  reasonable  facilities  for  the  transportation  of  freight 
and  passengers;  and  commission  may  make  such  rules  and  regu- 
lations as  to  such  contracts  and  agreements  as  may  be  then 
deemed  necessary  and  proper,  and  any  such  agreements  not 
approved  by  commission,  or  by  virtue  of  which  rates  shall  be 
charged  exceeding  the  rates  fixed  for  freight  and  passengers,  shall 
be  deemed,  held  and  taken  to  be  violations  of  this  chapter,  and 
shall  be  illegal  and  void.     Gen.  Stats.  igo2,  sec.  2oy6. 

If  the  said  contracts,  agreements  or  arrangements  shall,  in 
the  opinion  of  commission,  in  any  way  be  in  violation  of  any 
of  the  provisions  of  this  chapter,  commission  shall  forthwith 
notify  the  said  railroad  companies,  in  writing,  of  its  objections 
thereto,  specifying  such  objections;  and  if  the  said  railroad  com- 

768  panics  shall  fail  or  neglect,  within  five  days  after  such  notice,  to 
amend  and  alter  such  contract,  agreement  or  arrangement,  in  a 
manner  satisfactory  to  commission,  commission  shall  thereupon 
call  upon  the  attorney  general  to  institute  and  conduct  such  legal 
proceedings  as  may  be  necessary  to  enforce  the  penalties  prescribed 
in  this  chapter  for  such  violations  of  its  provisions.     Same. 

TEXAS  Any  two  connecting  railroads  may  enter  into 

a  contract  whereby  any  part  or  all  of  the  passenger,  freight  or 
cars,  empty  or  loaded,  hauled  or  transported  by  one  and  destined 
to  points  on  or  beyond  the  line  of  the  other  shall  be  delivered  to, 
received  and  transported  by  the  other;  which  contract,  however, 
shall  be  submitted  to  commission  for  examination  and  approval, 

769  and  when  so  approved  shall  be  binding;  but  if  the  said  contract 
be  not  approved  by  commission  the  same  shall  be  void;  pro- 
vided, that  any  connecting  line  delivering  freight  to  the  owner  or 
consignee  of  such  freight  may  be  sued  by  the  owner  thereof  in 
the  cotmty  where  the  freight  is  delivered  for  any  damage  that  may 
be  done  to  such  freight  in  its  transportation.  Sayles^  Civ.  Stats. 
1897,  art.  4579  (i). 

VIRGINIA  All  contracts  and  agreements  hereafter  made 

and  entered  into  between  transportation  companies  doing  busi- 

224 


ness  in  the  state,  as  to  rates  or  freight  and  passenger  tariffs  shall 
be  submitted  to  commission  for  inspection,  that  it  may  be  seen 
whether  or  not  they  are  in  violation  of  law  or  of  the  rules  and  reg- 
ulations of  commission;  and  all  arrangements  and  agreements 
whatever  as  to  the  division  of  earnings  of  any  kind  by  competing 
770  transportation  companies  doing  business  in  the  state  shall  be  sub- 
mitted to  commission  for  inspection,  in  so  far  as  they  affect  the 
rules  and  regulations  made  by  commission  to  secure  to  all  persons 
doing  business  with  said  companies  just  and  reasonable  rates  of 
freight  and  passenger  tariff.     Any  such  agreements,  disapproved, 

kby  virtue  of  which  rates  shall  be  charged  exceeding  the  rates  fixed 
for  freight  and  passengers  shall  be  deemed,  held  and  taken  to  be 
violations  of  the  provisions  of  this  chapter  and  shall  be  illegal  and 
void.     Pollard's  Code  1904,  sec.  I2g4c{i6). 


B.  AUTHORITY  OF  COMMISSION  TO  FIX, 
ESTABLISH  OR  PRESCRIBE  RATES 
AND  CHARGES. 

ALABAMA  Commission  shall  from  time  to  time  prescribe 

and  enforce  against  transportation  companies  in  the  manner  pro- 
vided by  law  such  rates,  charges,  classifications  of  freight,  storage, 
demurrage  and  car  service  charges,  rules  and  regulations  and  shall 
require  them  to  establish  and  maintain  all  such  public  service, 

771  facilities  and  conveniences  as  may  be  reasonable  and  just;  pro- 
vided, that  where  the  rates  or  charges  for  transportation  of  any 
articles  or  property  or  the  classification  of  freight  have  been  fixed 
or  prescribed  by  statute,  commission  shall  not  have  power  to  in- 
crease such  rates  or  charges.     Code  190'/,  sec.  5651. 

Commission  may  change  any  classification  of  railroads  which 
has  been  or  may  hereafter  be  established  by  statute,  from  time  to 
time  as  changed  conditions  may,  in  its  judgment,  render  it  expe- 
dient so  to  do,  by  taking  a  railroad  from  one  class  and  placing  it 
in  another,  and  may  assign  to  any  class  it  may  determine  proper 
any  new  railroad  that  may  hereafter  be  constructed  or  operated 

772  as  a  common  carrier,  in  whole  or  in  part,  in  this  state,  and  said 
commission  may  change  any  classification  of  articles  which  has 
been  or  may  hereafter  be  established  by  statute  when,  in  its  judg- 
ment, it  is  reasonable  and  just  to  do  so;  but  such  change  shall  not 
increase  any  rate  prescribed  or  fixed  by  statute  for  the  transpor- 
tation of  such  articles  or  classes  of  articles.     Samey  sec.  5657. 

773  Nothing  in  this  chapter  shall  be  so  construed  as  to  authorize 

225 


or  empower  commission  to  increase  any  rate  or  rates  which  have 
been  or  shall  be  established  by  statute  for  the  transportation  of 
freight  or  passengers,  and  said  commission  shall  not  have  power 
to  increase  such  rate  or  rates.     Same,  sec.  5658. 

ARIZONA  Commission  shall  prescribe  just  and  reasonable 

classifications  to  be  used  and  just  and  reasonable  rates  and 

774  charges  to  be  made  and  collected  by  public  service  corporations 
for  services  rendered.     Const.,  art.  xv.,  sec.  3. 

AREIANSAS  Every  person  or  corporation  operating  any 

railroad  or  express  business  in  the  state  is  hereby  required  to  fur- 
nish said  commission,  within  1 5  days  after  notice  to  do  so,  with 
the  rate  sheet  and  tariff  charges  for  transportation  of  every  kind 
over  such  railroad.  Commission  shall  examine  and  revise  said 
rate  sheet  and  tariff  charges  for  freight  or  express  matter  for  each 
railroad  in  the  state,  and  determine  whether  or  not  and  in  what 
manner,  if  any,  such  charges  and  rates  are  more  than  just  and 
reasonable  compensation  for  the  services  rendered,  and  whether 
or  not  and  in  what  manner,  if  any,  said  charges  and  rates  are  in 
violation  of  any  of  the  provisions  of  this  act,  and  said  commission 
will  make  reasonable  and  just  rates  of  freight,  express  and  passen- 
ger tariffs  to  be  observed  by  all  persons  and  corporations  operat- 
ing any  railroad  or  engaged  in  transporting  persons  or  property  as 
express  or  freight  in  this  state;  shall  make  rules  and  regulations 
as  to  charges  at  any  and  all  points  for  the  necessary  hauling  and 

775  delivering  of  express  and  freight;  regulate  rates  and  charges  for 
such  service  on  all  railroads  as,  in  its  judgment,  justice  to  the  pub- 
lic and  said  person  or  corporation  may  require;  and  so  make  the 
same  conform  to  the  requirements  of  this  act.  And  said  commis- 
sion in  making  such  rules  and  regulations,  shall  first  give  the  per- 
son or  corporation  to  be  affected  thereby  notice  to  appear  and 
show  cause,  if  any  it  can,  why  no  change  should  be  made  in 
the  rates  then  in  force.  And  when  any  tariff  of  charges  is 
corrected  and  approved,  said  commission  shall  append  a  cer- 
tificate of  its  approval  to  said  tariff  of  charges  and  give  notice 
thereof  to  any  officer  or  agent  of  the  railroad  or  express  company 
to  be  affected  thereby,  and  said  tariff  and  charges  shall  be  kept 
posted  up  for  at  least  five  days  before  the  same  shall  go  into  effect. 
And  said  commission  shall  accordingly  fix  rates  and  tariffs  of 
charges  for  those  express  companies  and  railroads  the  officers  of 
which  fail  to  furnish  rate  sheets  or  tariffs  of  charges  as  above 
reqtiired.     Kirby's  Digest  igo4,    sec.  6802. 

226 


I 


Commission  shall  hear  all  complaints  made  by  any  person, 
firm  or  corporation  against  any  such  tariff  of  charges  so  approved; 
hear  the  parties  to  the  controversy  in  person  or  by  attorney,  or 
both,  and  may  take  testimony,  orally  or  in  writing,  and  regulate 
argument  thereon,  and  conduct  the  investigation  of  such  com- 
plaints in  such  manner  as  to  commission  may  seem  best  adapted 
to  arrive  at  the  truth,  and  when  any  changes  are  made  in  any 

776  tariff  of  charges,  notice  thereof  shall  be  given  to  the  person  or  cor- 
poration to  be  affected  thereby;  provided,  in  no  instance  shall 
any  person  or  corporation  operating  a  railroad  or  express  company, 
the  schedule  of  charges  of  which  have  been  submitted  to,  revised 
and  approved  by  commission,  be  civilly  or  criminally  liable 
for  the  making  of  any  charge  which  has  been  authorized  by  the 
tariff  of  charges  so  approved,  or  the  rules  and  regulations  pre- 
scribed by  commission.     Same,  sec.  6810. 

Commission  shall  adopt,  change  or  make  reasonable  and 
just  rates,  charges  and  regulations  to  govern  and  regulate  sleeping 

777  car  tariffs  and  services,  correct  abuses,  and  prevent  imjust  dis- 
crimination and  extortion  in  the  rates  for  the  same.  Acts  igoy, 
no.  422,  sec.  4. 

FLORIDA  Commission  shall  make  reasonable  and  just 

rates  of  freight  and  passenger  tariffs  to  be  observed  by  all  rail- 
roads, railroad  companies  and  common  carriers  over  their  respec- 
tive lines  or  connecting  lines,  shall  make  reasonable  and  just 
regulations  for  the  observance  of  the  same  as  to  charges  at  any 
and  all  points  for  the  necessary  handling  and  delivery  of  all  kinds 

778  of  freight  and  transportation  of  passengers  and  for  the  prevention 
of  any  unjust  discrimination  in  connection  therewith,  and  shall 
make  reasonable  and  just  rates  of  charges  for  the  use  and  trans- 
portation of  all  kinds  of  railroad  cars,  conveying  all  kinds  of 
freight  to  and  from  any  and  all  points  in  the  state.  Gen.  Stats. 
igo6,  sec.  28 pj. 

Commission  may  create  rating  or  basing  points  at  places 
where  competing  lines  of  railroads  meet,  or  where  water  or  other 
competition  exists,  and  may  break  the  continuity  of  rates  to  and 

779  from  such  points,  so  as  to  maintain  competition  between  rival 
lines  and  points,  and  may,  in  fixing  the  rate  upon  any  commodity, 
take  into  consideration  the  competition  between  different  local- 
ities or  shipping  points  producing  or  shipping  such  commodity. 
Same,  sec.  28g^. 

Commission  shall  make  and  furnish  to  each  railroad  corpora- 
tion as  soon  as  practicable  a  printed  or  written  schedule  of  just 

227 


780  and  reasonable  rates  and  charges  for  transportation  of  freights* 
passengers  and  cars  on  its  railroad  or  railroads  under  its  control 
or  management.    Same,  sees.  28pg. 

Commission,  before  changing,  revising,  fixing,  adopting  or 
allowing  any  such  schedule,  or  prescribing  any  such  rules  and 
regulations,  shall  give  public  notice  of  its  intended  action  in  such 
newspaper  and  for  such  time  as  shall  be  deemed  fair  and  reason- 
able by  commission  to  all  railroad  corporations  to  be  affected  and 

781  to  the  public  generally,  of  the  times  and  places  of  its  meetings, 
and  all  railroad  corporations  and  persons  interested  shall  be  en- 
titled to  a  just  and  fair  hearing  before  commission,  and  whenever 
any  full  schedule  shall  have  been  made,  changed  or  revised,  adopt- 
ed or  allowed,  or  any  rule  or  regulation  prescribed  as  aforesaid, 
commission  shall  in  every  instance  give  the  date  on  which  the 
same  shall  go  into  effect.     Same,  sec.  2qoo. 

Commission  in  changing,  revising,  fixing,  allowing  or  adopt- 

782  ing  any  schedule  of  rates  for  freights  or  cars  shall  not  discriminate 
unreasonably  or  unjustly  in  favor  of  any  one  class  of  freight  to 
the  detriment  of  other  classes  of  freight.     Same,  sec.  2go2. 

GEORGIA  Commission  may  determine  what  are  just  and 

reasonable  rates  and  charges  and  it  shall  make  reasonable  and 
just  rates  of  freight  and  passenger  tariffs  to  be  observed  by  all  rail- 
road companies,  shall  make  reasonable  and  just  rules  and  regula- 
tions to  be  observed  by  all  railroad  companies  as  to  charges  at  any 
and  all  points  for  the  necessary  handling  and  delivering  of  freights, 
shall  make  such  just  and  reasonable  rules  and  regulations  as  may 
be  necessary  for  preventing  unjust  discriminations  in  the  trans- 
portations of  freight  and  passengers,  shall  make  reasonable  and 
just  rates  of  charges  for  use  of  railroad  cars  carrying  all  and  any 
kinds  of  freight  and  passengers  no  matter  by  whom  owned  or  car- 
ried, shall  make  just  and  reasonable  rules  and  regulations  to  be 
observed  by  railroad  companies  to  prevent  the  giving  or  paying 
of  any  rebate  or  bonus,  directly  or  indirectly,  and  from  mislead- 

788  ing  or  deceiving  the  public  in  any  manner  as  to  the  real  rates 
charged  for  freight  and  passengers;  provided,  that  nothing  in 
this  act  contained  shall  be  taken  as  in  any  manner  abridging  or 
controlling  the  rates  for  freight  charges  by  any  railroad  company 
for  carrying  freight  which  comes  from  or  goes  beyond  the  boimd- 
aries  of  the  state  and  on  which  freight  less  than  local  rates  on  any 
railroad  carrying  the  same  are  charged  by  such  railroad,  but  said 
railroad  companies  shall  possess  the  same  power  and  right  to 
charge  such  rates  for  carrying  such  freights  as  they  possessed 

2^8 


before  the  passage  of  this  act,  and  commission  shall  have  full 
power  by  rules  and  regulations  to  designate  and  fix  the  difference 
in  rates  of  freight  and  passenger  transportation  to  be  allowed  for 
longer  and  shorter  distances  on  the  same  or  different  railroads 
and  to  ascertain  what  shall  be  the  limits  of  longer  and  shorter  dis- 
tances.    Code  igii,  sec.  2630. 

Commission  shall  make  for  each  of  the  railroad  corporations, 

784  as  soon  as  practicable,  a  schedule  of  just  and  reasonable  rates  of 
charges  for  transportation  of  passengers  and  freights  and  cars  on 
each  of  said  railroads.     Same,  sec.  26 ji. 

When  the  schedule  shall  have  been  made  or  revised  commis- 
sion shall  cause  publication  thereof  to  be  made  for  four  consecu- 
tive weeks  in  some  public  newspaper  published  in  the  cities  of 
Atlanta,  Augusta,  Albany,  Savannah,  Macon,  Rome  and  Colum- 

786  bus ;  and  after  the  same  shall  be  so  published  it  shall  be  the  duty 
of  all  such  railroad  companies  to  post  at  all  their  respective  sta- 
tions in  a  conspicuous  place  a  copy  of  said  schedule  for  the  pro- 
tection of  the  public.     Same,  sec.  2632. 

Commission  shall  fix  and  prescribe  a  schedule  of  maximum 
rates  and  charges  for  storage  of  freight  made  and  charged  by  rail- 
road companies  and  fix  at  what  time  after  the  reception  of  freight 

786  at  the  place  of  destination  such  charges  for  storage  shall  begin, 
with  power  to  vary  the  same  according  to  the  value  and  character 
of  the  freight  stored,  the  nature  of  the  place  of  destination  and 
residence  of  consignee  and  such  other  facts  as  in  its  judgment 
should  be  considered  in  fixing  the  same.     Same,  sec.  264Q. 

All  the  provisions,  prescribing  the  procedure  of  commission 
in  fixing  freight  and  passenger  tariffs,  and  hearing  complaints 

787  of  carriers  and  shippers,  and  of  altering  and  amending  said 
tariffs,  shall  apply  to  the  subject  of  fixing  and  amending  rates 
and  charges  for  storage,  as  aforesaid.    Same,  sec.  2650. 

ILLINOIS  Commission  shall  make  for  each  of  the  railroad 

corporations,  as  soon  as  practicable,  a  schedule  of  reasonable 

788  maximum  rates  of  charge  for  the  transportation  of  passengers 
and  freights  and  cars  of  each  of  said  railroads.  Revisal  igog, 
ch.  114,  sec.  131. 

When  any  schedule  shall  have  been  made  or  revised,  com- 
mission shall  have  the  same  printed  by  the  state  printer  under  the 
contract  governing  the  state  printing  and  commission  shall  fur- 

789  nish  two  copies  of  such  printed  schedule  to  the  president,  general 
superintendent  or  receiver  of  each  railroad  company  or  corpora- 
tion.    Same. 

229 


Commission  may  fix  and  establish  rates,  rules  and  regulations 

790  regarding  demurrage,  storage  and  all  other  charges  incident  to  the 
transportation  of  property  between  points  wholly  within  the 
state.    Same,  sec.  ig4. 

Commission  shall  make  for  each  of  the  common  carriers 
doing  business  in  the  state,  as  soon  as  practicable,  upon  giving  due 
notice  to  all  parties  interested  therein,  and  after  a  hearing  in  rela- 

791  tion  thereto,  a  schedule  of  reasonable  maximum  rates  or  charges, 
classification,  rules  and  regulations  for  the  transportation  of  per- 
sons or  property  on  or  by  each  of  said  common  carriers  between 
points  wholly  within  the  state.     Same,  sec.  igS. 

When  any  schedule  shall  have  been  made  or  revised,  com- 
mission shall  have  the  same  printed  by  the  state  printer  imder  the 

792  contract  governing  state  printing  and  commission  shall  furnish 
two  copies  of  said  printed  schedule  to  the  president,  general  man- 
ager, general  superintendent  or  receiver  of  each  common  carrier. 
Same. 

Commission  may  prescribe,  promulgate  and  establish  rea- 
sonable and  just  rates  or  schedules  of  maximum  charges  for  each 
kind  of  property,  money,  parcel,  merchandise,  packages  and  other 
commodities  and  things  to  be  charged  for  and  received  by  express 
companies  or  carriers  by  express  or  either  of  them,  either  sepa- 
rately or  conjointly,  connected  with  the  receiving,  handling,  trans- 

793  porting,  storing  and  delivery  of  all  such  property,  money,  parcels, 
merchandise,  packages  and  other  commodities  and  things  which  by 
the  contract  of  carriage  are  to  be  transported  separately  or  con- 
jointly by  such  express  companies  or  carriers  by  express  between 
points  within  the  state,  and  may  also  prescribe  a  form  of  receipt 
for  each  shipment,  also  a  form  of  receipt  for  moneys  paid  for 
charges  for  the  transportation  of  any  article  or  thing,  to  be  given 
upon  receipt  or  upon  the  payment  of  such  charges.     Same,  sec.  jdp. 

Commission  may  make  and  prescribe  maximum  rates  and 

794  charges,  classifications,  rules  and  regulations  for  the  government 
and  control  of  express  companies  or  carriers  by  express.    Same. 

IOWA  Nothing  in  this  section  shall  be  construed 

to  prevent  railroad  companies  or  commission  from  establishing 
schedules  of  reasonable  charges  applicable  to  switching  servic 

796    only,  and  which  shall  be  independent  of  any  schedule  of  charge 
which  may  be  provided  for  the  regular  line  haul  freight  service  oi 
common  carriers.     Code  i8g7,  sec.  2145. 

Commission  shall  fix  and  establish  reasonable,  fair  and  just 
rates  of  charges  including  a  schedule  of  maximum  joint  rates  for 

230 


each  kind  or  class  or  property,  money,  parcels,  merchandise,  pack- 
ages and  other  things  to  be  charged  for  and  received  by  each 
express  company  or  carriers  by  express,  separately  or  conjointly, 

796  on  all  such  property,  money,  parcels,  merchandise,  packages  and 
other  things  which  by  the  contract  of  carriage  are  to  be  trans- 
ported separately  or  conjointly  by  such  express  companies  or 
carriers  by  express  doing  business  over  the  line  of  any  railroad  or 
other  carrier  between  points  wholly  within  the  state,  which  rates 
or  charges  shall  be  made  to  apply  to  all  such  express  companies 
or  express  carriers.     Same,  sec.  2i6j{b). 

Within  six  months  from  the  taking  effect  of  this  act,  com- 
mission shall  prepare  and  make  for  each  express  company  doing 
business  in  this  state  a  schedule  of  reasonable  maximimi  charges 

797  of  rates  for  transporting  property,  money,  parcels,  merchandise, 
packages  and  other  things  carried  by  such  express  company  or 
companies  between  points  wholly  within  the  state.  Same,  sec. 
2i6s{c). 

KANSAS  Commission  may  prescribe  reasonable  maxi- 

mum rates,  not  exceeding  the  rates  set  forth  in  section  three 
hereof,^  which  shall  be  charged  for  the  transportation  of  oil,^ 
which  rate  shall  be  binding  on  every  such  person,  firm,  associa- 
tion or  corporation  after  its  publication  in  the  official  state 
paper;  pro\dded,  the  reasonableness  of  such  rates  may  be  tested 
by  proceedings  therefor  in  any  coiurt  of  competent  jurisdiction 
in  the  state,  and  such  covirt  shall  upon  hearing  the  same,  make 
such  order  as  shall  be  proper,  and  such  order  may  be  reviewed 
by  the  supreme  court  as  other  civil  proceedings  regardless  of 
sum  or  value  involved;    provided,  before  beginning  such  pro- 

798  ceedings  in  court  to  test  such  matters,  such  person,  firm,  asso- 
ciation or  corporation  shall  execute  a  bond  to  the  state  of  Kan- 
sas, in  such  reasonable  sum  as  the  judge  of  the  court  in  which 
such  matter  is  brought  shall  order,  conditioned  that  the  person, 
firm,  association  or  corporation  making  such  application  will 
promptly  pay  to  any  shipper  the  difference  between  the  rate 
received  for  transporting  oil  and  the  rate  finally  ordered  by  such 
court.  When  such  maximtim  rates  shall  be  fixed  by  commis- 
sion, the  rates  prescribed  in  section  three  of  this  act  shall  cease 
to  be  in  force,  and  the  rates  so  fixed  by  commission  shall  govern, 
as  in  this  section  provided.    Gen.  Stats,  igog,  sec.  3g64. 

»Laws  IQOS,  ch.  315,  sec.  3  (Gen.  Stats.  1909,860.3963),  establishing  maximum  rates 
to  be  charged  for  the  transportation  of  oil. 

2  All  pipe  lines  laid,  built  or  maintained  for  the  conveyance  of  crude  oil  within  the 
state  are  declared  to  be  common  carriers,  and  said  conveyance  of  said  oil  shall  be  in  the 
manner  and  under  the  restrictions  in  this  act  providai.  Gen.  Stats.  1909,  sec.  306x. 

231 


LOUISIANA  Commission  shall  adopt,  change  or  make  rea- 

sonable and  just  rates,  charges  and  regulations  to  govern  and  regu- 
late railroad,  steamboat  and  other  water  craft,  and  sleeping  car, 
freight  and  passenger  tariffs  and  service,  express  rates  and  tele- 
phone and  telegraph  charges,  correct  abuses  and  prevent  unjust 
discrimination  and  extortion  in  the  rates  for  the  same,  on  the 
different  railroads,  steamboat  and  other  water  craft,  sleeping  car, 

799  express,  telephone  and  telegraph  lines  of  the  state  and  prevent 
such  companies  from  charging  any  greater  compensation  in  the 
^-ggregate  for  the  like  kind  of  property  or  passengers  or  messages 
for  a  shorter  than  a  longer  distance  over  the  same  line  imless  au- 
thorized by  commission  to  do  so  in  special  cases,  and  fix  and  adjust 
rates  between  branch  or  short  lines  and  the  great  trunk  lines  with 
which  they  connect,  and  enforce  the  same  by  having  the  penal- 
ties prescribed,  inflicted  through  the  proper  courts  having  juris- 
diction.    Const.,  art.  284. 

Whenever  any  rate,  charge,  rule,  regulation,  order  or  decision, 
of  commission,  is  contested  in  court,  as  provided  by  this  consti- 
tution, or  by  any  amendment  thereto,  and  the  same  is  maintained 
on  final  trial,  by  a  court  of  competent  jurisdiction,  the  railroad, 
express,  telephone,  telegraph,  steamboat  or  other  water  craft  or 
sleeping  car  company  or  corporation,  contesting  the  same,  shall 
forfeit  and  pay  to  the  state,  the  stim  of  not  less  than  $10  nor 
more  than  $50  per  day  for  each  day  that  the  putting  into  effect 
and  operation  of  the  rate,  order,  charge,  rule,  regulation  or  deci- 

800  sion  of  commission  which  may  have  been  suspended  by  such  suit, 
to  be  found  and  adjudged  by  the  court  in  which  such  suit  may 
be  brought  and,  in  all  cases,  the  said  court  shall,  in  its  judgment, 
maintaining  the  said  rate,  charge,  rule,  regulation,  order  or  deci- 
sion, enter  up  a  decree  and  judgment  against  the  plaintiff  therein, 
condemning  such  plaintiff  to  pay  to  the  state  the  amount  of  the 
said  penalty  or  forfeiture  so  found  and  adjudged  by  it,  which 
amount,  after  deducting  therefrom,  the  attorney's  fees  provided 
by  article  288  of  this  constitution,  shall,  when  collected,  be  paid 
into  the  state  treasury,  for  account  of  the  general  school  fund  of 
the  state.     Same,  art.  286. 

Commission  shall  adopt,  change  or  make  reasonable  and  just 
charges  or  regulations  to  govern  and  regulate  all  pipe  lines  ^  in  the 

801  state  through  which  gases  or  other  liquids  are  conveyed  from  one 

*  All  pipe  lines,  through  which  gases,  oil,  or  other  liquids  are  conveyed  from  one  point 
in  the  state  to  another  point  in  the  state,  for  a  consideration,  are  hereby  declared  to  be 
common  carriers,  and  are  placed  under  the  control  of  and  subject  to  regulation  by  com- 
mission.   Stats.  1906,  no.  36,  sec.  x. 

232 


point  in  the  state  to  another  for  a  consideration.     Stats.  igo6,  no 
36,  sec.  2. 

MICHIGAN  Commission  may  make,  alter,  amend  or  abol- 

ish any  rate  or  charge  for  telephone  service,  and  may  regulate  by 

802  rules  or  orders  any  service  or  facilities.  Pub.  Acts  igii,  no.  ij8, 
sec.  3. 

Before  any  rate  shall  be  fixed  or  established  by  commission, 
it  shall  give  the  telephone  company  to  be  affected  thereby  at 
least  30  days'  notice  of  the  time  and  place  when  and  where  a  hear- 

803  ing  will  be  given  said  telephone  company  concerning  the  fixing  or 
establishing  of  said  rate,  and  commission  may  compel  the  attend- 
ance of  witnesses  as  in  cases  arising  imder  act  number  300  of  the 
public  acts  of  1909.     Same,  sec.  g. 

Commission    shall  furnish  all  telephone  companies  within 

804  the  state  a  copy  of  all  rates,  charges  or  tolls  fixed  or  established  by 
commission.     Same,  sec.  20. 

If  any  telephone  company  ^vithin  the  state  shall  violate  any 
of  the  provisions  of  the  act,  or  shall,  30  days  after  the  establish- 
ing or  fixing  thereof,  have  failed,  neglected  or  refused  to  observe 
any  rate,  charge,  toll  or  order  fixed  or  established  by  commission, 
unless  the  enforcement  of  same  shall  have  been  enjoined  by  a 
court  of  competent  jurisdiction  or  shall  do  or  commit  any  other 

805  thing  or  act  in  this  act  declared  to  be  unlawful,  or  shall  omit  to  do 
or  perform  any  act  or  thing,  the  omission  to  do  which  is  in  this 
act  declared  to  be  unlawful,  such  telephone  company  shall  forfeit 
and  pay  to  the  state  for  the  first  offense  not  less  than  $50  nor  more 
than  $1,090  and  for  each  subsequent  offense  shall  pay  not  less 
than  $100  nor  more  than  $2,000.  Any  penalty  herein  provided 
for  shall  be  collected  under  the  direction  of  the  attorney  general 
in  an  action  of  assumpsit.     Same,  sec.  21. 

MISSISSIPPI  Railroads  must  be  given  ten  days'  notice  of  the 

time  and  place  at  which  any  revision  of  its  tariff  of  charges,  or 

806  complaint  concerning  the  same,  will  be  considered.  Code  igo6, 
sec.  4833. 

Every  railroad  or  other  common  carrier  shall  furnish  to  com- 
mission its  tariff  of  charges  for  transporting  passengers  and  freight 
from  point  to  point  within  and  from  points  without  to  points 
within  and  from  points  within  to  points  without  the  state  and 
including  all  joint  tariffs  with  connecting  lines;  and  commission 
shall  revise  such  of  said  tariffs  as  are  not  subject  to  the  exclusive 
regulation  of  congress,  and  determine  whether  or  not,  and  in  what 

233 


particular,  any  of  the  charges  are  more  than  reasonable  compen- 
sation for  the  services  to  be  rendered  and  whether  or  not  discrimi- 
nation be  made  improperly  against  any  person,  corporation  or 
locality;  and  it  shall  require  the  proper  corrections  to  be  made;  and 

B07  when  the  tariffs  have  been  corrected  commission  shall  append  to 
each  its  certificate  of  approval;  and  commission  shall  fix  and  regu- 
late tariffs  of  charges  for  all  railroads  or  other  common  carriers 
which  fail  to  furnish  their  tariffs  as  required.  It  shall  exercise  a 
watchful  and  careful  supervision  over  the  tariffs  of  charges  of  every 
railroad  and  other  common  carrier,  and  shall  revise  the  same  from 
time  to  time  as  justice  to  the  public  and  the  railroad  and  other 
common  carriers  may  require;  and  shall  increase  or  reduce  any  of 
the  rates  as  experience  and  business  operations  show  to  be  just. 
Commission  shall  regulate  and  fix  the  rates  to  be  charged  on  short 
hauls  in  excess  of  what  may  be  charged  on  long  haiils;  and  it  shall 
determine  in  all  cases  whether  the  circimistances  and  conditions  • 
be  or  be  not  substantially  similar.     Same,  sec.  4842. 

Commission  may  fix  the  charges  of  and  shall  supervise  and 
regulate  all  persons,  natural  or  artificial,  who  may  own  or  operate 
express,  telegraph,  telephone  and  sleeping  car  companies,  car 
■  service  associations  or  other  associations  governing  or  controlling 
cars  or  rolling  stock  of  railroads  in  the  state  in  the  same  manner 
as  railroads;  and  it  is  the  duty  of  each  person,  natural  or  artificial, 
owning  or  operating  such  express,  telegraph,  telephone  and  sleep- 
ing car  company  to  have  and  maintain  fixed  rates  for  doing  busi- 

808  ness  which  shall  without  discrimination  between  persons,  corpo- 
rations or  localities  be  applicable  under  similar  circumstances  to 
all  persons  alike,  to  submit  their  tariff  of  charges  of  such  compan- 
ies to  commission  for  approval,  and  to  comply  with  the  orders  and 
regulations  of  commission  made  in  supervising  their  companies 
in  like  manner  and  imder  like  penalties  against  their  companies, 
their  officers  and  employes  as  is  provided  in  the  case  of  railroads; 
and  the  persons,  whether  natural  or  artificial,  owning  or  operating 
such  companies  shall  be  liable  civilly  and  criminally  for  extortion 
in  the  same  manner  as  railroads.     Same,  sec.  484J. 

MISSOURI  If  any  common  carrier  shall  neglect  or  refuse 

for  a  period  of  30  days  to  file  or  publish  its  schedule  of  rates,  fares 
and  charges,  as  provided  for  in  sections  3179  to  3207,  inclusive, 
commission  shall  make  out  and  print  a  schedule  or  schedules  of 
reasonable  rates  for  such  common  carrier,  and  deliver  copy  or 
copies  of  the  same  to  such  common  carrier.  Such  delivery  shall  be 
by  messenger,  by  registered  letter  or  by  any  sheriff  in  the  state. 

234 


It  shall  be  the  duty  of  every  sheriff  to  serve  and  deliver  the  same 
whenever  directed  thereto  by  an  order  of  commission,  and  shall 
return  the  same  in  like  manner  and  with  like  effect  to  commission 
as  in  case  of  simmions  in  civil  suits.  Such  common  carriers  for 
whom  such  schedules  shall  be  made  by  commission  shall  keep  the 

809  same  posted  in  their  depots  and  stations,  as  required  in  said  sec- 
tions for  schedules  made  out  by  them  in  compliance  with  law; 
and  the  provisions  of  said  sections  concerning  the  schedules  re- 
quired to  be  made  by  commission  and  the  changing  thereof,  shall 
apply  to  the  schedules  made  by  commission  as  provided  in  this 
section.  The  costs  of  preparing,  printing  and  delivering  said 
schedules  shall  be  paid  by  such  common  carrier,  and  shall  be 
specified  in  an  order  of  commission  entered  of  record,  and  a  copy 
of  said  order,  certified  by  the  secretary  of  commission  shall  in  any 
suit  be  prima  facie  evidence  of  the  amount  which  ought  to  be  paid, 
and  may  be  recovered  in  an  action  in  the  name  of  the  state,  at  the 
relation  of  commission,  before  any  court  or  justice  of  the  peace  in 
the  state  having  jurisdiction  of  the  amoimt  thereof.  Rev.  Stats, 
igog,  sec.  jiSg. 

Commission  shall  fix,  maintain  and  establish  just  and  rea- 
sonable freight  rates  on  all  classes  of  freight  from,  to  and  between 
all  points  and  stations  upon  and  along  all  lines  of  railroad  in  the 

810  state;  and  it  shall  fix,  maintain  and  establish  just  and  reasonable 
reconsigning  charges,  switching  rates  and  all  other  rates  or  charges 
which  may  be  added  to  the  total  charges  for  the  transportation 
of  any  freight  within  the  state.    Samey  sec.  3251. 

Commission  may  examine  all  officers,  agents  and  employes 
of  said  railroad  companies,  and  all  other  persons,  imder  oath  or 
otherwise,  procure  the  necessary  information  to  make  just  and 
reasonable  freight  rates  or  charges,  and  ascertain  if  the  freight 

811  rates  so  fixed  by  commission  are  being  observed  or  violated. 
Commission  may  administer  oaths,  issue  subpoenas  for  persons 
and  papers,  examine  witnesses  and  enforce  the  same  in  like  man- 
ner as  the  circuit  courts  of  the  state.  And  in  the  issuance  and  en- 
forcement of  the  papers  and  processes  above,  the  jiuisdiction  shall 
be  co-extensive  with  the  state.     Same,  sec.  3252. 

Commission  may  classify  all  articles  of  freight  transported 
on  any  railroads  or  parts  of  railroads  owned,  leased  or  occupied  in 
the  state  except  the  articles  in  special  classes  D,  E,  G,  and  H, 

812  placing  said  articles  in  either  of  the  general  classes  provided  for, 
or  in  any  of  said  special  classes,  except  D,  E,  G  and  H;  and  it 
may  reduce  said  rates  on  any  of  said  railroads  or  parts  of  railroads, 

235 


either  in  general  or  special  classes,  whenever  in  its  judgment  it 
can  be  equitably  done.     Same,  sec.  3258. 

813  Also  a  provision  identical  with  par.  796.    Samey  sec.  3288. 
The  railroad  and  warehouse  commission,  or  any  other  public 

service  commission,  if  any,  which  may  be  hereafter  established  in 
its  place  by  law  may  prescribe  and  fix  maximum  rates  of  fare  for 

814  passenger  travel  within  the  state  over  the  railroads  therein.  The 
rates  so  prescribed  and  fixed  shall  not  exceed  the  maximum  for 
such  rates  which  is  now  or  may  hereafter  be  established  by  any 
law  of  the  state.     Laws  1911,  S.  B.  283,  sec.  i. 

Commission  shall  fix  and  regulate  the  rate  of  freight  to  be 
charged  and  classify  the  same,  and  may  enforce  the  same  as  is 

815  now  provided  by  law  for  common  carriers  and  with  like  penalties 
for  violation  of  any  of  said  rates  when  fixed  by  commission. 
Same,  sec.  2. 

The  board  of  railroad  and  warehouse  commissioners,  or  any 
other  public  service  commission,  if  any,  which  may  be  hereafter 
established  in  its  place  by  law,  may  from  time  to  time  as  changing 

816  facts  and  conditions  may  warrant  ascertain  and  determine  anew 
the  class  in  which  any  railroad  of  the  state  may  belong  in  accordance 
with  the  classification  under  the  provisions  of  section  2  of  this  act 
and  establish  new  maximum  rates  for  each  class.     Same,  sec.  3. 

MONTANA  Commission  shall  adopt  as  soon  as  practicable 

all  necessary  rates,  charges  and  regulation  to  govern  and  regulate 
freight  and  passenger  tariffs,  correct  abuses,  and  prevent  unjust 

817  discrimination  and  extortion  in  the  rates  of  freight  and  passenger 
tariffs  on  the  different  railroads  in  the  state  and  make  the  same 
effective  by  enforcing  the  penalties  prescribed  by  law.  Rev. 
Codes  iQoy,  sec.  437 S- 

Commission  shall  fairly  and  justly  classify  and  subdivide 
all  freight  and  merchandise  of  whatsoever  character  that  may  be 

818  transported  over  the  railroads  of  the  state  into  such  general  and 
special  classes  or  subdivisions  as  may  be  deemed  necessary  or 
expedient.     Same. 

Commission  may  fix  different  rates  for  different  railroads  and 
for  different  lines  under  the  same  management  or  for  different 

819  parts  of  the  same  lines,  if  found  necessary  to  do  justice,  and  may 
make  rates  for  express  companies  different  from  the  rates  fixed 
for  railroads.     Same. 

The  rates,  tolls  or  charges  on  any  property  which  shall  for 

820  any  reason  remain  unclassified  by  commission  shall  not  in  any 

236,    1; 


event  exceed  the  highest  rates  fixed  for  any  classification  by  com- 
mission.    Same. 

Commission  shall  make  and  establish  reasonable  rates  for 

821  the  transportation  of  passengers  over  each  and  all  of  the  railroads 
and  shall  prescribe  rates,  tolls  and  charges  for  all  other  services 
performed  by  any  railroad.     Same,  sec.  4379. 

When  any  schedule  shall  have  been  made  or  revised  commis- 
sion shall  cause  notice  thereof  to  be  published  for  two  successive 
weeks  in  some  newspaper  published  in  the  city  of  Helena  (which 
notice  shall  state  the  date  of  taking  effect  of  said  schedule,  and 
said  schedule  shall  take  effect  at  the  time  so  stated  in  such  notice) , 
and  a  printed  notice  of  such  schedule  shall  be  conspicuously 
posted  by  such  common  carrier  in  each  freight  office,  and  passen- 
ger depot  upon  its  lines;  provided,  that  before  finally  fixing  and 
deciding  what  the  original  rates  and  classifications  shall  be,  com- 
mission shall  publish  ten  days'  notice  in  two  daily  papers,  one  of 

822  which  is  published  in  the  city  of  Helena,  setting  forth  in  such  no- 
tice that  at  a  certain  time  and  place  it  will  proceed  to  fix  and  de- 
termine such  maximum  rates  and  classifications;  and  it  shall  at 
such  time  and  place,  and  as  soon  as  practicable,  afford  to  any 
person,  firm,  corporation  or  common  carrier  who  may  desire  it, 
an  opportunity  to  make  an  explanation  or  showing  or  to  furnish 
information  to  commission  on  the  subject  of  determining  and 
fixing  such  maximum  rates  and  classifications.  All  classifications 
and  rates  fixed  and  established  by  commission  shall  become 
effective  20  days  after  the  railroad  affected  thereby  shall  have 
received  certified  copies  thereof  from  commission.     Same. 

NEBRASKA.  Commission  shall  make  all  necessary  classifi- 

cations and  fix  all  necessary  rates,  charges  and  regulations  to 
govern  and  regulate  the  freight  and  passenger  tariffs  of  railway 
companies  and  common  carriers,  shall  correct  abuses  and  prevent 

823  imjust  discriminations,  extortions  and  overcharges  in  rates  of 
freight  and  passenger  tariffs  on  the  different  railroads  in  the  state, 
and  shall  enforce  the  same  by  having  the  penalties  inflicted  as 
provided  by  law  through  proper  courts  having  jurisdiction. 
Cobbey^s  Annot.  Stats,  igog,  sec.  io6jo{d). 

Commission  shall  fairly  and  justly  classify  and  subdivide 
all  freight  and  property  of  whatsoever  character  and  descrijDtion 
that  may  be  transported  over  the  railways  of  the  state  into  such 
general  and  special  classes  as  may  be  found  necessary  and  ex- 

824  pedient  and  fix  to  each  class  and  subdivision  of  freight  a  reason- 
able rate  for  each  railway  company  or  common  carrier  for  the 

237 


transportation  of  each  of  said  classes  and  subdivisions;   the 
classifications  herein  provided  for  shall  apply  to  and  be  the  same 
for   all   railway  companies   or   common   carriers.    Same,   sec. 
io6jo{e). 
815  Also  a  provision  identical  with  par.  819.    Same,  sec.  io6^o(J). 

Commission  shall  make  and  establish  reasonable  rates  of 
charges  for  each  railway  or  common  carrier  for  the  use  or  trans- 
portation of  loaded  or  empty  cars  on  its  road;  and  may  establish 

826  for  each  railroad  or  for  all  railroads  alike  reasonable  rates  for  the 
storing  and  handling  of  freight  and  for  the  use  of  cars  not  unloaded 
after  48  hours'  notice  to  the  consignee,  not  to  include  Sundays 
and  legal  holidays.    Same,  sec.  10650Q1). 

Until  commission  shall  make  the  classifications  and  sched- 
ules of  rates  as  provided  for  by  law  and  afterwards,  if  it  deems 
advisable,  it  may  make  partial  or  special  classifications  for  all  or 

827  any  of  the  railroads  and  fix  the  rates  to  be  charged  by  the  roads 
therefor;  and  such  classifications  and  rates  shall  be  put  into  effect 
in  the  manner  provided  for  general  classifications  and  schedules 
of  rates.     Same,  sec.  106 jj. 

Commission  shall  fix,  as  soon  as  practicable,  a  schedule  of 
classification  of  rates  and  charges,  except  joint  rates  elsewhere 
provided  for,  for  the  transportation  of  freights,  passengers  and 
cars  over  the  various  lines  of  railroad  in  the  state,  and  to  that  end 
commission  shall  give  the  railroad  company  or  common  carrier 
to  be  affected  thereby  ten  days'  notice  of  the  time  and  place 
when  and  where  the  rates  will  be  fixed  and  any  such  railroad  com- 

828  pany  or  common  carriers  shall  be  entitled  to  be  heard  at  such  time 
and  place  to  the  end  that  justice  may  be  done ;  and  shall  have  proc- 
ess to  enforce  the  attendance  of  witnesses,  to  be  served  as  in  civil 
cases.  Said  schedule  of  rates  and  charges  so  fixed  and  prescribed 
shall  go  into  effect  not  less  than  30  days  nor  more  than  60  days, 
within  the  discretion  of  commission,  after  the  same  have  been 
completed  and  copies  thereof  mailed  to  the  railway  companies 
and  common  carriers  affected  thereby.    Same. 

NEVADA  Commission  may  prescribe  just  and  reasonable 

railroad  classifications  of  freight;  and  may  fix  just  and  reasonable 
charges  for  the  transportation  of  all  intrastate  freight  and  intra- 
state passengers,  for  sleeping  car  accommodations,  for  goods,  mer- 

829  chandise  and  all  matter  of  every  kind  carried  by  express  com- 
panies within  the  state,  for  the  transmission  of  messages  by  tele- 
graph companies  and  for  the  use  of  telephone  lines  within  the 

238 


state.     Stats,  igoy,  ch.  44,  sec.  7,  as  amended  hy  Stats,  igog,  ch. 
121,  sec.  5. 

Commission  may  prescribe  classifications  o'"  the  service  of 

830  all  pubic  utilities,  and  in  such  classifications  may  take  into 
account  the  quantity  used,  the  time  when  used,  and  any  other 
reasonable  consideration.     Stats,  igii,  ch.  162,  sec.  13. 

NEW  MEXICO  Commission  shall  fix,   determine,   supervise, 

regulate  and  control  all  charges  and  rates  of  railway,  express, 

831  telegraph,  telephone,  sleeping  car  and  other  transportation  and 
transmission  companies  and  common  carriers  within  the  state. 
Const. y  art.  xi.,  sec.  y. 

Commission   shall   determine  no   question  nor   issue  any 
order  in  relation  to  the  matters  specified  in  the  preceding  section, 

832  until  after  a  public  hearing  held  upon  ten  days'  notice  to  the 
parties  concerned,  except  in  case  of  default  after  such  notice. 
Same,  sec.  8. 

NEW  YORK  Commission  may  establish  such  rules  and  regu- 

lations to  carry  into  effect  the  provisions  of  this  subdivision  as  it 

833  may  deem  necessary,  and  may  modify  or  amend  such  rules  or 
regtdations  from  time  to  time.     Laws  1910,  ch.  480,  sec.  66(12). 

NORTH  CAROLINA  Commission  shall  make  reasonable  and  just 
rules  as  to  charges  by  any  company  or  corporation  engaged  in  the 

834  carriage  of  freight  or  express  for  the  necessary  handling  and 
delivery  of  the  same  at  all  stations.  PeWs  Revisal  1908,  sec. 
1094(2). 

Commission  shall  make  just  and  reasonable  rates  of  charges 
for  the  transmission  and  delivery  of  messages  by  any  telegraph 

835  company  and  shall  make  just  and  reasonable  rates  of  charges  for 
the  rental  of  telephones  and  ftunishing  of  telephonic  communi- 
cation by  any  telephone  company  or  corporation.  Same,  sec. 
iog6. 

Commission  shall  make  reasonable  and  just  rates  (i)  of 
freight,  passenger  and  express  tariffs  for  railroads,  street  railways, 
steamboats,  canal  and  express  companies  or  corporations  and  all 
other  transportation  companies  or  corporations  engaged  in  the 
carriage  of  freight,  express  or  passengers;  (2)  for  the  through 
transportation  of  freight,  express  or  passengers;  (3)  of  charges  for 
the  transportation  of  packages  by  any  express  company  or  cor- 
poration;  (4)  of  charges  for  the  use  of  railroad  cars  carrying 

836  freight  or  passengers;  (5)  niles  and  regulations  as  to  contracts 

239 


entered  into  by  any  railroad  company  or  corporation  to  carry 
over  its  line  or  any  part  thereof  a  car  or  cars  of  any  other  company 
or  corporation;  (6)  rules  and  regulations  as  to  contracts  entered 
into  by  any  railroad  rates  on  grain,  or  lumber  to  be  dressed  and 
shipped  over  the  line  of  the  railroad  company  on  which  such 
freight  originated;  (7)  conjointly  with  such  railroad  companies, 
shall  have  authority  to  make  special  rates  for  the  purpose  of 
developing  all  maniifacturing,  mining,  milling  and  internal  im- 
provements in  the  state.     Same,  sec.  logg. 

Nothing  in  this  chapter  shall  prohibit  railroad  or  steamboat 
companies  from  making  special  passenger  rates  with  excursion 

837  or  other  parties,  also  rates  on  such  freights  as  are  necessary  for 
the  comfort  of  such  parties,  subject  to  the  approval  of  commis- 
sion.    Same. 

NORTH  DAKOTA  Commission  may  prescribajust  and  reasonable 
classifications  of  freight  and  fix  and  prescribe  just  and  reasonable 
schedules  of  charges  for  the  transportation  of  intrastate  freight 
and  intrastate  passengers,  for  sleeping  car  accommodations,  for 

838  goods  and  all  matter  of  every  kind  carried  by  express  companies 
within  the  state,  for  the  transmission  of  messages  by  telegraph 
and  telephone  companies  and  for  the  use.  of  telephone  lines  within 
the  state.  Rev.  Codes  igoj,  sec.  4343,  as  amended  hy  Laws  1911, 
ch.  2 $5,  sec.  2. 

When  any  schedule  shall  have  been  made  or  revised,  commis- 
sion shall  forthwith  serve  a  copy  of  said  schedtile  upon  such  rail- 
road, railroad  corporation  or  common  carrier  affected  thereby  and 
a  notice  stating  when  such  schedule  shall  go  into  effect  and  cause 

839  notice  thereof  to  be  published  for  two  consecutive  weeks  in  one 
public  newspaper  published  in  each  judicial  district  in  the  state, 
which  notice  shall  state  the  fact  that  a  new  schedule  has  been 
made  and  the  date  of  the  taking  effect  of  such  schedtde,  and  said 
schedule  shall  take  effect  at  the  time  so  stated  in  such  notice. 
Same. 

Before  finally  fixing  and  deciding  what  the  original  maximum 
rates  and  classifications  shall  be  commission  shall  cause  notice 
of  such  meeting  to  be  given  each  common  carrier  affected  thereby 
by  mailing  a  notice  thereof  addressed  to  the  managing  officer 
thereof  at  the  address  given  in  the  last  report  of  such  common 

840  carrier  to  the  secretary  of  state,  or  to  such  address  as  may  have 
been  given  to  and  filed  with  commission,  at  least  30  days  before 
the  date  of  such  hearing,  and  publish  ten  days'  notice  in  two  daily 
papers  published  in  the  state,  setting  forth  in  such  notice  that  at 

240 


a  certain  time  and  place  it  will  proceed  to  fix  and  determine  such 
maximum  rates  and  classifications.     Same. 

And  it  sliall  at  such  time  and  place  and  as  soon  as  practicable 
afford  to  any  person,  firm,  corporation,  railroad,  railroad  corpora- 

841  tion  or  common  carrier  who  may  desire  it  an  opportunity  to  make 
an  explanation  or  showing  or  to  furnish  information  to  commis- 
sion on  the  subject  of  determining  and  fixing  such  maximum 
rates,  fares  and  classifications.     Same. 

The  schedule  of  rates,  fares  and  classifications  of  freights  or 

842  property  on  all  lines  of  railroad,  railroad  corporations  and  com- 
mon carriers  shall  be  fixed  within  60  days  from  the  taking  effect 
of  this  article.     Same. 

OKLAHOMA  Commission  shall  from  time  to  time  prescribe 

and  enforce  against  transportation  and  transmission  companies, 
in  the  manner  hereinafter  authorized,  such  rates,  charges,  classifi- 

843  cations  of  traffic  and  rules  and  regulations  and  shall  require  them 
to  establish  and  maintain  all  such  public  service  facilities  and 
conveniences  as  may  be  reasonable  and  just.  Const.,  art.  ix., 
sec.  18. 

Before  commission  shall  prescribe  or  fix  any  rate,  charge  or 
classification  of  traffic,  and  before  it  shall  make  any  order,  rule, 
regulation  or  requirement  directed  against  any  one  or  more  com- 
panies by  name,  the  company  or  companies  to  be  affected  by  such 
rate,  charge,  classification,  order,  rule,  regulation,  or  requirement, 

844  shall  first  be  given  by  commission,  at  least  ten  days'  notice  of  the 
time  and  place  when  and  where  the  contemplated  action  in  the 
premises  will  be  considered  and  disposed  of,  and  shall  be  afforded 
a  reasonable  opportunity  to  introduce  evidence  and  to  be  heard 
thereon,  to  the  end  that  justice  may  be  done,  and  shall  have 
process  to  enforce  the  attendance  of  witnesses.     Same. 

Before  commission  shall  make  or  prescribe  any  general  order, 
rule,  regulation  or  requirement  not  directed  against  any  specific 
company  or  companies  by  name,  the  contemplated  general  order, 
rule,  regulation,  or  requirement  shall  first  be  published  in  sub- 
stance not  less  than  once  a  week,  for  four  consecutive  weeks,  in 
one  or  more  of  the  newspapers  of  general  circulation  published 
in  the  county  in  which  the  capitol  of  this  state  may  be  located, 
846  together  with  the  notice  of  the  time  and  place,  when  and  where 
commission  will  hear  any  objections  which  may  be  urged  by  any 
person  interested,  against  the  proposed  order,  rule,  regulation,  or 
requirement;  and  every  such  general  order,  rule,  regulation  or 
requirement,  made  by  commission,  shall  be  published  at  length, 

241 


for  the  time  and  in  the  manner  above  specified,  before  it  shall 
go  into  effect,  and  shall  also,  so  long  as  it  remains  in  force,  be  pub- 
lished in  each  subsequent  annual  report  of  commission.  Same. 
The  authority  of  commission  (subject  to  review  on  appeal  as 
hereinafter  provided)  to  prescribe  rates,  charges  and  classifications 
of  traffic  for  transportation  and  transmission  companies  shall,  sub- 
ject to  regulation  by  law,  be  paramount,  but  its  authority  to  pre- 
scribe any  other  rules,  regulations  or  requirements  for  corpora- 
tions or  other  persons  shall  be  subject  to  the  superior  authority 
of  the  legislature  to  legislate  thereon  by  general  laws;  provided, 

846  however,  that  nothing  in  this  section  shall  impair  the  rights  which 
have  heretofore  been  or  may  hereafter  be  conferred  by  law  upon 
the  authorities  of  any  city,  town  or  coimty  to  prescribe  rules, 
regulations  or  rate  of  charges  to  be  observed  by  any  public  service 
corporation  in  connection  with  any  services  performed  by  it  under 
a  municipal  or  county  franchise  granted  by  such  city,  town  or 
coimty  so  far  as  such  services  may  be  wholly  within  the  limits  of 
the  city,  town  or  county  granting  the  franchise.     Same. 

OREGON  See  par.  4520. 

SOUTH  CAROLINA  The  powers  conferred  upon  commission  to  fix 
passenger  and  freight  rates,  joint  and  several,  are  delegated  to  it 

847  by  general  assembly  as  fully  as  the  general  assembly  itself  could 
exercise  them.     Gen.  Stats.  igo2,  sec.  2082. 

Commission  in  arriving  at  its  conclusion  and  decisions  as  to 
what  are  just  and  reasonable  rates,  and  in  making  examinations 
for  such  purpose,  shall  have  the  powers  conferred  in  sections  2077, 
2078,  2079  and  2080  for  securing  the  attendance  of  witnesses, 

848  reports  and  testimony  of  officers,  agents  or  employes  of  railroad 
companies,  and  for  the  production  of  books  and  papers;  and  for 
violation  of  the  provisions  of  this  section,  the  same  penalties  are 
hereby  imposed  as  are  provided  in  said  sections  respectively;  and 
such  witnesses  shall  receive  the  compensation  prescribed  in  sec- 
tion 2077.     Same. 

Commissioners  may  examine  all  agents  and  employes  of 
said  railroad  companies  and  other  persons  under  oath  and  other- 
wise, in  order  to  procure  the  necessary  information  to  make  just 
and  reasonable  rates  of  freight  and  passenger  tariffs,  and  ascer- 

849  tain  if  such  rules  ancj  regulations  are  observed  or  violated,  and 
make  necessary  and  proper  rules  and  regulations  concerning 
such  examinations,  and  which  rules  and  regulations  herein  pro- 
vided for  shall  be  obeyed  and  enforced  as  all  other  rules  and  reg- 
ulations provided  for  in  this  chapter.     Same. 

242 


Also  provisions  substantially  identical  with  pars.  783,  784, 
860   except  that  "but  said  passenger  rates  shall  not  exceed  the 
maximum  prescribed  in  section  2165"  is  included  in  par.  783. 
Same,  sees.  2og2,  2ogj, 

Commission  shall  fix  and  regulate  the  rates  or  tolls  to  be 
charged  by  the  owners  or  operators  of  aU  telephone  lines,  stations 
or  exchanges  for  the  transmission  of  intelligence  for  hire  and 
require  reasonable  connections  to  be  made  and  maintained  when 
practicable  between  such  lines,  stations  or  exchanges  and  fix  and 
regulate  reasonable  rates,  tolls  and  compensation  therefor,  and 
also  require  reasonable  connections  to  be  made  and  maintained 
when  practicable  between  any  such  lines,  stations  or  exchanges 
and  the  lines  or  stations  of  private  individuals,  firms  or  corpora- 
tions desiring  such  connections,  and  fix  and  regulate  the  rates, 
tolls  or  compensation  therefor;  and  also  make  and  enforce  rules 
and  regulations  by  which  all  persons,  firms,  or  corporations 
owning  or  operating  telephone  lines,  stations  or  exchanges  in 
the  state  for  the  transmission  of  intelligence  for  hire  shall  be 

851  governed  in  the  conduct  of  said  business;  provided,  that  in  the 
cities  and  towns  where  franchises  have  been  granted  by  any 
city  or  town  to  operate  and  maintain  a  telephone  exchange  or 
exchanges  and  the  rates  and  tolls  are  fixed  in  any  such 
franchise  so  granted,  nothing  herein  shall  permit  any  increase 
in  the  rates  and  tolls  so  fixed  for  service  now  furnished,  whether 
local  or  otherwise,  except  by  agreement  with  the  municipal  au- 
thorities in  any  such  city  or  town  and  the  subscribers;  provided, 
further,  that  except  by  agreement  with  subscribers  no  change 
shall  be  made  in  any  existing  rates  without  a  hearing  by  commis- 
sion which  shall  be  had  at  such  time  and  place  as  shall  be  desig- 
nated by  commission  most  convenient  to  the  parties  interested 
and  of  which  commission  shall  publish  a  notice  in  at  least  one 
newspaper  most  likely  to  give  notice  to  the  parties  interested  once 
a  week  for  at  least  iovn  weeks.     Laws  1904,  no.  281,  sec.  i. 

A  public  service  commission  appointed  as  provided  by  law 
shall  be  authorized  to  fix  and  establish  in  all  cities  of  the  state 
now  and  hereafter  incorporated  under  any  general  or  special  law 

862  of  the  state  maximtmi  rates  and  charges  for  the  supply  of  water, 
gas  or  electricity  furnished  by  any  person,  firm  or  corporation  to 
such  city  and  the  inhabitants  thereof,  such  rates  to  be  reasonable 
and  just.     Laws  1910,  no.  286,  sec.  1/ 

»  Upon  complaint  in  writing  of  20  or  more  citizens  to  the  mayor  or  council  of  any  such  city, 
that  any  person,  firm  or  corporation  is  chargfing  an  unjust  or  unreasonable  rate  for  water,  gas 
or  electricity,  furnished  by  the  same,  the  said  city,  mayor  or  council  may  request  the  public 
service  commission  to  stimmon  such  person,  the  members  of  such  firm  or  the  officers  of 

243 


Anyjperson,  firm"'or  corporation  now  or  hereafter  owning 
or  operating  such  water,  gas  or  electric  plant,  who  shall  fail  or 
refuse  to  accept  the  rate  fixed  by  commission  to  be  charged  for 
water,  gas  or  electricity,  and  instead  thereof  shall  charge,  demand 
or  receive  a  greater  amount  than  that  fixed  by  commission 
aforesaid,  shall  be  deemed  guilty  of  a  misdemeanor  and  upon 

853  conviction  thereof  shall  be  fined  in  any  sum  not  less  than  $25 
nor  more  than  $100,  and  each  overcharge  to  any  consumer  of 
water,  gas  or  electricity  shall  constitute  a  separate  offense,  to 
be  recovered  in  any  court  of  competent  jurisdiction,  one-half  of 
such  fine  as  may  be  imposed  going  to  the  informer  and  the 
other  half  to  go  to  such  city  where  the  complaint  arises.  Same, 
sec.  3. 

The  provisions  of  this  act  shall  not  apply  to  the  cities  of 

854  Charleston,  Marion,  Spartanburg,  Sumter  and  Union  or  the  town 
of  Conway.     Same,  sec.  5. 

See  also  par.  1936. 

SOUTH  DAKOTA  Commission  shall  make  for  each  of  the  railroad 
corporations  as  soon  as  practicable  a  schedule  of  reasonable  maxi- 
miim  fares  and  rates  of  charges  for  the  transportation  of  passen- 

855  gers,  freight  and  cars  on  each  of  said  railroads,  and  said  power  to 
make  schedules  shall  include  the  power  of  classification  of  all  such 
freights  and  commission  shall  make  such  classification.  Rev. 
Pol.  Code  igo3,  sec.  450. 

Provided,  the  maximum  compensation  per  mile  for  the  trans- 
portation of  any  person  with  ordinary  baggage  not  exceeding  150 
pounds  shall  not  be  more  than  two  and  one-half  cents  per  mile 
between  points  where  the  distance  traversed  is  entirely  within  the 

856  state,  except  upon  narrow  gauge  railroads,  and  commission  shall 
for  the  purpose  of  making  a  maximimi  fare  and  charges  for  the 
transportation  of  passengers  and  freight  classify  said  railroads  as 
far  as  practicable  according  to  the  gross  amoimt  of  their  respec- 
tive annual  earnings  per  mile  within  the  state  for  the  three  years 
preceding  the  time  of  making  the  classification.     Same. 

When  any  schedule  shall  have  been  made  or  revised  as  pro- 
vided by  law  commission  shall  cause  notice  thereof  to  be  pub- 
lished for  two  successive  weeks  in  two  public  newspapers  pub- 
such  corporation  to  appear  before  them,  with  their  books  relating  to  such  matters,  when 
such  examination  shall  be  made  as  may  be  necessary  to  determine  whether  or  not  the  said 
rates  are  unjust  or  unreasonable;  and  if  upon  such  examination  the  said  public  service  com- 
mission shall  determine  that  the  said  rates  are  unreasonable  or  unjust,  it  shall  be  their 
duty  to  fix  such  rates  to  be  paid  for  water,  gas  or  electricity  as  they  may  deem  to  be  just 
and  reasonable;  provided,  that  in  case  the  said  public  service  commission  shall  fix  unjust 
and  unreasonable  rates  the  same  may  be  reviewed  and  determined  by  the  circuit  court 
of  the  county  in  which  such  city  is  located.     Acts  iqio,  ho.  286,  sec.  2. 

244 


857  lished,  one  in  the  county  of  Minnehaha  and  one  in  the  county 
of  Lawrence  in  the  state,  which  notice  shall  state  the  date  of  the 
taking  effect  of  such  schedule  and  said  schedule  shall  take  effect 
at  the  time  so  stated  in  such  notice.     Same. 

Before  finally  fixing  and  deciding  what  the  original  maximum 
rates  and  fares  and  classifications  shall  be,  commission  shall 
publish  ten  days'  notice  in  two  daily  papers  published,  one  in  the 
county  of  Mianehaha,  another  in  the  county  of  Lawrence,  setting 
forth  in  such  notice  that  at  a  certain  time  and  place  it  will  proceed 

858  to  fix  and  determine  such  maximum  rates,  fares  and  classifica- 
tions, and  commission  shall  at  such  time  and  place  and  as  soon  as 
practicable  afford  to  any  person,  firm  or  corporation  or  common 
carrier  who  may  desire  it  an  opportunity  to  make  an  explanation 
or  showing  or  to  furnish  information  to  commission  on  the  subject 
of  determining  and  fixing  such  maximum  rates  and  classifications. 
Same. 

Before  commission  shall  make  any  individual  rate  or  schedule 
of  maximimi  telephone  rates  or  order  any  connections,  commis- 
sion shall  give  ten  days'  notice  of  the  time  and  place  when  and 
where  it  will  meet  to  fix  and  determine  such  rates  and  order  con- 
nection, by  sending  notices  to  said  company  or  owner  by  regis- 

859  tered  mail,  at  the  place  of  business  of  said  company  or  owner  as 
given  in  its  report  filed  tmder  the  provisions  of  section  four  of  this 
act,  and  any  person  may  appear  at  such  hearing  and  be  heard  or 
examined  by  commission,  touching  the  question  under  consider- 
ation. Sess.  Laws  igog,  ch.  28g,  sec.  5,  as  amended  by  Sess.  Laws 
igii,  ch.  218,  sec.  j. 

A  certified  copy  of  every  order  of  commission  affecting  the 
rates  of  any  telephone  company  shall  be  served  upon  an  officer 

860  or  station  agent  of  such  company  or  may  be  mailed  to  said  com- 
pany at  the  place  of  business  given  in  its  filed  report,  and  shall  take 
effect  and  become  operative  20  days  after  such  service,  unless  com- 
mission shall  otherwise  order.     Same,  sec.  g. 

Commission  shall  within  60  days  after  this  act  goes  into  effect 
prepare  for  each  of  the  express  companies  a  uniform  schedule  or 
schedules  of  reasonable  maximum  rates  of  charges  for  the  trans- 
portation of  express  freight  between  stations  within  the  state  over 

861  lines  of  railway  wholly  within  the  state.  The  schedule  or  sched- 
ules so  prepared  shall  take  effect  and  be  in  force  at  such  time  as 
may  be  specified  by  commission  in  its  order  adopting  such  sched- 
ule which  shall  be  in  no  event  later  than  ten  days  after  the  expira- 
tion of  the  60  days  above  designated.  Sess.  Laws  igii,  ch.  ij2, 
sec.  I. 

24s 


The  order  of  commission  adopting  such  schedule  or  schedules 

862  of  rates  shall  be  enforced  in  the  same  manner  as  now  provided 
by  law  for  the  enforcement  of  any  other  order  made  by  com- 
mission.   SamCj  sec,  2. 

Commission  shaU  make  for  each  of  the  common  carriers 
doing  business  in  the  state  a  schedule  of  reasonable  maximum 
fares  and  rates  of  charges  for  the  transportation  or  transmission 
of  passengers,  freight,  cars,  express  and  messages  by  telephone  on 
or  over  each  of  said  common  carriers,  and  said  power  to  make 

863  schedtiles  shall  include  the  power  of  classification  of  all  such 
freights,  express  and  messages  by  telephone  and  commission 
shall  make  such  classification.  Commission  may  fix  different 
rates  or  schedules  of  rates  for  different  common  carriers  and  for 
different  lines  and  different  parts  of  the  same  line  of  any  common 
carrier.     Sess.  Laws  igii,  ch.  2oy,  sec.  20. 

When  any  schedule  shall  have  been  made  or  revised  commis- 
sion shall  cause  notice  thereof  to  be  given  each  common  carrier  by 
serving  such  notice  with  a  copy  of  said  schedule  attached  thereto 
upon  any  station  agent,  clerk,  superintendent,  secretary,  pres- 

864  ident  or  directors  of  such  common  carrier  within  the  state  or 
by  mailing  said  notice  and  schedule  to  any  such  agent  or  to  any 
such  officer  of  such  common  carrier,  which  notice  shall  state  the 
date  of  the  taking  effect  of  said  schedule,  and  said  schediile  shall 
take  effect  at  the  time  so  stated  in  such  notice.     Same. 

Before  finally  fixing  and  deciding  what  the  original  maximimi 
rates  and  fares  and  classifications  shall  be  commission  shall  serve 
upon  each  common  carrier  in  the  manner  provided  in  this  section 
for  giving  notice  of  the  taking  effect  of  any  schedule,  at  least  ten 
days'  notice  of  the  time  and  place  when  and  where  commission 

865  will  proceed  to  fix  and  determine  such  maximum  rates,  fares  and 
charges  and  commission  will  at  such  time  and  place  and  as  soon  as 
practicable  afford  to  any  person,  firm  or  corporation  or  common 
carrier  who  may  desire  it  an  opportunity  to  make  an  explanation 
or  showing  or  to  furnish  information  to  commission  on  the  sub- 
ject of  determining  and  fixing  such  maximum  rates  and  charges. 
Same. 

Commission  may  fix  and  regulate  aU  switching  charges  ex- 
acted by  any  common  carrier  engaged  in  intrastate  commerce 

866  and  classify  all  common  carriers  doing  business  in  the  state,  as 
well  as  make  full  and  complete  classifications  of  freight,  express 
and  telephone  messages.     Same,  sec.  50. 

Commission  may  fix  and  determine  any  and  all  rates  and 

246 


867  charges  for  the  transmission  of  any  message  by  telephone  or  any 
service  in  connection  therewith,  including  individual  rates  as 
well  as  schedules  of  rates.     Same,  sec.  52. 

Commission  may  fix  and  determine  any  and  all  charges  made 

868  to  the  public  for  the  carrying  of  express  freight.     Same,  sec.  55. 

See  also  par.  342. 

TENNESSEE  Commission  shaU  supervise  and  fix  the  rates, 

charges  and  regulations  of  railroad  freight  and  passenger  tariffs; 
correct  abuses  and  prevent  imjust  discrimination  and  extortions 
in  the  rates  for  freight  and  passenger  tariffs  on  the  different  rail- 

869  roads  in  the  state,  and  require  the  location  of  such  depots  and  the 
establishment  of  such  freight  and  passenger  buildings  as  the  con- 
ditions of  the  roads,  safety  of  freight,  and  public  comfort  may 
require.  Acts  iSgy,  ch.  10,  sec.  8(1),  as  amended  by  Acts  igoy,  ch. 
jpo,  sec.  2. 

All  persons  or  corporations  owning  or  operating  a  railroad  in 
the  state  shall  within  30  days  after  the  passage  of  this  act  furnish 
commission  with  their  tariff  of  charges  for  transportation  of  every 
kind,  and  commission  shall  revise  said  tariff  charges  so  furnished 
and  determine  whether  or  not  and  in  what  particular,  if  any,  said 

870  charges  are  more  than  just  compensation  for  the  service  rendered, 
and  whether  or  not  unjust  discrimination  is  made  in  such  tariff 
of  charges  against  any  person,  locality  or  corporation,  and  when 
such  charges  are  corrected,  as  provided  by  commission,  commis- 
sion shall  then  append  a  certificate  of  its  approval  to  said  tariff 
of  charges.     Same,  sec.  22. 

Commission  shall  exercise  a  careful  and  watchftil  supervi- 
sion over  every  tariff  of  charges  from  time  to  time  as  justice  to 
the  public  and  each  of  the  railroads  may  require  and  increase  or 

871  reduce  any  of  said  rates  according  as  experience  and  business 
operations  may  show  to  be  just ;  and  commission  shall  accordingly 
fix  the  tariffs  of  charges  for  those  railroads  failing  to  furnish  tariffs 
of  charges  as  above  required.     Same. 

When  any  change  is  contemplated  to  be  made  in  the  schedule 
of  passenger  or  freight  rates  of  any  railroad  by  commission, 
whether  by  revising  rates  already  fixed  by  commission  or  by  fixing 

872  and  establishing  rates  originally,  commission  shall  give  the  per- 
son or  corporation  operating  or  managing  said  railroad  notice 
in  writing  at  least  ten  days  before  the  change  of  the  time  and  place 
at  which  such  change  may  be  considered.     Same. 

Where  any  city  or  town  in  the  state  has  competition  existing 
in  freight  rates  between  railroads  and  rivers  commission  shall 

247 


873  regulate  the  freight  rates  of  all  railroads  in  the  cities  or  towns  so 
situated,  according  to  the  rates  fixed  and  charged  by  river  trans- 
portation companies  in  competition  with  such  railroads.  Same, 
sec.  34. 

TEXAS  Commission  shall  adopt  all  necessary  rates, 

charges  and  regulations  to  govern  and  regulate  railroad  freight  and 
passenger  tariffs,  shall  correct  abuses  and  prevent  unjust  discrim- 

874  ination  and  extortion  in  the  rates  of  freight  and  passenger  tariffs 
on  the  different  railroads  in  the  state,  and  shall  enforce  the  same 
by  having  the  penalties  inflicted  as  by  law  prescribed  through 
proper  courts  having  jurisdiction.  Sayles^  Civ.  Stats.  i8gy,  art.  4562. 

876  Also  provision  substantially  identical  with  pars.  818,  819. 

Same,  arts.  4^62(1),  4^62(4). 

Commission  shall  fix  to  each  class  or  subdivision  of  freight  a 

876  reasonable  rate  for  each  railroad  for  the  transportation  of  each  of 
said  classes  and  subdivisions.     Same,  art.  4^62(2). 

The  classifications  herein  provided  for  shall  apply  to  and 

877  be  the  same  for  all  railroads  subject  to  the  provisions  of  this 
chapter.    Same,  sec.  4^62(3). 

878  Also  a  provision  identical  with  par.  827.    Same,  art.  456 2{'/). 
Before  any  rates  shall  be  established,  commission  shall  give 

the  railroad  company  to  be  affected  thereby  ten  days'  notice  of 
the  time  and  place  when  and  where  the  rates  shall  be  fixed;  and 

879  said  railroad  company  shall  be  entitled  to  be  heard  at  such  time 
and  place  to  the  end  that  justice  may  be  done;  and  it  shall  have 
process  to  enforce  the  attendance  of  its  witnesses.  All  process 
herein  provided  for  shall  be  served  as  in  civil  cases.     Same,  art. 

4563- 

Commission  shall,  as  soon  as  the  classifications  and  schedules 
of  rates  provided  by  law  are  prepared  by  it,  fiimish  each  railroad 
with  a  complete  schedule  in  suitable  form  showing  the  classifica- 
tion of  freight  made  by  it  and  the  rates  fixed  by  commission  to  be 
charged  by  said  road  for  the  transportation  of  each  class  of  freight, 

880  and  shall  cause  a  certified  copy  of  such  classification  and  schedule 
of  rates  to  be  delivered  to  each  of  said  railroads  at  its  principal 
office  in  the  state,  if  it  has  such  office  in  the  state,  and  if  not, 
then  to  any  agent  of  said  company  in  the  state,  which  said 
schedule,  rules  and  regulations  shall  take  effect  at  the  date  which 
may  be  fixed  by  commission  not  less  than  20  days.  Same,  art.  4567. 

In  all  cases  where  the  rates  shall  not  have  been  fixed  by  com- 

881  mission  no  changes  shall  be  made  except  after  ten  days'  notice  to 
and  consent  of  commission.     Same. 

248 


Commission  shall  fix  and  establish  reasonable  and  just  rate? 
of  charges  for  each  class  or  kind  of  property,  money,  papers,  pack- 
ages and  other  things  to  be  charged  for  and  received  by  each 
express  company  on  all  such  property,  money,  papers,  packages 
and  things  which  by  the  contract  of  carriage  are  to  be  transported 

882  by  said  express  company  between  points  wholly  within  the  state, 
which  rates  or  charges  may  be  made  to  apply  to  all  such  com- 
panies. Commission  shall  have  the  same  power  to  make  and  pre- 
scribe such  rules  and  regtilations  for  the  government  and  control 
of  such  express  companies  as  is  or  may  be  conferred  upon  com- 
mission for  the  regulation  of  railroads.     Same,  art.  4582. 

VIRGINIA  Provisions  substantially  identical  with  pars. 

843,  844,  845,  846,  except  that  par.  845  requires  that  the  news- 

883  papers  in  which  publication  is  made  shall  be  published  in  the 
city  of  Richmond,  Virginia.     Const.,  sec.  i^6{b). 

Commission  shall  from  time  to  time  make  and  enforce  such 
requirements,  rules  and  regulations  as  may  be  necessary  to  pre- 
vent unjust  or  unreasonable  discrimination  by  any  transportation 

884  or  transmission  company  in  favor  of  or  against  any  person,  local- 
ity, community,  connecting  line  or  kind  of  traffic  in  the  matter 
of  car  service,  train  or  boat  schedule,  efficiency  of  transportation 
or  otherwise  in  connection  with  the  public  duties  of  such  com- 
panies.    Same. 

WISCONSIN  Commission  shall  provide  for  a  comprehensive 

classification  of  service  for  each  public  utility  and  such  classifi- 
cation may  take  into  accoimt  the  quantity  used,  the  time  when 
used,  the  purpose  for  which  used,  and  any  other  reasonable  con- 
sideration. Each  public  utility  is  required  to  conform  its  sched- 
ules of  rates,  tolls  and  charges  to  such  classification.  Laws  iQoy, 
ch.  4QQ,  ."iec.  ijgym — 55. 


249 


C.  AUTHORITY  OF  COMMISSION  ON  ITS 
OWN  MOTION  OR  ON  COMPLAINT 
AFTER  INVESTIGATION  TO  CHANGE 
RATES  AND  CHARGES  PREVIOUSLY 
IN  FORCE  AND  TO  FIX,  ESTABLISH 
OR  PRESCRIBE  OTHERS  IN  LIEU 
THEREOF  TO  BE  FOLLOWED  IN 
THE  FUTURE. 

UNITED  STATES  Whenever  a  carrier  by  railroad  shall  in  com- 
petition with  a  water  route  or  routes  reduce  the  rate  on  the  car- 
riage of  any  species  of  freight  to  or  from  competitive  points  it 

886  shall  not  be  permitted  to  increase  such  rates  unless  after  hearing 
by  commission  it  shall  be  found  that  such  proposed  increase  rests 
upon  changed  conditions  other  than  the  elimination  of  water 
competition.     Act  to  Regulate  Commerce,  sec.  4. 

Whenever  after  full  hearing  upon  a  complaint  made  as  pro- 
vided in  section  13  of  this  act,  or  after  full  hearing  under  an  order 
for  investigation  and  hearing  made  by  commission  on  its  own 
initiative  (either  in  extension  of  any  pending  complaint  or  with- 
out any  complaint  whatever)  commission  shall  be  of  opinion 
that  any  individual  or  joint  rates  or  charges  whatsoever,  de- 
manded, charged  or  collected  by  any  common  carrier  or  carriers 
for  the  transportation  of  persons  or  property,  or  for  the  trans- 
mission of  messages  by  telegraph  or  telephone,  or  that  any 
individual  or  joint  classifications,  regulations,  or  practices  what- 
soever of  such  carrier  or  carriers  are  unjust  or  unreasonable  or  im- 
justly  discriminatory  or  unduly  preferential  or  prejudicial  or 

887  otherwise  in  violation  of  any  of  the  provisions  of  this  act,  com- 
mission may  determine  and  prescribe  what  will  be  just  and 
reasonable  individual  or  joint  rate  or  rates,  charge  or  charges  to 
be  thereafter  observed  in  such  case  as  the  maximum  to  be  charged, 
and  what  individual  or  joint  classification,  regulation  or  practice 
is  just,  fair  and  reasonable  to  be  thereafter  followed,  and  may 
make  an  order  that  the  carrier  or  carriers  shall  cease  and  desist 
from  such  violation  to  the  extent  to  which  commission  finds  the 
same  to  exist,  and  shall  not  thereafter  publish,  demand  or  col- 
lect any  rate  or  charge  for  such  transportation  or  transmission  in 
excess  of  the  maximum  rate  or  charge  so  prescribed,  and  shall 

250 


adopt  the  classification  and  shall  conform  to  and  observe  the 
regulation  or  practice  so  prescribed.    Same,  sec.  15. 

ALABAMA  Upon  complaint  of  any  person,  firm,  corpora- 

tion or  association,  or  of  any  mercantile,  "agricultiiral,  or  manu- 
facturing society  or  of  any  body  politic  or  municipal  organiza- 
tion, that  any  of  the  rates,  fares,  charges  or  classifications,  or 
any  joint  rate  or  rates,  are  in  any  respect  unreasonable,  or  un- 
justly discriminatory,  or  that  any  regulation  or  practice  whatso- 
ever, affecting  the  transportation  of  persons  or  property,  or  any 

888  service  in  connection  therewith,  are  in  any  respect  unreasonable 
or  unjustly  discriminatory,  or  that  any  regiilation  or  practice 
whatsoever  affecting  the  transportation  of  persons  or  property  or 
any  service  in  connection  therewith,  are  in  any  respect  unreason- 
able or  unjustly  discriminatory,  or  that  any  service  is  inade- 
quate, commission  may  notify  the  transportation  company  com- 
plained of  that  complaint  has  been  made,  and  ten  days  after 
such  notice  has  been  given  commission  may  proceed  to  investi- 
gate the  same  as  hereinafter  provided.     Code  igoj,  sec.  5667. 

Before  proceeding  to  make  such  investigation,  commission 
shall  give  the  transportation  company  and  the  complainant  ten 
days'  notice  of  the  time  and  place  when  and  where  such  matters 

889  will  be  considered  and  determined,  and  said  parties  shah  be  en- 
titled to  be  heard,  through  themselves  or  their  counsel,  and  shall 
have  process  to  enforce  the  attendance  of  witnesses.  Same,  sec. 
5668. 

If  upon  investigation,  the  rate  or  rates,  fares,  charges  or 
classification,  or  any  joint  rate  or  rates  or  any  regulation,  prac- 
tice or  service  complained  of  shall  be  found  to  be  unreasonable 
or  imjustly  discriminatory,  or  the  service  shall  be  found  to  be  in- 
adequate, commission  may  fix  and  order  substituted  therefor  such 

890  rate  or  rates,  fares,  charges  or  classifications  as  it  shall  have  de- 
termined to  be  just  and  reasonable,  and  which  shall  be  charged, 
imposed  and  followed  in  the  future,  and  may  make  such  orders 
respecting  such  regulation,  practice  or  service  as  it  shall  deter- 
mine to  be  reasonable  and  which  shall  be  observed  and  followed 
in  the  future.     Same,  sec.  566g. 

Commission  may,  when  complaint  is  made  of  more  than  one 
rate  or  charge,  order  separate  hearings  thereon,  and  may  con- 

891  sider  and  determine  the  several  matters  complained  of  separately 
and  at  such  time  as  it  may  prescribe.  No  complaint  shall  at  any 
time  be  dismissed  because  of  the  absence  of  direct  damage  to  the 
complainant.    Same,  sec.  5670. 

251 


Whenever  commission  may  believe  that  any  rate  or  charge 
may  be  unreasonable,  or  unjustly  discriminatory  or  that  any 
service  is  inadequate  and  that  an  investigation  relating  thereto 
should  be  made,  it  may  on  its  own  motion  investigate  the  same. 
If  after  making  such  investigation  commission  becomes  satisfied 
that  sufficient  grounds  exist  to  warrant  a  hearing  to  determine 

892  whether  the  rate  or  charge  so  investigated  is  unreasonable  or 
unjustly  discriminatory  or  whether  the  service  investigated  is  in- 
adequate it  shall  furnish  the  transportation  company  or  compa- 
nies interested  a  statement  setting  forth  the  rate,  charge  or  serv- 
ice investigated,  which  said  statement  shall  be  accompanied  by 
a  notice  fixing  the  time  and  place  for  hearing  on  such  rate,  charge 
or  service  as  the  case  may  be.     Same,  sec.  56^1. 

Notice  may  also  be  given  to  other  parties  in  interest,  and 
shall  be  given  at  least  ten  days  in  advance  of  any  hearing,  and 

893  thereafter  proceedings  shall  be  had  and  conducted  in  reference  to 
the  matter  investigated  pursuant  to  the  provisions  of  sections 
5667  and  5668  of  this  chapter.     Same. 

This  shall  be  construed  to  permit  any  transportation  com- 
pany to  make  a  complaint  with  like  effect  as  though  made  by  any 

894  person,  firm,  corporation  or  association,  mercantile,  agricultural 
or  manufacturing  society,  body  politic  or  municipal  organization. 
Same. 

Whenever  upon  an  investigation  made  under  the  pro- 
visions of  this  chapter  commission  shall  find  any  existing  rate  or 
rates  or  any  regulation  or  practice  whatsoever,  affecting  the 
transportation  of  persons  or  property  or  any  service  in  connec- 
tion therewith  unreasonable  or  unjustly  discriminatory  or  any 
service  inadequate  it  shall  so  determine  and  by  order  fix  a  reason- 

895  able  rate,  fare,  charge,  classification  or  joint  rate  to  be  imposed, 
observed  and  followed  in  the  future  in  lieu  of  that  found  to  be  un- 
reasonable or  unjustly  discriminatory  or  inadequate  as  the  case 
may  be,  and  it  shall  cause  a  certified  copy  of  such  order  to  be  de- 
livered to  any  officer,  superintendent  or  station  agent  of  the 
transportation  company  affected  thereby,  which  order  shall  of 
its  own  force  take  effect  and  become  operative,  20  days  after 
the  service  thereof.     Same,  sec.  j6y8. 

All  transportation  companies  to  which  the  order  applies 
shall  make  such  changes  in  their  schedules  on  file  as  may  be  nec- 
essary to  make  the  same  conform  to  said  order,  where  such  order 

896  relates  to  rates,  fares,  charges,  or  classification,  and  no  change 
shall  be  made  by  any  transportation  company  in  the  rates,  fares. 

252 


charges  or  classification,  or  joint  rate  or  rates  or  in  the  service  or 

practice  so  ordered,  without  the  approval  of  commission.     Same. 

Certified  copies  of  all  orders  of  commission  shall  in  like  man- 

897  ner  be  delivered  to  the  transportation  company  affected  thereby, 
and  the  same  shall  take  effect  within  such  time  thereafter  as  com- 
mission shall  prescribe.     Same. 

ARIZONA,  CALIFORNIA 

Whenever  commission,  after  a  hearing  had 
upon  its  own  motion  or  upon  complaint,  shall  find  that  the  rates, 
fares,  tolls,  rentals,  charges,  or  classifications,  or  any  of  them,  de- 
manded, observed,  charged,  or  collected  by  any  public  service 
corporation^  for  any  service  or  product  or  commodity,  or  in  con- 
nection therewith,  including  the  rates  or  fares  for  excursion,  or 
commutation  tickets,  or  that  the  rules,  regulations,  practices,  or 
contracts,   or  any  of  them,   affecting  such  rates,   fares,  tolls, 

898  rentals,  charges  or  classifications,  or  any  of  them  are  unjust,  un- 
reasonable, discriminatory  or  preferential,  or  in  anywise  in  viola- 
tion of  any  provision  of  law,  or  that  such  rates,  fares,  tolls, 
rentals,  charges,  or  classifications  are  insufficient,  commission 
shall  determine  the  just,  reasonable,  or  sufficient  rates,  fares, 
tolls,  rentals,  charges,  classifications,  rules,  regulations,  practices, 
or  contracts  to  be  thereafter  observed  and  in  force,  and  shall  fix 
the  same  by  order  as  hereinafter  provided.  Ariz. — Sess.  Laws 
igi2,  oh.  go,  sec.  32(a).  Cal. — Stats,  igii,  ist.  ex.  sess.,  ch.  14^ 
sec.  32(a). 

Commission  may,  upon  a  hearing,  had  upon  its  own  motion 
or  upon  complaint,  investigate  a  single  rate,  fare,  toll,  rental, 
charge,  classification,  rule,  regulation,  contract,  or  practice,  or 
any  num^ber  thereof,  or  the  entire  schedule  or  schedules  of  rates, 

899  fares,  tolls,  rentals,  charges,  classifications,  rules,  regulations,  con- 
tracts and  practices,  or  any  thereof,  of  any  public  service  corpora- 
tion,^ and  establish  new  rates,  fares,  tolls,  rentals,  charges,  class- 
ifications, rules,  regulations,  contracts,  or  practices,  or  schedule  or 
schedules,  in  lieu  thereof.  Ariz. — Same,  sec.  32(h),  Cal. — Same, 
sec.  32(b). 

See  also  pars.  36^4,  36^6. 

COLORADO  Commission  shall,  whenever  after  full  hearing 

upon  a  complaint  made  as  provided  herein,  or  upon  complaint 
of  any  common  carrier,  shipper,  consignee,  or  applicant  for  cars, 
it  shall  be  of  opinion  that  any  of  the  rates  or  charges  complained 

"iPublic  utility,"  in  California. 

253    . 


of  and  demanded,  charged  or  collected  by  any  common  carrier  or 
common  carriers  affecting  such  rates  or  charges  are  xmjust  or  un- 
reasonable, or  are  unjustly  discriminatory  or  unduly  preferential 
or  prejudicial  or  otherwise  in  violation  of  any  of  the  provisions  of 

900  this  act,  determine  and  prescribe  in  what  respect  such  rate?, 
charges,  regiilations  or  practices  are  unjust  or  unreasonable,  or 
unjustly  discriminatory  or  unduly  preferential  or  prejudicial  or 
otherwise  in  violation  of  any  of  the  provisions  of  this  act,  and 
make  an  order  that  the  common  carrier  shall  cease  and  desist 
from  such  violation  and  shall  not  thereafter  publish,  demand  or 
collect  such  rate  or  charge  for  such  transportation  or  seek  to  en- 
force the  regulation  or  practice,  so  determined  to  be  unjust. 
Laws  iQio,  sp.  sess.,  ch.  5,  sec.  15. 

CONNECTICUT  Any  town,  city,  or  borough  within  which  or 

between  which,  and  any  other  town,  city  or  borough  in  the  state, 
any  public  service  company  is  furnishing  service,  or  any  ten  pa- 
trons of  any  such  company,  or  any  such  company  furnishing  serv- 
ice in  accordance  with  or  at  rates  prescribed  by  an  order  of  com- 
mission, may  bring  a  written  petition  to  commission  alleging  that 
the  rates  or  charges  made  by  such  company  or  prescribed  by 
commission  are  unreasonable  or  that  the  service  furnished  by  such 
company  is  inadequate  to,  or  the  service  ordered  by  commission 
exceeds,   public  necessity  and  convenience.     Thereupon  com- 

901  mission  shall  fix  a  time  and  place  for  a  hearing  upon  such  petition 
and  shall  mail  notice  thereof  to  the  parties  in  interest  and  shall 
give  due  public  notice  at  least  one  week  prior  to  such  hearing. 
Upon  said  hearing,  commission  may,  if  it  finds  such  rates  and 
charges  to  be  unreasonable  or  such  service  to  be  inadequate  or 
excessive,  determine  and  prescribe  an  adequate  service  to  be 
thereafter  furnished  or  just  and  reasonable  maximtmi  rates  and 
charges  to  be  thereafter  made  by  such  company,  and  such  com- 
pany shall  thereafter  furnish  the  service  so  prescribed  and  shall 
not  thereafter  demand  any  rate  or  charge  in  excess  of  the  maxi- 
mum rate  or  charge  so  prescribed.  Pub.  Acts  ipii,  ch.  128, 
sec.  23. 

See  also  par.  2315. 

INDIANA  Commission  shall  as  provided  by  law  from 

time  to  time  alter,  change,  amend  to  abolish  any  classifications 
or  rates  established  by  any  railroad  company  or  companies 
whenever  found  to  be  unjust,  unreasonable  or  discriminative,  and 
make  and  substitute  for  said  tinjust,  imreasonable  or  discrimi- 
native rates  or  classifications,  amended,  altered  or  new  dassifica- 

254 


902  tions  or  rates,  which  shall  be  put  into  effect  by  said  railroad  com- 
pany or  companies,  and  in  case  any  carrier  fails  to  have  any  rate 
or  schedule  of  rates  to  any  point  of  its  line,  or  on  any  connecting 
line  in  the  state,  commission  as  provided  by  law  may  make  and 
order  a  rate  or  schedule  of  rates  which  shall  be  published  and  put 
into  effect  by  said  carrier  or  carriers.  Acts  igoy,  ch.  241,  sec. 
3id). 

The  power  of  commission  extends  to  any  case  where  any 
person,  firm,  corporation  or  association  or  any  mercantile,  agri- 
cultiiral  or  manufacturing  society  or  any  body  politic  or  municipal 
organization  complain  of  anything  done  or  omitted  to  be  done  by 
any  common  carrier  and  shall  apply  to  commission  by  petition 
which  shall  briefly  state  the  facts;  whereupon  a  statement  of  the 
charges  thus  made  shall  be  forwarded  by  commission  to  such 
common  carrier  who  shall  be  called  upon  to  satisfy  the  com- 
plaint or  to  answer  same  in  writing  within  a  reasonable  time  to 
be  specified  by  commission.  If  such  carrier  shall  not  satisfy  the 
complaint  within  the  time  specified  or  there  shall  appear  to  be  any 

903  reasonable  ground  for  investigating  said  complaint,  commission 
shall  investigate  the  matters  complained  of,  and  no  complaint 
shall  at  any  time  be  dismissed  because  of  the  absence  of  direct 
damage  to  complainant.  And  commission  may,  after  such  in- 
vestigation, make  such  corrections,  alterations,  changes  or  new 
rules  or  regulations  or  rates  as  may  be  necessary  to  prevent  in- 
justice or  discrimination  to  the  party  complaining  or  to  any  other 
person,  firm  or  corporation ;  provided,  that  when  any  rate,  charge, 
classification,  rule  or  regulation  shall  have  been  so  made,  changed, 
modified  or  added  to  by  commission  such  order  shall  operate  for 
the  benefit  of  all  persons  or  corporations  situated  similarly  with 
said  complaining  party.     Same,  sec.  j(/f). 

Before  any  rates  or  charges  of  railroads  or  express  companies 
or  other  carriers  or  coir  panics  shall  be  revised  or  changed  under 
the  provisions  of  this  act,  and  before  any  order  shall  be  made  by 
commission  changing  the  rules  and  regiilations  of  any  such  com- 
pany respecting  car  service,  the  transfer  or  switching  of  cars  from 
one  railroad  to  another,  or  respecting  the  location  or  construc- 
tion of  sidings  and  connections  between  roads  or  respecting  joint 

904  rates  or  charges  by  two  or  more  such  companies,  commission 
shall  give  the  company  or  companies  affected  by  such  proposed 
order  or  revision,  not  less  than  ten  days'  written  notice  of  the 
time  and  place  where  such  rates  or  charges  or  the  matters  in- 
volved in  said  proposed  order  shall  be  considered;  and  such  com- 

255 


pany  shall  be  entitled  to  a  hearing  at  the  time  and  place  specified 
in  such  notice  and  shall  have  process  to  enforce  the  attendance  of 
witnesses.  All  process  herein  provided  for  shall  be  served  as  in 
civil  cases.     Same,  sec.^  4. 

In  addition  to  the  authority  vested  in  commission  to  de- 
termine what  shall  be  just,  reasonable  and  indiscriminative  rates 
for  further  observance,  upon  complaint,  filed  as  provided  in  this 
act,  commission,  whenever  it  is  of  the  opinion  that  the  rates 
charged  by  such  carriers  upon  any  kind  of  property  in  the  state 
or  that  the  rates  upon  any  carrier's  lines  in  the  state,  or  that  any 
class  of  rates  in  force  upon  the  carrier's  lines  in  the  state,  or  any 
part  thereof,  are  excessive  or  unjust  or  discriminative  or  unduly 
prejudicial  or  in  violation  of  the  laws  of  the  state,  commission 

905  shall  investigate  the  same,  and  for  that  ptirpose,  commission 
shall  give  carrier  or  carriers  interested  therein,  20  days'  notice  of 
the  purpose  to  make  such  investigation,  stating  what  rates  are  to 
be  investigated  and  requiring  the  carrier  so  notified  to  appear  at 
the  time  and  place  specified  in  such  notice  and  to  be  heard  therein 
if  they  so  desire.  At  any  hearing,  any  party  interested  in  such 
rates  shall  be  heard  by  commission,  either  in  person  or  by  counsel, 
and  commission  may  after  such  investigation  make  such  cor- 
rections, alterations,  changes  or  new  rules  or  regulations  or  rates, 
as  may  be  necessary  to  prevent  injustice  or  discrimination. 
Same,  sec.  y(a),  as  amended  by  Acts  igii,  ch.  185,  sec.  i. 

Commission  shall  as  soon  as  any  revision  or  classification  or 
schedule  of  rates  or  charges  or  regulations  are  adopted  by  it, 
furnish  each  railroad  company  affected  thereby  with  a  certified 

906  copy  thereof  in  suitable  form,  showing  the  revision,  alteration, 
rule  or  regulation  made  by  commission,  to  be  delivered  to  each 
such  carrier  by  depositing  the  same  in  a  United  States  postofhce, 
in  a  duly  stamped  and  addressed  envelope,  directed  to  some 
officer  or  agent  of  the  carrier  in  the  state.     Same,  sec.  8(a). 

Nothing  in  this  act  shall  authorize  or  empower  commission 
or  any  court  of  the  state  to  establish,  change  or  modify  any  rate 

907  or  charge  for  any  service  to  be  performed  by  any  common  carrier 
in  the  state,  where  the  rate  or  charge  is  now  established  or  which 
may  hereafter  be  established  by  any  valid  law  of  the  state.  Same, 
sec.  8{b). 

See  also  par.  j68o. 

IOWA  Commission  shall  give  notice  of  its  intention  to 

revise  or  change  schedules  by  publishing  a  notice  thereof  in  two 
weekly  newspapers,  published  at  the  seat  of  government  for  two 

256 


consecutive  weeks,  and  the  last  publication  of  such  notice  shall 
be  at  least  ten  days  before  the  time  fixed  for  considering  the 
matter,  and  such  notice  shall  contain  in  general  terms  a  statement 
908  of  the  matters  commission  proposes  to  consider,  and  the  date 
when  and  the  place  where  the  matter  will  be  taken  up  and  shall 
be  addressed  to  all  persons  interested  therein.  When  any 
schedule  is  revised,  commission  must  cause  notice  thereof  to  be 
published  for  two  successive  weeks  in  some  public  newspaper 
printed  at  the  seat  of  government  which  shall  state  the  date  of  the 
taking  effect  thereof,  and  it  shall  take  effect  at  the  time  so  stated. 
Code  iSgj,  sec.  21  j8. 

When  any  person,  in  his  own  behalf  or  in  behalf  of  a  class  of 
persons  similarly  situated,  or  a  firm,  corporation  or  association  or 
any  mercantile,  agriculttiral  or  manufacturing  society  or  any  body 
politic  or  mimicipal  organization  shall  make  complaint  to  com- 
mission that  the  rate  charged  or  published  by  any  railway  com- 
pany or  the  maximum  rates  fixed  by  commission  in  the  schedule 
of  rates  made  by  it  or  the  maximum  rate  fixed  by  law,  is  un- 
reasonably high  or  discriminating  commission  shall  investigate 
the  matter  and  if  the  charge  appears  to  be  well  founded,  fix  a  day 
for  hearing  the  same,  giving  the  railway  company  notice  of  the 
time  and  place  thereof  by  mail  directed  to  any  division  super- 
intendent, general  or  assistant  superintendent,  general  manager, 
president  or  secretary  of  such  company,  which  notice  shall  con- 
tain the  substance  of  the  complaint,  also  the  person  or  persons 
complaining.     Same,  sec.  2ijg. 

Upon  the  hearing,  commission  shall  receive  any  evidence 
and  listen  to  any  argimient,  offered  or  presented  by  either  party 
relevant  to  the  matter  under  investigation,  and  the  burden  of 
proof  shall  not  be  upon  the  person  or  pei;sons  making  the  com- 
plaint ;  but  it  shall  add  to  the  showing  made  at  such  hearing  what- 
ever information  it  may  then  have  or  can  obtain  from  any  source, 
including  schedules  of  rates  actually  charged  by  any  railway  com- 
pany for  substantially  the  same  kind  of  service  in  this  or  any 
other  state.  The  lowest  rates  published  or  charged  by  any  rail- 
ffio  way  company  for  substantially  the  same  kind  of  service,  whether 
in  this  or  another  state,  shall  at  the  instance  of  the  person  or 
persons  complaining,  be  accepted  as  prima  facie  evidence  of  a 
reasonable  rate  for  the  service  under  investigation;  and  if  the 
railway  company  complained  of  is  operating  a  line  of  railroad  be- 
yond the  state,  or  has  a  traffic  arrangement  with  any  such  railway 
company,  the  same  shall  be  taken  into  consideration  in  deter- 

,     257 


mining  what  is  a  reasonable  rate ;  if  it  be  operating  a  line  of  rail- 
way beyond  the  state,  the  rate  charged  or  established  for  sub- 
stantially a  similar  or  greater  service  by  it  in  another  state  shall 
also  be  considered.     Same,  sec.  2140. 

After  such  hearing  and  investigation,  commission  shall  fix 
and  determine  the  maximum  charges  to  be  thereafter  made  by 
the  railroad  company  or  common  carrier  complained  of,  which 
charge  shall  in  no  event  exceed  the  one  now  or  hereafter  fixed  by 
law  and  commission  shall  render  its  decision  in  writing  and  shall 
spread  the  same  at  length  in  the  record  to  be  kept  for  that  pur- 
pose ;  such  decision  shall  specifically  set  out  the  siuns  or  rate  which 

911  the  railroad  company  or  common  carrier  so  complained  of  may 
thereafter  charge  or  receive  for  the  service  therein  named  and 
including  a  classification  of  such  freight;  and  commission  shall 
not  be  limited  in  its  said  decision  and  the  schedule  to  be  con- 
tained therein  to  the  specific  case  or  cases  complained  of,  but  it 
shall  be  extended  to  all  such  rates  between  points  in  the  state  and 
whatever  part  of  the  line  of  railway  of  such  company  or  common 
carrier  within  the  state  may  have  been  fairly  within  the  scope  of 
such  investigation.     Same,  sec.  2141. 

See  also  par.  2442. 

KANSAS  Whenever  the  purchasers  of  water  from  any 

irrigation  company  shall  consider  the  rate  of  charges  of  such 
company  for  the  use  of  water,  to  be  unreasonable,  extortionate  or 
unjust,  they  or  any  one  of  them  may  appeal  to  commission  and  if 
commission  shall  consider  such  complaint  just,  it  shall  proceed  to 

912  notify  the  irrigation  company  and  the  complainants  that  30  days 
from  date  of  such  notice  it  will  at  the  county  seat  within  the 
county  from  which  the  complaint  came  hear  testimony  in  rela- 
tion thereto ;  and  if  after  hearing  such  testimony  and  making  in- 
vestigation it  shall  decide  that  such  rates  are  extortionate  and 
unjust,  it  shall  fix  a  rate  of  compensation  for  the  use  of  water. 
Gen.  Stats,  igog,  sec.  4477. 

Commission  shall  from  time  to  time  alter,  change  or  amend 
any  schedule,  classification,  rate,  rule  or  regulation  established 
by  any  railroad  company  or  companies  or  other  common  carrier 
on  complaint  as  hereinafter  provided,  so  that  such  schedule, 
classification,  rate,  rule  or  regulation  shall  be  reasonable  and  just 

913  and  such  amended,  altered  or  new  schedule,  classification,  rate, 
rule  or"  regulation  shall  be  put  into  effect  by  said  railroad  com- 
pany or  companies  within  not  more  than  30  days  after  receiving 
written  notice  of  the  order  of  commission,  provided  that  before 

258 


such  order  is  made  by  commission,  notice  and  a  hearing  shall  be 
given  as  required  in  section  nine  of  this  act.     Same,  sec.  7170. 

When  a  complaint  has  been  made  which  involves  general 
rates  or  classifications  or  general  rates  on  certain  commodities, 
commission  shall  investigate  and  determine  all  matters  so  in- 
volved without  regard  to  the  subsequent  action  of  the  parties 
making  such  complaint  for  the  withdrawal  of  the  complaint,  and 

914  whenever  commission  shall  determine  what  is  a  reasonable  charge 
for  any  freight  based  on  the  classification  existing  at  the  time  of 
such  determination,  such  rates  and  classifications  and  all  rates  and 
classifications  now  in  effect  shall  not  be  altered  thereafter  with- 
out the  consent  of  commission,  but  such  determination  as  to  what 
is  a  reasonable  charge  shall  be  determined  according  to  the 
classification  then  existing.     Same,  sec.  7ig6. 

In  all  cases  where  complaints  shall  be  made  in  accordance 
with  the  provisions  of  section  18  of  this  act^  that  an  luireasonable 
charge  is  made,  or  that  the  rates  charged  for  freight  are  unjust, 
unreasonable  or  extortionate,  and  commission  shall  find  such 
complaint  to  be  true,  it  shall  require  a  modified  charge  for  the 
service  rendered  such  as  it  shall  deem  to  be  reasonable  and  shall 
certify  its  findings  to  the  managing  officer  of  the  road  against 
which  complaint  is  made;  and  the  rates  so  determined  by  com- 
mission to  be  reasonable  shall  be  by  the  railroad  company  affected 
thereby  accepted  and  posted  in  a  conspicuous  place  in  each 
depot  on  the  line  of  its  road  that  may  be  designated  by  commis- 
sion; and  if  any  railroad  company  shall  fail  for  a  period  of  ten 
days  to  accept  such  rates  and  post  the  same  as  herein  provided 
in  each  depot  on  the  line  gf  its  road  that  may  be  designated 

915  by  commission,  then  commission  shall  cause  the  rates  so  deter- 
mined by  commission  to  be  reasonable  to  be  published  in  the 
official  state  paper,  and  thereupon  and  after  such  publication 
such  rates  so  found  shall,  in  all  actions  arising  in  any  court  in 
the  state,  be  taken  to  be  reasonable  compensation  for  the  serv- 
ices for  which  they  are  provided,  until  the  contrary  is  proven; 
and  all  compensation  demanded  or  received  by  any  such  railroad 
company  in  excess  of  the  rates  so  determined  by  commission 
shall,  in  any  such  action,  be  taken  to  be  imjust,  unreasonable, 
and  extortionate,  until  the  contrary  is  proven.  All  cases  of  a 
failure  to  comply  with  the  recommendation  of  commission  shall 
be  embodied  in  the  annual  report  of  commission  to  the  governor 
and  the  same  shall  apply  to  any  unjust  discrimination,  extortion 

Laws  1901,  ch,  286. 

259 


or  overcharge  by  said  company,  or  other  violation  of  this  act 
by  such  company.     Same,  sec.  ^igy. 

Upon  complaint  in  writing  made  to  commission  that  an  tm- 
reasonable  price  has  been  charged  by  a  railroad  company,  com- 

916  mission  shall  investigate  such  complaint  and  if  sustained,  shall 
make  a  certificate  under  its  seal,  setting  forth  what  is  a  reason- 
able charge  for  the  service  rendered,  which  shall  be  prima  facie 
evidence  of  the  matter  therein  stated.     Same,  sec.  7199. 

Neither  commission  nor  any  railroad  company  shall  raise 

917  the  charge  for  the  transportation  of  freight  on  any  railroad  with- 
out first  giving  60  days'  public  notice  of  such  charge  in  such 
manner  as  commission  may  determine.     Same,  sec.  721  j. 

Upon  complaint  in  writing  made  against  any  common 
carrier  or  public  utility  by  any  mercantile,  agricultural  or  manu- 
facturing organization  or  society  or  by  any  body  politic  or  munici- 
pal organization  or  by  any  taxpayer,  firm,  corporation,  or 
association  that  any  of  the  rates  or  joint  rates,  fares,  tolls,  charges, 
rules,  regulations,  classifications  or  schedules  of  such  public 
utility  or  common  carrier  are  in  any  respect  unreasonable,  unfair, 
imjust,  tmjustly  discriminatory  or  unduly  preferential  or  both,  or 

918  that  any  regulation,  practice,  or  act  whatsoever,  affecting  or 
relating  to  any  service  performed  or  to  be  performed  by  such 
public  utility  or  common  carrier  for  the  public,  is  in  any  respect 
unreasonable,  unfair,  imjust,  unreasonably  inefficient,  insuffi- 
cient, unjustly  discriminatory  or  unduly  preferential,  or  any 
service  performed  or  to  be  performed  by  such  public  utilities  or 
common  carrier  for  the  public  is  unreasonably  inadequate,  in- 
efficient, unduly  insufficient,  or  cannot  be  obtained,  commission 
shall  proceed  with  or  without  notice  to  make  such  investiga- 
tion as  it  may  deem  necessary.     Laws  1911,  ch.  2j8,  sec.  14.^ 

Commission  may,  upon  its  motion,  and  without  any  com- 

1  It  shall  be  the  duty  of  commission,  either  upon  complaint  or  upon  its  own  initiative, 
to  investigate  all  rates,  joint  rates,  fares,  tolls,  charges  and  exactions,  classifications  or 
schedules  of  rates,  or  joint  rates  and  rules  and  regulations,  and  if,  after  full  hearing  and 
investigation,  commission  shall  find  that  such  rates,  joint  rates,  fares,  tolls,  charges  or 
exactions,  classifications  or  schedules  of  rates,  or  joint  rates,  or  rules  and  regulations,  are 
unjust,  unreasonable,  unjustly  discriminatory  or  unduly  preferential,  commission  shall  have 
power  to  fix  and  order  substituted  therefor  such  rate  or  rates,  fares,  tolls,  charges,  exactions 
classifications  or  schedules  of  rates  or  joint  rates  and  such  rules  and  regulations  as  shall 
be  just  and  reasonable.  If  upon  any  investigation,  it  shall  be  found  that  any  regulation, 
measurement,  practice,  act  or  service  complained  of  is  unjust,  unreasonable,  unreasonably 
inefficient,  insufficient,  unduly  preferential,  unjustly  discriminatory  or  otherwise  in  viola- 
tion of  any  of  the  provisions  of  this  act  or  of  the  orders  of  this  commission,  or  if  it  be  found 
that  any  service  is  inadequate  or  that  any  reasonable  service  cannot  be  obtained,  the  com- 
mission shall  have  power  to  substitute  therefor  such  other  regulations,  measurements, 
practices,  service  or  acts,  and  to  make  such  order  respecting  any  such  charges  in  such 
regulations,  measurements,  practices,  service  or  acts  as  shall  be  just  and  reasonable.  When- 
ever, in  the  judgment  of  commission,  public  necessity  and  convenience  require,  commission 
shall  have  power  to  establish  just  and  reasonable  concentration,  commodity,  transit  or 
other  special  rates,  charges  or  privileges,  but  all  such  rates,  charges  and  privileges  shall 
be  open  to  all  users  of  a  like  kind  of  service  under  similar  circumstances  and  condition. 
Laws  iQii,  ch.  238,  sec.  13. 

260 


plaint  being  made,  proceed  to  make  such  investigation,  but  no 
order  affecting  such  rates,  joint  rates,  tolls,  charges,  rules,  regula- 
tions, classifications,  schedules,  practices  or  acts  complained  of 
shall  be  made  or  entered  by  commission  without  a  formal  public 

919  hearing  of  which  due  notice  shall  be  given  by  commission  to  such 
public  utility  or  common  carrier,  or  to  such  complainant  or  com- 
plainants, if  any.  Commission  may  require  such  public  utility 
or  common  carrier  to  make  such  improvements  and  do  such  acts 
as  are  or  may  be  required  by  law  to  be  done  by  such  public  utility 
or  common  carrier.     Same. 

If  upon  hearing  and  investigation,  the  rates,  joint  rates, 
fares,  tolls,  charges,  rules,  regulations,  classifications,  or  sched- 
iiles  of  any  common  carrier  or  public  utility,  are  found  to  be  un- 
just, unreasonable,  unfair,  unjustly  discriminatory,  or  unduly 
preferential,  or  in  anywise  in  violation  of  the  provisions  of  this 
act,  or  of  any  of  the  laws  of  the  state,  commission  may  fix 
and  establish  and  order  substituted  therefor,  such  rates,  joint 
rates,  fares,  tolls,  charges,  rules,  regulations,  classifications,  or 
schedules  as  it  shall   find,    determine  or   decree  to  be    just, 

920  reasonable  and  necessary;  and  if  it  shall  be  found  that  any 
regulation,  practice  or  act  whatsoever,  relating  to  any  service 
performed  or  to  be  performed  by  such  public  utility  or  com- 
mon carrier  for  the  public  in  any  respect  unreasonable,  un- 
just, unfair,  unreasonably  inefficient,  insufficient,  im justly  dis- 
criminatory or  tinduly  preferential  or  otherwise  in  violation  of 
any  of  the  provisions  of  this  act,  or  of  any  of  the  laws  of  the 
state,  commission  may  substitute  therefor  such  other  regulation, 
practice,  service  or  act  as  it  finds  and  determines  to  be  just,  rea- 
sonable and  necessary.     Same,  sec.  i6. 

All  orders  and  decisions  of  commission,  whereby  any  rates, 
joint  rates,  fares,  tolls,  charges,  rules,  regulations,  classifications, 
schedules,  practice  or  acts,  relating  to  any  service  performed  or  to 
be  performed  by  such  public  utility  or  common  carrier  for  the  pub- 
lic, are  altered,  changed,  modified,  fixed  or  established,  shall  be  re- 
duced to  writing  and  a  copy  thereof  duly  certified  shall  be  served 

921  on  the  public  utility  or  common  carrier  affected  thereby  by  reg- 
istered mail,  and  such  order  and  decision  shall  become  operative 
and  effective  within  30  days  after  such  service,  and  such  public 
utility  or  common  carrier  shall,  unless  an  action  is  commenced 
in  a"  court  of  proper  jurisdiction  to  set  aside  the  findings,  orders 
and  decisions  of  commission  or  to  review  and  correct  the  same, 
carry  the  provisions  of  said  order  into  effect.     Same. 

See  also  pars.  244;^,  J682. 

261 


KENTUCKY  When  complaint  shall  be  made  to  commission, 

accusing  any  railroad  company  or  corporation  of  charging,  col- 
lecting or  receiving  extortionate  freight  or  passenger  rates  over 
its  line  or  Imes  of  railroad  in  the  state,  or  when  commission  shall 
receive  information  or  have  reason  to  believe  that  such  rate  or 
rates  are  being  charged,  collected  or  received,  commission  shall 
hear  and  determine  the  matter  as  speedily  as  possible.  It  shall 
give  the  company  or  corporation  complained  of,  not  less  than  ten 
days'  notice  by  letter  mailed  to  an  officer  or  employe  of  said  com- 
pany or  corporation,  stating  the  time  and  place  of  the  hearing 
of  same,  also  the  nature  of  the  complaint  or  matter  to  be  inves- 
tigated, and  shall  hear  such  statements,  argument,  or  evidence 

92a  offered  by  the  parties  as  commission  may  deem  relevant,  and 
should  commission  determine  that  the  company  or  corporation 
is  or  has  been  guilty  of  extortion,  commission  shall  make  and  fix 
a  just  and  reasonable  rate,  toll,  or  compensation  which  said  rail- 
road company  or  corporation  may  charge,  collect  or  receive  for 
like  services  thereafter  rendered.  The  rate,  toll,  or  compensa- 
tion so  fixed  by  commission  shall  be  entered  and  be  an  order  on 
the  record  book  of  its  office  and  signed  by  commission,  and  a  copy 
thereof  mailed  to  an  officer,  agent  or  employe  of  the  railroad 
company  or  corporation  affected  thereby,  and  shall  be  in  full  force 
and  effect  at  the  expiration  of  ten  days  thereafter,  and  may  be 
revoked  or  modified  by  an  order  likewise  entered  on  record. 
CarrolVs  Stats,  igog,  sec.  82o{ay. 


MAINE  Any  railroad  corporation  may  establish  and 

collect  for  its  sole  benefit  fares,  tolls,  and  charges  upon  all  passen- 
gers and  property  conveyed  and  transported  on  its  railroad  at 
such  rates  as  may  be  determined  by  the  directors  thereof,  and 
shall  have  a  lien  on  its  freight  therefore;  and  may  from  time  to 
time  by  its  directors  regulate  the  use  of  its  road,  provided,  that 
such  rates  of  fares,  tolls  and  charges  and  regulations  are  at  all 
times  subject  to  alteration  by  the  legislature,  or  by  such  officers 

923  or  persons  that  the  legislature  may  appoint  for  the  purpose,  any- 
thing in  the  charter  of  such  corporation  to  the  contrary  notwith- 
standing; and  provided,  further,  that  upon  what  shall  at  any 
time  be  deemed  by  commission  sufficient  complaint  by  interested 
and  responsible  parties,  that  the  tolls  are  unreasonably  high, 
commission  may  revise  and  establish  them,  after  due  notice  and 
hearing,  for  a  time  not  exceeding  one  year,  but  commission  be- 
fore directing  such  hearing  shall  give  opportunity  to  the  com- 

262 


pany  complained  of  to  reply  to  the  charge.  Rev.  Stats,  igoj, 
ch.  52,  sec.  I. 

MARYLAND  Whenever  commission  shall  be  of  opinion  after 

a  hearing  upon  its  own  motion  or  upon  complaint  made  as  pro- 
vided in  this  act,  that  the  rates,  tolls,  fares  or  charges,  demanded, 
exacted,  charged,  or  collected,  by  any  common  carrier,  railroad 
or  street  railroad,  railroad  or  street  railroad  corporation  or  other 
corporations  for  the  transportation  of  persons,  freight  or  property, 
within  the  state,  or  that  the  regulations  or  practices  of  such 
common  carrier  or  corporation  affecting  such  rates,   tolls,   01 

924  services  are  unjust,  unreasonable,  unjustly  discriminating  or 
undtdy  preferential  or  in  anywise  in  violation  of  any  provision  of 
law,  commission  shall  determine  the  just  and  reasonable  rates, 
tolls,  fares  and  charges,  to  be  thereafter  observed,  and  enforced 
as  the  maximum  to  be  charged  for  the  service  to  be  performed 
and  shall  fix  the  same  by  order  to  be  served  upon  all  common 
carriers  or  other  corporations  by  whom  such  rates,  fares  and 
charges,  are  thereafter  to  be  observed.  Laws  igio,  ch.  180, 
sec.  2 J. 

Upon  the  complaint  in  writing  of  the  mayor  or  chief  execu- 
tive official,  or  officials,  of  a  mimicipality  or  coimty  in  which  a 
person  or  corporation  is  authorized  to  manufacture,  sell  or  supply 
gas  or  electricity  for  light,  heat  or  power,  or  upon  the  complaint 
in  writing  of  not  less  than  100  customers  or  purchasers  of  such 
gas  or  electricity  either  as  to  the  illuminating  power,  purity, 
pressure  or  price  of  gas  or  the  initial  efficiency  of  the  electric 
incandescent  lamp  supply,  or  the  regulation  of  the  voltage  of  the 
supply  system  used  for  incandescent  lighting,  or  price  of  elec- 
tricity sold  and  delivered  in  such  mimicipality  or  county, 
commission  shall  investigate  as  to  the  cause  for  such  complaint. 

926  When  such  complaint  is  made,  commission  may,  by  its  agents, 
examiners  and  inspectors,  inspect  the  works,  system,  plant  and 
methods  used  by  such  person  or  corporation  in  manufacturing, 
transmitting  and  supplying  such  gas  or  electricity,  and  may 
examine  or  cause  to  be  examined  the  books  and  papers  of  such 
person  or  corporation  pertaining  to  the  manufacture,  sale,  trans- 
mitting and  supplying  of  such  gas  and  electricity.  The  form 
and  contents  of  complaints  made  as  provided  in  this  section  shall 
be  prescribed  by  the  commission.  Such  complaints  shall  be 
signed  by  the  officers,  or  by  the  customers,  purchasers  or  sub- 
scribers making  them,  who  must  add  to  their  signatures  their 
places  of  residence,  by  street  and  ntimber,  if  any.     Same,  sec.  36. 

263 


Before  proceeding  under  a  complaint  presented  as  provided 
in  this  act,  commission  shall  cause  notice  of  such  complaint  and 
the  purpose  thereof  to  be  served  upon  the  person  or  corporation 

926  affected  thereby.  Such  person  or  corporation  shall  have  oppor- 
tunity to  be  heard  in  respect  to  the  matters  complained  of  at  a 
time  and  place  to  be  specified  in  such  notice.     Same,  sec.  37. 

If  an  investigation  be  instituted  upon  motion  of  commission, 
the  person  or  corporation  affected  by  the  investigation  may  be 

927  permitted  to  appear  before  commission  at  a  time  and  place  speci- 
fied in  the  notice  and  answer  all  charges  which  may  be  preferred 
by  commission.     Same. 

After  a  hearing  and  after  such  investigations  as  may  have 
been  made  by  commission,  or  its  officers,  agents,  examiners  or 
inspectors,  commission  may  by  order  fix  the  maximimi  price  ac- 
cording to  law  of  gas  and  electricity  to  be  charged  by  such  cor- 

928  poration  or  person,  or  may  order  such  improvement  in  the  man- 
ufacture or  supply  of  gas,  in  the  manufacture,  transmission  or 
supply  of  electricity,  or  in  the  methods  employed  by  such  person 
or  corporation  as  will  in  its  judgment,  justly  and  lawfully  im- 
prove the  service.     Same. 

If  it  be  alleged  and  established  in  an  action  brought  in  any 
court  for  the  collection  of  any  charge  for  gas  or  electricity,  that 
a  price  has  been  demanded  in  excess  of  that  fixed  by  commission, 

929  or  by  law  in  the  municipality  or  coimty  wherein  the  action  arose, 
no  recovery  shall  be  had  therein,  but  the  fact  that  such  excessive 
charges  have  been  made  shall  be  a  complete  defense  to  such 
action.    Same,  sec.  38. 

MASSACHUSETTS  Upon  complaint  in  writing  of  the  mayor  of  a 
city  or  the  selectmen  of  a  town  in  which  a  corporation  or  company 
engaged  in  the  manufacture  or  the  sale  of  gas  or  electricity  for 
light  or  heat  is  located,  or  of  20  customers  thereof  either  of  the 
quality  or  price  of  gas  or  electric  light  sold  and  delivered,  com- 
mission shall  notify  the  corporation  or  company  by  leaving  at 
its  office  a  copy  of  such  complaint  and  shall  thereupon,  after  no- 

980  tice  give  a  public  hearing  to  such  petitioner  and  such  corporation 
or  company,  and  after  said  hearing  may  order  any  reduction  in 
the  price  of  gas  or  electric  light  or  improvement  in  the  quality 
thereof,  and  the  report  of  such  proceedings  and  the  result  thereof 
shall  be  included  in  its  annual  report.  The  maximum  price 
fixed  by  such  order  shall  not  thereafter  be  increased  by  such  cor- 
poration or  company  except  as  provided  for  in  the  following  sec- 
tion.    Rev.  Laws  igo2,  ch.  121,  sec.  34.^ 

1  See  footnote  i,  par.  276.    See  also  footnote,  par.  931. 

264 


A  gas.company  in  the  state  which  furnishes  gas  under  the  pro- 
visions of  general  or  special  laws,  or  of  any  contract  with  a  city  or 
town  and  the  gas  or  electric  light  company  which  is  engaged  in 
the  sale  and  delivery  of  electric  light,  may  appl}^'  to  commission 
to  fix  and  determine  the  price  of  gas  or  electricity  to  be  thereafter 
sold  and  delivered  by  the  said  company,  or  to  revise  any  formei* 

931  order  or  action  of  commission  relative  to  the  quality  or  price 
thereof.  Commission  shall,  after  notice,  give  a  public  hearing 
to  the  petitioner,  to  the  city  or  town  and  to  all  other  persons 
interested,  and  thereafter  may  pass  such  orders  relative  to  the 
price  and  quality  of  the  gas  or  electricity  thereafter  to  be  furnished 
by  said  company,  as  it  determines  are  just  and  reasonable. 
Same,  sec.  jj.^  ^ 

Whenever  commission  shall  be  of  opinion  after  a  hearing  had 
upon  its  own  motion  or  upon  complaint,  that  the  rates,  fares  or 
charges  or  any  of  them,  demanded,  exacted,  charged  or  collected 
by  any  person,  firm,  association,  company  or  corporation  for  the 
transportation  of  persons  or  property  within  the  state  or  the 
regtdations  or  practices  of  such  carrier  affecting  such  rates  are 
unjust,  unreasonable,  unjustly  discriminatory  or  unduly  prefer- 

932  ential  or  in  anywise  in  violation  of  any  provision  of  law,  or  that 
the  rates,  fares  or  charges  or  any  of  them  chargeable  by  any  such 
carrier  are  insufficient  to  yield  reasonable  compensation  for  the 
service  rendered,  and  are  unjust  and  unreasonable,  commission 
with  due  regard  among  other  things  to  a  reasonable  return  upon 
the  value  of  the  carrier's  property,  shall  determine  just  and  rea- 
sonable rates,  fares  and  charges  to  be  charged  for  the  service 
to  be  performed  and  shall  recommend  the  same  by  order  to  be 
served  upon  such  carrier.     Acts  igii,  ch.  yj^,  sec.  i. 

933  Rates  and  facilities  fixed  and  determined  by  statute  shall 
not  be  revised  or  regulated  by  commission.     Same,  sec.  3. 

934  Commission  shall  have  all  powers  necessary  or  proper  to 
enable  it  to  carry  out  the  provisions  of  this  act.    Same,  sec.  4. 

MICHIGAN  Upon  complaint  in  writing  by  any  city,  village 

or  township,  by  its  duly  constituted  common  or  village  council 
or  township  board,  or  other  duly  constituted  authority  of  such 
city,  village  or  township,  relative  to  the  price  of  electricity  sold 

935  and  delivered  in  such  municipality,  commission  shall  investigate 

1  The  provisions  of  sections  34  and  35  of  chapter  121  of  the  revised  laws,  so  far  as  they 
relate  to  the  fixing  of  the  price  of  gas,  shall  not  hereafter  apply  to  the  Boston  Consolidated 
Gas  Company.  But  nothing  herein  shall  be  construed  as  affecting  any  right  or  liability 
which  may  arise  under  chapter  34  of  the  revised  laws,  or  acts  in  amendment  thereof  or  in 
addition  thereto,  or  under  any  other  acts  not  inconsistent  herewith.  Acts  1906,  ch.  42^, 
^ec.  JO. 

265 


such  complaint  and  may  by  its  agents,  examiners  and  inspectors, 
inspect  the  system  and  method  used  in  transmitting  and  sup- 
plying electricity,  and  examine  or  cause  to  be  examined  the 
books  and  papers  of  such  person,  firm  or  corporation  pertaining 
thereto.     Puh.  Acts  igog,  no.  io6,  sec.  y. 

Commission  shall  cause  notices  of  such  complaint  with  a 
copy  thereof,  to  be  served  on  the  corporation  affected  thereby 

936  who  shall  have  a  right  to  be  heard  in  respect  to  the  matter  com- 
plained of  at  a  convenient  time. and  place  to  be  fixed  in  such 
notice.     Same. 

After  such  investigation  and  hearing,  commission  within 
lawful  limits  may  by  order  fix  the  maximum  price  of  electricity 
to  be  charged  by  such  corporation,  and  the  price  so  fixed,  of  which 

937  such  corporation  shall  have  notice,  shall  be  the  maximimi  price 
,  in  such  municipality  until  commission  shall  upon  like  complaint 

or  Upon  the  complaint  of  the  person,  firm  or  corporation  engaged 
in  furnishing  such  electricity,  again  fix  the  maximum  price  to  be 
charged  therefor.     Same. 

Commission  shall  in  no  case  have  power  to  change  or  alter 

938  the  price  for  electricity  fixed  in  or  regulated  by  or  under  am^ 
franchise  heretofore  or  hereafter  granted  by  any  city,  village 
or  township.     Same. 

The  provisions  of  the  act  governing  hearings  before  commis- 

939  sion  as  to  rates  of  transportation  of  freight  by  railroads  shall  so 
far  as  applicable  govern  the  hearings  before  commission  herein 
provided  for.     Same. 

Upon  complaint  in  writing  of  any  person,  firm  or  corpora- 
tion or  association  or  of  any  mercantile,  agricultural  or  manufac- 
turing society  or  body  politic  or  municipal  organization,  that  any 
of  the  rates,  fares,  charges  or  classifications  or  any  joint  rate  or 
rates  are  in  any  respect  unreasonable  or  unjustly  discriminatory, 
or  that  any  regulation  or  practice  whatsoever  affecting  the  trans- 

940  portation  of  persons  or  property  or  any  service  in  connection 
therewith  is  in  any  respect  unreasonable  or  unjustly  discrim- 
inatory or  that  any  service  is  inadequate,  commission  shall  notify 
the  common  carrier  complained  of  that  complaint  has  been  made 
and  shall  furnish  a  copy  of  said  complaint  with  said  notice  and 
2o  days  after  such  notice  has  been  given  commission  may  pro- 
ceed to  investigate  the  same  as  provided  by  law.  Puh.  Acts  igog, 
no.  joo,  sec.  22(a). 

Before  proceeding  to  make  the  investigation  commission 
shall  give  the  said  common  carrier  and  the  complainants  at  least 

266 


ten  days' notice  of  the  time  and  place  when  and  where  such  matters 

941  will  be  considered  and  determined,  and  said  parties  shall  be  en- 
titled to  be  heard  and  shall  have  process  to  enforce  the  attendance 
of  witnesses.  Such  hearings  may  be  continued  from  time  to  time 
in  the  discretion  of  commission.     Same. 

If  upon  such  investigation  the  rate  or  rates,  joint  rate  or  rates, 
fares,  charges  or  classifications,  regulation,  practice  or  service 
complained  of  shall  be  found  to  be  unreasonable,  inadequate  or 
imjustly  discriminatory,  commission  shall  determine  and  by  order 
fix  and  order  substituted  therefor  such  rate  or  rates,  joint  rate  or 
rates,  fares  and  charges  as  is  or  are  just  and  reasonable  and  which 
shall  be  the  maximimi  to  be  charged  in  the  future,  and  such  classi- 
fications, regulation,  practice  or  service  as  is  or  are  just,  reasona- 

942  ble  and  adequate,  and  which  shall  be  imposed  and  followed  or 
service  rendered  in  futvire  in  lieu  of  that  found  to  be  unreasonable, 
inadequate  or  unjustly  discriminatory,  and  in  either  case  com- 
mission shall  make  an  order  that  the  common  carrier  cease  and 
desist  from  such  violation  and  shall  conform  to  the  regulation 
and  practice  so  prescribed,  and  it  shall  cause  a  certified  copy  of 
each  such  order  to  be  delivered  to  an  officer  or  station  agent  of 
the  common  carrier  affected  thereby,  which  order  shall  of  its  own 
force  take  effect  and  become  operative  20  days  after  the  service 
thereof.     Same. 

All  common  carriers  to  which  the  order  applies  shall  on  or 
before  the  date  the  order  becomes  effective  make  such  changes  in 
schediiles  on  file  as  shall  be  necessary  to  make  the  same  conform  to 

943  such  order,  and  no  change  shall  within  two  years  thereafter  be 
made  by  any  such  common  carrier  in  any  such  rates,  fares  or 
charges  or  in  any  such  joint  rate  or  rates  without  the  approval 
of  commission.     Same. 

944  Also  provisions  for  common  carriers  identical  with  pars. 
891,  897.    Same,  sees.  22(a),  22(b). 

Whenever  commission  shall  believe  that  any  rate  or  rates  or 
charges  may  be  unreasonable  or  imjustly  discriminatory,  or  that 
any  service  is  inadequate,  and  that  any  investigation  relating 
thereto  should  be  made,  it  may,  upon  its  own  motion,  investigate 
the  same.  Before  making  such  investigation,  it  shall  present  to 
946  the  common  carrier  a  statement  in  writing,  setting  forth  the  rate 
or  charge  to  be  investigated.  Thereafter,  on  ten  days'  notice  to 
the  common  carrier  of  the  time  and  place  of  such  investigation, 
commission  may  proceed  to  investigate  such  rate  or  charge  in  the 
same  manner  and  make  like  orders  in  respect  thereto  as  if  such 
investigation  had  been  made  upon  complaint.     Same,  sec.  22(c), 

267 


946  Also  a  provision  for  common  carriers  identical  with  par. 
894.    Same,  sec.  22(d). 

A  full  and  complete  record  shall  be  kept  of  all  proceedings 

947  had  before  commission  on  any  investigation  had  under  section  2  2 
of  this  act  and  aU  testimony  shall  be  taken  down  by  a  stenog- 
rapher appointed  by  commission.     Same,  sec.  2j{d). 

Commission  shall  have  control  and  supervision  over  all  ex- 
press companies  and  upon  complaint  made  to  it  or  upon  its  own 
motion  and  after  hearing  had  thereon  in  accordance  with  the 
rulesnow  in  force  relative  to  hearings  on  complaints  by  and  against 
common  carriers  may  from  time  to  time  within  its  discretion 

948  change,  alter  and  amend  the  maximum  schedule  of  rates  herein- 
before set  forth,  and  may  from  time  to  time  upon  proper  applica- 
tion or  upon  its  own  motion  and  hearing  had  thereon,  as  above 
prescribed,  change,  alter  and  amend  any  graduated  table  or 
schedule  of  charges  on  merchandise  or  other  property  trans- 
ported or  to  be  transported,  the  weight  of  which  is  less  than  100 
pounds.     Pub.  Acts  igii,  no.  ijg,  sec.  25(f).  ^ 

See  also  pars.  802,  803,  804. 

MINNESOTA  Upon  the  verified  complaint  of  any  person  or 

of  any  corporation,  private  or  municipal,  that  any  tariff  of  rates, 
fares  or  charges  or  any  part  thereof  or  of  any  classification  is 

949  unequal  or  unreasonable,  commission  shall  proceed  to  investigate 
the  matters  alleged  in  such  complaint,  and  for  the  purposes  of 
such  investigation  it  may  require  the  attendance  of  witnesses 
and  the  production  of  books,  papers  and  documents.  Rev.  Laws 
1905,  sec.  1969. 

If  upon  the  hearing  such  tariff  of  rates,  fares  or  charges  or 
any  part  thereof  or  of  such  classification  is  found  to  be  imequal 

950  or  unreasonable,  commission  shaU  make  an  order  stating  wherein 
the  same  are  unequal  or  unreasonable  and  shall  make  a  tariff  of 
rates,  fares,  charges  and  classification  which  shall  be  substituted 
for  the  tariff  so  complained  of.     Same. 

Commission  shall  also  on  its  own  motion  investigate  any 

matter  relating  to  the  management  by  any  carrier  or  warehouse- 

961    man  of  its  business  or  the  reasonableness  of  any  or  all  rates, 

fares,  charges,  rules,  regulations  or  classifications  whenever  in  its 

judgment  public  interest  requires  it.     Same,  sec.  1970. 

If  any  such  rates,  schedule  of  rates,  fares,  charges,  rules, 
classification  or  regulations  are  found  unreasonable  or  discrim- 
inatory, commission  shall  find  what  is  reasonable  under  the  cir- 
cumstances and  may  make  an  entire  new  schedule  and  adjust- 

268 


ment  of  any  or  all  rates,  schedule  of  rates,  fares,  charges,  rules, 

952  regulations  or  classifications  under  consideration  in  such  inves- 
tigation, and  its  order  shall  fix  the  date  when  such  rates,  sched- 
ule of  rates,  fares,  charges,  rules,  regtdations  and  classifications 
shall  go  into  effect.  Before  making  any  order  under  the  pro- 
visions of  this  section  the  carrier  shall  have  an  opportiinity  to  be 
heard  upon  such  notice  as  commission  shall  deem  reasonable. 
Same. 

The  schedules  of  rates  and  charges  for  the  transportation  of 
freight  and  cars,  together  with  the  classification  of  such  freights, 
minimum  weights  and  rules  now  in  effect,  and  all  rates,  charges 

953  and  classifications  published  by  any  common  carrier  after  the 
passage  of  this  act  shall  be  deemed  just  and  reasonable,  and  shall 
not  be  changed  except  upon  the  order  of  or  by  the  written  con- 
sent-of  commission.^  The  terms  of  this  act  shall  also  apply  to 
all  schedules  of  rates  and  charges  published  by  two  or  more 
common  carriers  jointly.     Laws  igoj,  ch.  iy6,  sec.  j. 

Any  common  carrier  desiring  to  change  or  discontinue  any 
published  rate,  charge  or  classification,  minimimi  weight  or  rule 
governing  the  same  to  which  it  is  a  party,  shall  make  application 
to  the  commission  in  writing,  stating  the  changes  in  rules,  rates, 
charges  or  classifications  desired,  giving  the  reasons  for  such 
change.     Upon  receiving  such  application  the  commission  shall 

954  fix  a  time  and  place  for  hearing,  and  give  such  notice  to  interested 
parties  as  it  shall  deem  proper  and  reasonable,  and  after  hearing 
all  the  evidence  offered,  if  the  commission  find  that  it  is  reason- 
able, fair  and  just  to  both  shippers  and  carriers  that  the  change 
should  be  allowed  as  asked  for,  it  shall  grant  the  application; 
otherwise  it  shall  deny  the  same,  or  may  grant  the  same  in  a  modi- 
fied form.  Passenger  rates  are  not  affected  by  this  act.  Same, 
sec.  5. 

Any  common  carrier  violating  any  of  the  provisions  of  sec- 
tions 2,  3  and  5  of  this  act  shall  be  subject  to  a  penalty  of  $100 

955  for  each  and  every  day  such  violation  shall  continue,  to  be  recov- 
ered in  a  civil  action  in  the  name  of  the  state  by  the  attorney 
general.    Same,  sec.  7. 

Whenever,  in  a  proceeding  regularly  pending  before  commis- 
sion, it  shall  be  made  to  appear  to  the  satisfaction  of  commission 
that  the  rates  herein  prescribed  are  unreasonable,  it  may  by 

1  All  common  carriers  shall  have  the  right  in  the  first  instance  to  prescribe  and  pub- 
lish, as  required  by  law,  all  classifications  and  tariflEs,  rates  and  charges,  together  with 
rules  governing  the  same,  including  minimum  weights  for  the  transportation  of  any  freight 
articles  between  points  or  stations  in  the  state;  this  act  shall  include  all  terminal  and 
switching  charges.  There  shall  be  but  one  classification,  which  shall  be  uniform  on  all 
the  railroads  in  the  state  and  shall  govern  in  all  state  commerce.  Laws  1905,  ch.  176, 
sec.  I. 

269 


order  fix  higher  or  lower  rates  for  the  transportation  of  any  of  the 
commodities  herein  mentioned  over  the  Hne  of  any  railroad  in  the 

956  state,  and  such  rates,  when  so  fixed,  shall  supersede  the  rates 
herein  prescribed  upon  said  line  of  railroad,  and  shall  be  enforced 
as  prescribed  by  the  law  relating  to  such  orders,  but  until  such 
order  shall  have  been  made  by  commission  the  rates  herein  pre- 
scribed shall  be  the  exclusive  legal  maximum  rates  for  the  trans- 
portation of  the  commodities  herein  enumerated  between  points 
within  the  state.    Laws  igog,  ch.  ij6,  sec.  5.^ 

Every  railroad  company  transacting  the  business  of  a  com- 
mon carrier  within  the  state  shall  adopt  and  publish  and  put 
into  effect  rates  not  exceeding  the  charges  specified  herein  for 
the  transportation  by  it  between  stations  upon  its  line  of  road 
in  the  state  of  the  commodities  named  in  this  act;    and  every 

967  officer,  director,  traffic  manager  or  agent  or  employe  of  such 
railroad  company,  exercising  any  authority  or  being  charged 
with  any  duty  in  establishing  freight  rates  for  such  railroad 
company,  shall  cause  the  adoption,  publication  and  use  by  such 
railroad  company  of  rates  not  exceeding  those  specified  in  this 
act.    Same,  sec.  6.^ 

If,  at  the  time  of  the  taking  effect  of  this  act,  any  railroad 
is  maintaining  a  rate  between  any  two  stations  in  this  state  that 

958  is  less  than  the  rate  prescribed  for  the  same  distance,  this  act 
shall  not  be  construed  as  authorizing  the  raising  of  such  rate. 
Same,  sec.  7.^ 

In  any  proceedings  pending  before  commission  involving 
the  reasonableness  of  express  rates,  where  commission  deem  it 
necessary  to  inquire  into  the  reasonableness  of  the  charges  of  the 
railroad  company  for  carrying  the  cars  or  the  business  of  said 
express  company  over  its  lines  of  road,  commission  may  cite  such 

959  railroad  company  to  appear  and  become  a  party  to  such  proceed- 
ing within  five  days  after  the  service  of  such  citation,  and  in  such 
proceedings  commission  may  find  the  reasonableness  of  the 
amount  paid  by  the  express  company  to  the  railroad  company 
for  the  service  furnished,  and  the  findings  of  commission  shall  be 
prima  facie  evidence  of  the  facts  foimd.  Laws  191 1,  ch.  86, 
sec.  I. 

MISSISSIPPI  Commission  shall  docket,  hear  and  determine 

all  complaints  made  of  any  time  schedule  or  of  the  tariff  of  rates 
joint  or  several  made  by  any  railroad,  or  fixed  or  approved  by 
commission  on  the  ground  that  the  same  in  any  respect  is  in  the 

Maximum  freight  rate  law  of  1909. 

270 


case  of  time  schedules  unnecessary,  inconvenient  for  the  public 
or  in  the  case  of  a  tariff  of  rates  that  the  charges  are  for  more  than 
just  compensation  or  that  such  charges  or  any  of  them  amount  to 
or  operate  so  as  to  effect  unjust  discrimination.  The  complaint 
must  be  in  writing  and  specify  the  grounds  of  complaint  or  the 
items  in  the  tariff  against  which  complaint  is  made;  and  if  it 
appear  to  commission  that  the  matter  ought  to  be  investigated 

960  commission  shall  forthwith  furnish  to  the  railroad  a  copy  of  the 
complaint  together  with  notice  of  the  time  and  place  of  hearing ; 
and  at  the  time  and  place  named  commission  shall  hear  the 
parties  to  the  controversy  in  person  or  by  counsel  or  both, 
and  such  evidence  as  may  be  offered,  oral  or  in  writing,  and  may 
examine  witnesses  on  oath,  conforming  the  mode  of  proceedings, 
as  nearly  as  may  be  convenient,  to  that  pursued  by  arbitrators, 
giving  such  time  and  latitude  to  each  side,  and  regulating  the 
opening  and  closing  of  any  argument  as  commission  may  consider 
best  adapted  to  arrive  at  the  truth ;  and  when  the  hearing  is  con- 
cluded commission  shall  give  notice  of  any  change  deemed  proper 
by  it  to  be  made  to  the  railroad  and  require  compliance  with  its 
order.     Code  igo6,  sec.  484g. 

MISSOURI  When  complaint  is  made  in  writing,  by  any 

person  having  an  interest  in  the  matter  about  which  complaint 
is  made,  that  any  rate  or  rates  established  by  any  common  carrier 

961  are  unreasonable,  unjust  or  extortionate  or  that  any  of  the  pro- 
visions of  sections  3179  to  3207  have  been  or  are  being  violated 
commission  shall  proceed  at  once  to  investigate  such  complaint 
and  determine  the  truth  of  the  same.    Rev.  Stats,  iqoq,  sec.  3194. 

And  for  that  purpose  commission  may  summon  witnesses 
and  require  the  production  of  any  necessary  books,  papers  or 
written  documents  in  possession  of  the  common  carrier  complained 

962  of,  and  to  this  end  written  or  printed  commtmications,  signed  by 
any  one  of  commissioners  and  attested  by  the  secretary  of  such 
commission,  imder  seal  and  sent  by  registered  letter  through  the 
m^il  or  delivered  personally  to  the  person  addressed,  shall  be 
deemed  a  sufficient  service.     Same. 

963  Witnesses  so  summoned  by  commission  shall  be  entitled  to 
the  same  fees  as  are  allowed  in  circuit  courts  in  civil  cases.     Same. 

In  case  of  the  failure  or  refusal  of  any  person  or  persons  so 
summoned  to  attend  and  testify  at  the  time  and  place  specified 
in  said  svunmons,  or  to  produce  any  designated  books,  papers  or 
documents  required  or  called  for,  as  provided  in  this  section,  such 
person  or  persons  failing  shall  be  deemed  guilty  of  contempt,  and 

271 


964  commission  may  impose  such  penalties  as  the  circuit  court  of  the 
state  may  impose  for  like  offenses;  and  if  any  common  carrier, 
or  any  officer,  agent  or  servant  thereof,  shall  wilfully  or  knowingly 
obstruct  or  prevent  commission  from  making  such  investigations 
as  are  authorized  by  said  sections,  they  shall  be  deemed  guilty  of  a 
misdemeanor  and  on  conviction  thereof,  may  be  pimished  by 
fine  not  exceeding  $500.     Same. 

For  the  purpose  of  conducting  such  examination,  commis- 
sioners, or  any  of  them,  may  administer  oaths  or  affirmations, 
and  they  shall  prescribe  such  rules  and  regulations  for  the  con- 

965  duct  of  such  investigation  as  they  may  deem  best  to  enable  them 
to  arrive  at  the  facts,  but  in  every  case  a  full  and  fair  hearing 
shall  be  accorded  to  all  parties  having  an  interest  in  such  case. 
Same. 

Commission  may  institute  any  inquiry  on  its  own  motion  in 

966  the  same  manner  and  to  the  same  effect  as  though  complaint  had 
been  made.  No  complaint  shall  at  any  time  be  dismissed  be- 
cause of  the  absence  of  direct  damage  to  the  complainant.    Same. 

When  the  complaint  specified  in  section  3194  shall  allege 
that  imreasonable  charges  are  made  by  any  such  common  carrier 
or  carriers  for  the  transportation  of  any  freight  thereby,  or  that 
the  rates  specified  upon  the  schedule  or  schedules  of  rates  made  by 
such  common  carrier  or  carriers,  in  obedience  to  the  provisions 
of  said  sections,  are  unjust,  imreasonable  or  extortionate,  com- 
mission shall,  if  in  its  opinion  the  facts  alleged  present  a  just 
cause  of  complaint,  and  if  upon  hearing  there  appears  to  commis- 
sion to  be  reasonable  groimds  for  believing  that  the  facts  so  al- 
leged are  true,  and  if  in  the  opinion  of  commission  the  public 
good  will  be  promoted  by  an  examination  thereof,  give  notice  in 
writing  to  the  common  carrier  or  carriers  against  which  such 
complaint  shall  have  been  made  of  the  fact  and  nature  thereof, 

967  and  shall  specify  in  such  notice  the  charges  by  it  made,  and  the 
rates  specified  upon  its  schediiles  which  are  alleged  to  be  unjust, 
tinreasonable  or  extortionate.  Such  notice  shall  be  attested 
by  the  secretary  of  commission,  under  the  seal  thereof,  and  shall 
be  served  upon  such  common  carrier  or  carriers  against  which 
such  complaint  is  made,  by  delivering  a  copy  thereof  at  the  gen- 
eral office  of  such  common  carrier  or  carriers,  to  any  person  in 
charge  thereof,  or  to  any  agent  thereof  at  any  depot  or  station 
thereof,  or  on  which  such  common  carrier  or  carriers  operate,  by 
any  messenger  appointed  by  commission  who  would  be  a  com- 
petent witness  in  a  suit  at  law  in  the  state,  or  by  any  officer 

272 


authorized  to  serve  process,  or  by  sending  the  same  by  registered 
letter  to  such  common  carrier  or  carriers  at  such  general  office, 
or  to  any  such  agent  having  charge  of  such  depot  or  station  as 
aforesaid.     Same,  sec.  3198. 

If  such  common  carrier  or  carriers  shall  not  within  ten  days 
after  the  service  of  such  notice  change  or  modify  such  charges  or 
rates  specified  in  such  notice  in  a  manner  and  to  an  extent  satis- 
factory to  commission,  then  commission  may  proceed  to  examine 
and  investigate  the  matters  alleged  in  said  complaint  and  for  that 

968  purpose  may  give  notice  to  the  parties  making  and  against  whom 
is  made  such  complaint — said  notice  to  be  served  as  provided  for 
the  service  of  notices  as  aforesaid,  wherein  it  shall  require  such 
common  carrier  or  carriers  to  show  cause  before  commission  at 
any  place  within  the  state  in  said  notice  specified  and  upon  a  date 
not  less  than  ten  days  after  the  service  thereof,  why  said  charges 
or  rates  should  not  be  modified  or  changed.     Same,  sec.  jipg. 

Commission  may  of  its  own  volition  and  shall  upon  the 
sworn  complaint  of  any  shipper,  mayor,  coimcilman,  alderman 
or  trustee  of  any  city,  town  or  village,  first  giving  five  days' 
written  notice  to  the  railroad  company  affected  or  complained 
against,  proceed  to  fix,  establish,  modify  or  reduce  the  freight 
rates  or  charges  of  any  such  road  from,  to  or  between  any  and  all 
points  or  stations  in  the  state;  and  any  and  all  orders  fixing, 
establishing,  modifying  or  reducing  any  such  freight  rates  or 

969  charges  shall  be  the  judgment  of  commission  and  constitute  the 
legal  rates  or  charges  such  railroad  company  may  collect  for  the 
transportation  of  freight  from,  to  or  between  its  stations  in  the 
state;  and  commission  shall  immediately  upon  the  fixing,  establish- 
ing, modifying  or  reducing  of  freight  rates  or  charges  of  any 
railroad  company,  notify  such  railroad  in  writing  thereof;  and 
said  railroad  shall  comply  with  the  orders  and  judgments  of 
commission  with  reference  to  such  freight  rates  or  charges  with- 
in ten  days  after  such  notice.     Same,  sec.  3251. 

And  if  any  railroad  fails  or  refuses  or  neglects  to  put  the 
rates  so  ordered  by  commission  into  effect  and  operation  within 
ten  days  after  notice,  commission  shall  submit  a  certified  copy 
of  its  order  to  the  attorney  general  of  the  state  with  notice  that 

970  such  railroad  (designating  the  same)  has  failed  to  comply  there- 
with. Arid  the  attorney  general  upon  the  receipt  thereof  shall 
immediately  institute  suit  in  the  name  of  commission  against 
such  railroad  in  the  supreme  court  of  the  state  by  mandamus  or 
other  proper  remedy  to  enforce  said  order  of  comniission.     Same. 

273 


Any  individual,  company  or  corporation  owning,  operating, 
managing  or  leasing  any  railroad  or  part  of  any  railroad  in  the 
state  shall  be  bound  by  the  decision  of  commission  with  reference 
to  the  rates  fixed  by  commission,  and  every  violation  by  any 
individual,  company  or  corporation  charging  a  greater  or  higher 
rate  shall  be  deemed  a  misdemeanor  and  on  conviction  thereof 
shall  forfeit  and  pay  a  fine  of  not  less  than  $20  nor  more  than  $200 
for  each  and  every  offense;  and  the  injured  party  shall  have  a 
right  of  action  against  said  individual,  company  or  corporation 
before  any  court  of  competent  jurisdiction  in  the  state;  and  he 
shall  be  entitled  to  recover  three  times  the  amount  taken  or  de- 

971  manded  in  excess  of  the  rates  prescribed  by  this  article  or  by  com- 
mission acting  under  the  provisions  of  this  article;  but  nothing 
herein  contained  shall  be  so  construed  as  in  any  manner  to 
abridge  or  control  or  in  any  way  authorize  commission  to 
abridge  or  control  or  regulate  the  rates  for  freight  or  passengers 
charged  by  any  railroad  company  in  the  state  for  carrying  any 
freight  or  passengers  which  come  from  beyond  the  limits  of  the 
state,  and  to  be  carried  through  or  across  the  state,  but  the  said 
railroad  and  transportation  companies  shall  possess  the  same 
power  and  right  to  charge  such  rates  for  carrying  such  through 
freight  and  passengers  as  they  possessed  before  the  passage  of 
this  article.     Same,  sec.  ^260. 

NEBRASKA  Commission  may  hear  and  determine  whether 

or  not  the  freight  rate  on  any  article  or  articles  in  the  schedule 
or  classification  of  rates  is  either  so  high  as  to  be  unjust  to  ship- 
pers or  so  low  as  to  be  unremunerative  or  unjust  to  any  common 
carrier  affected  thereby;  and  upon  complaint  in  writing  of  any 
person  or  corporation  affected  thereby  particularly  specifying 

972  the  article  or  articles  upon  which  such  rates  are  either  too  high 
or  too  low  and  the  facts  in  connection  therewith,  commission 
shall  set  such  cause  for  hearing  and  upon  a  trial  thereon  and  a  full 
hearing  after  notice  thereof  shall  either  raise  or  lower  the  rate 
fixed  by  law  upon  such  article  or  articles  to  the  end  that  the 
same  shall  be  just  and  reasonable  to  all  parties  concerned. 
Cobbey^s  Annot.  Stats,  igog,  sec.  106 16. 

When  any  railway  company,  common  carrier  or  any  person 
in  his  own  behalf  or  in  behalf  of  any  class  of  persons  similarly 
situated  or  any  firm,  corporation  or  association  or  any  mercan- 
tile, agricultural  or  manufacturing  society  or  any  body  politic 
or  municipal  organization  shall  make  complaint  to  commission 
that  any  rate  or  rates  fixed  by  commission  in  original  schedule 

274 


or  in  any  subsequent  revised  or  modified  schedule,  or  the  rate 
charged  or  pubHshed  by  any  railroad  company  is  unreasonably 
high  or  low,  unjust  or  discriminating,  commission  shall  imme- 

973  diately  fix  a  day  for  hearing  the  same  and  shall  cause  notice 
thereof  containing  the  substance  of  the  complaint  to  be  served 
upon  the  railroad  company,  common  carrier  or  other  person  or 
persons  hereinbefore  named,  complaining,  and  the  railway  com- 
pany or  common  carrier  complained  of,  and  the  day  and  date 
upon  which  said  hearing  will  be  had  upon  said  complaint;  pro- 
vided, that  said  commission  may  proceed  upon  its  own  motion 
to  have  a  hearing  with  reference  to  revising,  modifying  or  an- 
nulling any  or  all  rates  in  any  schedule  or  schedules  prepared 
by  them  by  notifying  all  persons  interested  therein  or  affected 
thereby  as  hereinbefore  provided.     Same,  sec.  io6j^{a). 

Upon  the  hearing  commission  shall  receive  any  evidence  and 
listen  to  any  arguments  offered  or  presented  by  either  party 
relevant  to  the  matter  under  investigation  and  the  burden  of 
proof  shall  be  upon  the  railroad,  person  or  persons  hereinbefore 
set  forth  making  the  complaint.  The  lowest  rates  published  or 
charged  by  any  railway  company  for  substantially  the  same  kind  of 
service  whether  in  this  or  another  state  shall  when  introduced  in 
evidence  be  accepted  as  prima  facie  evidence  of  a  reasonable  rate 

974  for  the  services  under  investigation,  and  if  the  railway  company 
or  common  carrier  making  complaint  or  the  railway  company 
complained  of  by  the  person  or  persons  hereinbefore  named 
operate  a  line  of  railroad  beyond  the  state,  or  has  a  traffic  ar- 
rangement with  any  other  railroad  company,  the  same  shall  be 
taken  into  consideration  in  determining  what  is  a  reasonable 
rate;  if  it  be  operating  a  line  of  railroad  beyond  the  state  the 
rates  charged  or  established  for  substantially  the  same  or  greater 
service  by  it  in  another  state  may  also  be  considered.  Same,  sec. 
10653Q)). 

After  such  hearing  and  investigation  commission  shall  ren- 
der a  decision  in  the  premises  which  said  decision  shall  affirm, 
revise,  annul  or  modify  any  or  all  rates  complained  of  in  said 
original  schedule  or  any  subsequent  schedule  which  may  be  the 
976  subject  of  investigation,  and  all  rates  between  points  in  the  state 
and  whatever  part  of  the  line  of  railway  of  such  company  or  com- 
mon carrier  within  the  state  as  may  have  been  fairly  within  the 
scope  of  such  investigation;  and  commission  shall  render  its  de- 
cision in  writing  and  shall  spread  the  same  at  length  upon  the 
record  to  be  kept  for  that  purpose.     Same,  sec.  io6^3(c). 

275 


Coimnission  shall  immediately  notify  all  persons  affected 
thereby  of  the  substance  of  its  decision  affirming,  annulling,  revis- 
ing or  modifying  the  rate  or  rates  complained  of  and  shall  spe- 
cifically set  forth  any  rate  or  rates  that  have  been  annulled,  and 

976  any  rate  or  rates  that  have  been  revised  or  modified  in  schedule 
form,  and  the  schediile  of  any  and  all  rates  so  modified  or  re- 
vised on  said  hearing  shall  be  in  force  and  effect  30  days  after 
said  decision  was  mailed  to  the  railroad  company,  common 
carrier,  person  or  persons  or  corporations  affected  thereby.  Same, 
sec.  1 06 j 3(d). 

See  also  par.  3690. 

NEVADA  Provisions  for  railroads  substantially  identical 

977  with  pars.  888,  889,  890,  891.    Stats,  igoy,  ch.  44,  sees.  12,  12(a). 

978  Also  provisions  for  railroads  substantially  identical  with 
pars.  945,  894.    Same,  sees.  12(b),  12(c). 

Also  a  provision  identical  with  par.  947,  except  that  "sec- 

979  tion  22"  reads  "section  12."  Same,  sec.  13(c),  as  amended  by 
Stats,  igog,  ch.  121,  sec.  6. 

Whenever  upon  investigation  made  under  the  provisions  of 
this  act  commission  shall  find  any  existing  rate  or  rates,  fares, 
charges  or  classification  or  any  joint  rate  or  rates,  fares  or  any 
regulation  or  practice  whatsoever  affecting  the  transportation  of 
persons  or  property,  or  any  service  in  connection  therewith,  are 
unreasonable  or  unjustly  discriminatory,  or  any  service  is  inade- 
quate, it  shall  determine  and  by  order  fix  a  reasonable  rate,  fare, 
charge,  classification  or  joint  rate  to  be  imposed,  observed  and 

980  followed  in  the  future  in  lieu  of  that  found  to  be  unreasonable  or 
unjustly  discriminatory,  and  it  shall  determine  and  by  order  fix 
a  reasonable  regulation,  practice  or  service  to  be  imposed,  ob- 
served or  followed  in  the  futiure,  in  lieu  of  that  found  to  be  un- 
reasonable or  unjustly  discriminatory  or  inadequate  as  the  case 
may  be,  and  it  shall  cause  a  certified  copy  of  each  of  such  orders 
to  be  delivered  to  an  officer  or  station  agent  of  the  railroad  affected 
thereby,  which  order  shall  of  its  own  force  take  effect  and  become 
operative  30  days  after  the  service  thereof.  Same,  sec.  14,  as 
amended  by  Stats,  igog,  ch.  121,  sec.  y. 

All  railroads  to  which  the  order  applies  shall  make  such 
changes  in  their  schedule  on  file  as  may  be  necessary  to  make  the 

981  same  conform  to  such  order,  and  no  change  shall  thereafter  be 
made  by  any  railroad  in  any  such  rates,  fares  or  charges  or  in  any 
joint  rate  or  rates  without  the  approval  of  commission.     Same. 

tss  Also  a  provision  for  railroads  identical  with  par.  897.    Same. 

276 


NEW  HAMPSHIRE  Upon  complaint  made  by  the  city  council  or 
city  councils  of  any  city,  or  by  the  mayor  of  any  city,  or  by  the 
selectmen  of  any  town  in  which  a  public  utility  is  authorized  to 
manufacture,  sell  or  supply  gas  or  electricity  for  heat,  light  or 
power,  or  to  supply  water,  or  to  transmit  telephone  or  telegraph 
messages,  or  upon  the  complaint  in  writing  of  not  less  than  loo 
customers  or  subscribers  of  such  public  utility  in  cities  of  30,000 
or  more  inhabitants,  or  of  not  less  than  50  in  cities  of  20,000  or 
more  inhabitants,  or  of  not  less  than  25  in  any  other  city  or 
town,  or  upon  petition  of  a  public  utility  supplying  said  gas, 

983  electricity  or  water,  or  transmitting  such  messages  as  to  the 
quality  of  the  service  furnished  by  such  public  utility,  or  the 
charges  made  therefor,  or  that  such  charges  are  insufficient, 
commission  shall  investigate  as  to  the  cause  for  such  complaint. 
It  may  personally  or  by  its  experts  inspect  the  works,  system, 
plant,  devices,  appliances,  and  methods  used  by  such  public 
utility  in  manufacturing  and  supplying  such  gas,  electricity  or 
water,  or  transmitting  such  messages,  and  may  examine  or  cause 
to  be  examined  the  books  and  papers  of  such  public  utility  pertain- 
ing to  the  service  complained  of.     Laws  1911,  ch.  164,  sec.  io{c). 

Whenever  commission  shall  be  of  opinion  after  a  hear- 
ing had  upon  its  own  motion  or  upon  a  complaint  that  the 
rates,  fares  or  charges  demanded  or  collected,  or  proposed  to  be 
demanded  or  collected,  by  any  railroad  corporation  for  the  trans- 
portation of  persons  or  property  within  the  state  are  unjust  or 
tmreasonable,  or  that  the  regiilation  or  practice  of  such  railroad 
corporation  affecting  such  rates  are  unjust  or  unreasonable,  or 
in  anywise  in  violation  of  any  provision  of  law,  or  that  the  max- 
imum rates,  fares  or  charges  chargeable  by  any  such  railroad 
corporation  are  insufficient,  commission  shall  determine  the  just 

984  and  reasonable  rates,  fares  and  charges  to  be  thereafter  observed, 
and  enforced  as  the  maximitm  to  be  charged  for  the  service  to  be 
performed,  and  shall  fix  the  same  by  order  to  be  served  upon  all 
railroad  corporations  by  which  such  rates,  fares  and  charges  are 
thereafter  to  be  observed;  provided,  however,  that  when  any 
railroad  corporation  shall  seek  the  benefit  of  any  order  of  com- 
mission allowing  said  railroad  corporation  to  charge  and  collect 
rates  higher  than  charged  at  the  time  said  order  is  asked  for, 
the  burden  of  proving  the  necessity  of  the  increase  shall  be  upon 
said  railroad  corporation,  and  provided  further,  that  commission 
shall  not  allow  an  increase  above  any  rate  prescribed  or  linxited 
by  statute.    SamCy  sec.  11  (a). 

277 


Whenever  commission  shall  be  of  the  opinion  after  a  hearing 
had  on  its  own  motion  or  upon  complaint  that  any  public  utility- 
is  demanding  or  collecting  or  proposes  to  demand  or  collect 
charges  unjustly  or  unreasonably  high,  or  upon  petition  that  the 
charges  are  insufficient,  commission  shall  determine  the  just  and 

985  reasonable  charges  and  may  by  order  fix  the  maximum  price  to 
be  charged;  provided,  however,  that  when  any  public  utility 
shall  seek  the  benefit  of  an  order  of  commission  allowing  said 
public  utility  to  demand  and  collect  charges  higher  than  have 
been  before  charged,  or  than  have  been  before  allowed  by  order 
of  commission,  the  burden  of  proving  the  necessity  of  the  in- 
crease shall  be  upon  said  public  utility.     Same,  sec.  ii{c). 

NEW  JERSEY  Commission  may  after  hearing,  upon  notice, 

by  order  in  writing  fix  just  and  reasonable  individual  rates,  joint 
rates,  tolls,  charges  or  schedules  thereof,  as  well  as  commutation, 
mileage,  and  other  special  rates  which  shall  be  imposed,  observed 
and  followed  thereafter  by  any  public  utility,  whenever  com- 

986  mission  shall  determine  any  existing  individual  rate,  joint  rate, 
toll,  charge  or  schedule  thereof  for  commutation,  mileage  or 
other  special  rate  to  be  unjust,  imreasonable,  insufficient  or  im- 
justly  discriminatory  or  preferential.  Laws  1911,  ch.  195,  sec. 
i6{c). 

NEW  MEXICO  See  par.  1354. 

NEW  YORK  Whenever  either  commission  shall  be  of  opin- 

ion after  a  hearing  had  upon  its  own  motion  or  upon  a  complaint 
that  the  rates  or  fares  or  charges  demanded,  exacted,  charged  or 
collected  by  any  common  carrier,  railroad  or  street  railroad  cor- 
poration for  the  transportation  of  persons  or  property  within  the 
state,  or  that  the  regulations  or  practices  of  such  common  car- 
rier, railroad  or  street  railroad  corporation  affecting  such  rates 
are  unjust,  unreasonable,  unjustly  discriminatory  or  imduly  pref- 
erential, or  in  any  wise  in  violation  of  any  provision  of  law,  or 
that  the  maximimi  rates,  fares,  or  charges  chargeable  by  any  such 

987  carrier,  railroad,  or  street  railroad  corporation  are  insufficient  to 
yield  reasonable  compensation  for  the  service  rendered  and  are 
unjust  and  unreasonable,  commission  shall  determine  the  just 
and  reasonable  rates,  fares  and  charges  to  be  thereafter  observed 
and  enforced  as  the  maximum  to  be  charged  for  the  service  to  be 
performed  notwithstanding  that  a  higher  rate,  fare  or  charge  has 
been  heretofore  authorized  by  statute,  and  shall  fix  the  same  by 
order  to  be  served  upon  all  common  carriers,  railroad  or  street 

278 


railroad  corporations,  by  whom  such  rates,  fares  and  charges  are 
thereafter  to  be  observed.     Laws  igio,  ch.  480,  sec.  49(1). 

Whenever  either  commission  shall  be  of  the  opinion  after  a 
hearing  had  upon  its  own  motion  or  upon  a  complaint  that  the 
rates,  fares  or  charges  demanded,  exacted,  charged  or  collected 
by  any  common  carrier,  railroad  or  street  railroad  corporation 
for  excursion,  school  or  family  commutation,  commutation  pas- 
senger tickets,  half  fare  tickets  for  the  transportation  of  children 
under  six  years  of  age,  or  any  other  form  of  reduced  rate  ticket 
for  the  transportation  of  persons  within  the  state,  or  joint  in- 
terchangeable mileage  tickets,  with  special  privileges  as  to  the 
amount  of  free  baggage  that  may  be  carried  under  mileage 
tickets  of  1,000  miles  or  more  within  the  state,  or  that  the  reg- 
ulations or  practices  of  such  common  carrier,  railroad  or  street 
railroad  corporation,  affecting  such  rates  are  unjust,  unreason- 
able, unjustly  discriminatory,  or  unduly  preferential  or  any- 
wise in  violation  of  any  provision  of  law,  or  that  the  maximum 
rates,  fares  or  charges  collected  or  charged  for  any  of  such  forms 
of  reduced  fare  passenger  transportation  tickets  by  any  such  com- 
mon carrier,  railroad  or  street  railroad  corporation,  are  insufficient 
to  yield  reasonable  compensation  for  the  service  rendered,  and 
are  imjust  and  unreasonable,  and  whenever  commission  shall  be 
of  opinion  after  a  hearing  had  upon  its  own  motion  or  upon  a 
complaint  and  upon  investigation  that  the  sale  of  any  form  or 
forms  of  reduced  fare  passenger  ticket  heretofore  sold  or  used 
upon  any  railroad  or  street  railroad  within  the  state,  the  use  or 
sale  of  which  ticket  or  tickets  has  been  discontinued  within  five 
years  prior  to  the  time  this  act  takes  effect,  will  be  just  and 
reasonable  and  not  in  violation  of  any  provision  of  this  act  or 
other  provision  of  law,  commission  shall  determine  the  just  and 
reasonable  rates,  fares  and  charges  to  be  thereafter  observed  and 
enforced  as  the  maximimi  to  be  charged  for  such  mileage,  ex- 
cursion, school  or  family  commutation,  commutation,  half  fare, 
or  any  other  form  of  reduced  rate  tickets  for  the  transportation 
of  persons,  or  joint  interchangeable  mileage  tickets  with  special 
privileges,  as  aforesaid,  and  shall  order  the  sale  and  use  thereof 
to  be  restored  of  any  of  the  kinds  of  tickets  herein  specified,  or 
any  other  form  of  reduced  rate  ticket  for  the  transportation  of 
persons  within  the  state,  upon  any  railroad  or  street  railroad 
within  the  state,  upon  which  railroad  or  street  railroad  any  such 
form  of  ticket  or  tickets  for  the  transportation  of  persons  within 
the  state,  have,  within  five  years  prior  to  the  time  this  act 
takes  effect,  been  sold  or  used,  and  shall  determine  and  pre- 

279 


scribe  the  reasonable  and  just  rates,  fares  and  charges  to  be 
thereafter  observed  and  enforced  as  the  maximimi  to  be  charged 
for  any  of  such  form  of  ticket  or  tickets  for  the  transportation  of 
persons  within  the  state,  all  of  which  acts  fixing  such  rates,  fares 
and  charges  or  requiring  the  restoration  of  sale  and  use  of  any  of 
such  forms  of  ticket  or  tickets,  shall  be  by  order  to  be  served  upon 
all  common  carriers,  railroad  corporations,  street  railroad  corpo- 
rations by  whom  such  rates,  fares  and  charges  or  restoration  of, 
sale  or  use  of,  such  ticket  or  tickets  are  thereafter  to  be  ob- 
served.    Same. 

Whenever  commission  shall  be  of  opinion  after  a  hearing  had 
upon  its  own  motion  or  upon  complaint  that  the  rates  or  charges 
or  the  acts  or  regulations  of  any  gas  or  electrical  corporation  are 
imjust,  unreasonable,  unjustly  discriminatory  or  unduly  pref- 
erential or  in  anywise  in  violation  of  any  provision  of  law,  com- 

989  mission  shall  determine  and  prescribe  the  just  and  reasonable 
rates  and  charges  thereafter  to  be  enforced  for  the  service  to  be 
furnished,  notwithstanding  that  a  higher  rate  or  charge  has  here- 
tofore been  authorized  by  statute,  and  the  just  and  reasonable 
acts  and  regulations  to  be  done  and  observed.  Same,  sec. 
66{5). 

Upon  the  complaint  in  writing  of  the  mayor  of  a  city,  the 
trustees  of  a  village  or  the  town  board  of  a  town  in  which  a  per- 
son or  corporation  is  authorized  to  manufacture,  sell  or  supply 
gas  or  electricity  for  heat,  light  or  power,  or  upon  complaint  in 
writing  of  not  less  than  loo  customers  or  purchasers  of  such  gas 
or  electricity  in  cities  of  the  first  or  second  class,  or  of  not  less 
than  50  in  cities  of  the  third  class,  or  of  not  less  than  25  else- 
where, or  upon  complaint  of  the  gas  and  electrical  corporation 
supplying  said  gas  or  electricity  as  to  the  illuminating  power,  pur- 
ity, pressure  or  price  of  gas  the  efficiency  of  the  electric  incan- 
descent lamp  supply,  the  voltage  of  the  current  supplied  for  light, 
heat,  or  power,  or  price  of  electricity  sold  and  delivered  in  such 

990  municipality,  the  proper  commission  shall  investigate  as  to  the 
cause  of  such  complaint.  When  such  complaint  is  made,  com- 
mission may  by  its  agents,  examiners  and  inspectors  inspect  the 
works,  system,  plant,  devices,  appliances  and  methods  used  by 
such  person  or  corporation  in  manufacturing,  transmitting  and 
supplying  such  gas  or  electricity,  and  may  examine  or  cause  to  be 
examined  the  books  and  papers  of  such  person  or  corporation 
pertaining  to  the  manufacture,  sale,  transmitting  and  supplying 
of  such  gas  or  electricity.    The  form  and  contents  of  complaints 

?89 


made  as  provided  in  this  section  shall  be  prescribed  by  commis- 
sion. Such  complaints  shall  be  signed  by  the  officers  or  by  the 
customers,  purchasers  or  subscribers  making  them,  but  must  add 
to  their  signatures  their  places  of  residence,  by  street  and  number, 
if  any.     Same,  sec.  Ji. 

Also  a  provision  identical  with  par.  926,  except  that  "as 

991  provided  in  this  act"  reads  "as  provided  in  section  71."  Same 
sec.  72. 

An  investigation  may  be  instituted  by  commission  as  to  any 

992  matter  of  which  complaint  may  be  made  as  provided  in  section  71 
of  this  chapter,  or  to  enable  it  to  ascertain  the  facts  requisite  to 
the  exercising  of  any  power  conferred  upon  it.     Same. 

After  a  hearing  and  after  such  investigation  as  shall  have 
been  made  by  commission  or  its  officers,  agents,  examiners  or 
inspectors,  commission  within  lawful  limits  may  by  order  fix  the 
maximimi  price  of  gas  or  electricity  not  exceeding  that  fixed  by 

993  statute  to  be  charged  by  such  corporation  or  person  for  the  serv- 
ice to  be  furnished,  and  may  order  such  improvement  in  the 
manufacture,  distribution  or  supply  of  gas,  in  the  manufacture, 
transmission  or  supply  of  electricity,  or  in  the  methods  employed 
by  such  person  or  corporation  as  will  in  its  judgment  be  ad- 
equate, just  and  reasonable.     Same. 

994  A  provision  substantially  identical  with  par.  929.  Same, 
sec.  75. 

Whenever  commission  shall  be  of  opinion  after  a  hearing  had 
upon  its  own  motion  or  upon  complaint  that  the  rates,  charges, 
tolls  or  rentals  demanded,  exacted,  charged  or  collected  by  any 
telegraph  or  telephone  corporation  for  the  transmission  of  mes- 
sages or  comm-unications  by  'telegraph  or  telephone,  or  for  the 
rental  or  use  of  any  telegraph  lines,  telephone  lines  or  any  tele- 
graph instrument,  wire,  appliances,  apparatus  or  device  or  any 
telephone  receiver,  transmitter,  instrument,  wire,  cable,  appara- 
tus, conduit,  machine,  appliance  or  device  or  any  telephone  ex- 
tension or  extension  system,  or  that  the  rules,  regulations  or  prac- 
tices of  any  telegraph  or  telephone  corporation  affecting  such 
rates,  charges,  rentals  or  service  are  unjust,  unreasonable  or  un- 

995  justly  discriminatory  or  unduly  preferential,  or  in  anywise  in 
violation  of  law,  or  that  the  maximimi  rates,  charges  or  rentals, 
chargeable  by  any  such  telegraph  or  telephone  corporation  are  in- 
sufficient to  yield  reasonable  compensation  for  service  rendered, 
commission  shall  determine  the  just  and  reasonable  rates,  charges 
and  rentals  to  be  thereafter  observed  and  in  force  as  the  maxi- 

281 


mum  to  be  charged,  demanded,  exacted  or  collected  for  the  per- 
formance or  rendering  of  the  service  specified,  and  shall  fix  the 
same  by  order  to  be  served  upon  all  telegraph  and  telephone 
corporations  by  which  such  rates,  charges  and  rentals  are 
thereafter  to  be  observed,  and  thereafter  no  increase  in  any  rate, 
charge  or  rental  so  fixed  shall  be  made  without  the  consent  of  com- 
mission.    Same,  sec.  97{i). 

NORTH  DAKOTA  In  all  cases  where  complaint  shall  be  made  in 
accordance  with  provisions  of  this  article  that  an  unreasonable 
charge  is  made  commission  shall  require  a  modified  charge  for  the 
service  rendered  such  as  it  shall  deem  to  be  reasonable,  and  all 

996  cases  of  failure  to  comply  with  the  recommendation  of  commis- 
sion shall  be  embodied  in  the  report  of  commission  to  the  gover- 
nor; and  the  same  shall  apply  to  any  unjust  discrimination,  extor- 
tion or  overcharge  by  railroad,  railroad  corporation  or  common 
carrier  or  other  violations  of  law.    Rev.  Codes  1905,  sec.  4328. 

Commission  shall,  upon  the  complaint  and  the  application 
of  the  mayor  and  aldermen  of  any  city  or  the  president  or  trustee 
of  any  incorporated  town,  or  the  supervisors  of  any  township, 
make  an  examination  of  the  rate  of  passenger  fare,  express  or 
freight  tariff  charged  by  any  railroad,  railroad  corporation  or 
common  carrier,  and  of  the  condition  or  operation  of  any  railroad 
or  railroad  corporation,  or  common  carrier,  any  part  of  whose 
location  or  route  lies  within  the  limits  of  such  city,  town  or  town- 
ship, or  if  25  or  more  legal  voters  in  any  city,  town  or  township 
shall  by  petition  in  writing  request  the  mayor  and  aldermen  of 
such  city,  president  and  trustee  of  such  town,  or  the  supervisors 
of  such  township,  to  make  said  complaint  and  application,  and 
if  the  said  mayor  and  aldermen,  president  and  trustee  or  super- 
visors refuse  or  decline  to  comply  with  the  prayer  of  the  petition 
they  shall  state  the  reason  for  such  non-compliance  in  writing 

997  upon  the  petition  and  return  the  same  to  the  petitioners,  and 
the  petitioners  may  thereupon  within  ten  days  from  such  re- 
fusal and  return  present  such  petition  to  commission  and  com- 
mission shall  if  upon  due  inquiry  and  hearing  of  the  petitioners 
it  thinks  the  public  good  demands  the  examination,  proceed  to 
make  it  in  the  same  manner  as  if  called  upon  by  the  mayor  and 
aldermen  of  any  city,  the  president  and  trustee  of  any  town,  or 
the  supervisors  of  any  township.  Before  proceeding  to  make 
such  examination,  in  accordance  with  such  application  or  peti- 
tion, commission  shall  give  to  the  petitioners  and  railroad,  rail- 
road corporation  or  common  carrier,  reasonable  notice  in  writing 

282 


of  the  time  and  place  of  entering  upon  the  same.  If,  upon  such 
examination,  it  shall  appear  to  commission  that  the  complaint  al- 
leged by  the  applicant  or  petitioners  is  well  founded  it  shall  so 
adjudge  and  shall  inform  the  corporation  operating  such  rail- 
road, railroad  corporation  or  common  carrier  of  its  adjudication 
within  ten  days  and  shall  also  report  its  doings  to  the  governor 
as  provided  in  section  4363.     Same,  sec.  432Q. 

Whenever  any  person  upon  his  own  behalf  or  class  of  persons 
similarly  situated,  or  any  firm,  corporation  or  association,  or  any 
mercantile,  agricultural  or  manufacturing  society,  or  any  body 
politic,  or  municipal  organization  shall  make  complaint  to  com- 
mission that  the  rate  charged  or  published  by  any  railroad,  rail- 
road corporation  or  common  carrier,  or  the  maximum  rate  fixed 
by  commission  in  the  schedule  of  fares  or  rates  made  by  it  under 
the  provisions  of  section  4343,  or  the  maximum  rate  that  may 
now  or  may  heretofore  be  fixed  is  unreasonably  high  or  dis- 
criminating, commission  shall  immediately  investigate  the  mat- 
998  ter  of  such  complaint.  If  such  colnplaint  appears  to  be  well 
founded  and  not  trivial  in  character,  commission  shall  fix  a  day 
for  hearing  the  same,  and  shall  notify  such  railroad,  railroad  cor- 
poration or  common  carrier  of  the  time  and  place  of  such  hear- 
ing by  serving  a  notice  properly  directed  on  any  division  super- 
intendent, general  or  assistant  superintendent,  general  manager, 
president,  secretary  or  agent  of  such  railroad,  railroad  corpora- 
tion or  common  carrier,  which  notice  shall  contain  the  substance 
of  the  complaint  so  made,  and  commission  shall  also  notify  the 
person  or  persons  complaining  of  such  time  and  place.  Same, 
sec.  4344. 

Upon  hearing  provided  for  commission  shall  receive  what- 
ever evidence,  statements  or  arguments  either  party  may  offer 
pertinent  to  the  matter  under  investigation;  and  the  burden  of 
proof  shall  not  be  held  to  be  upon  the  person  or  persons  making 
the  complaint,  but  commission  shall  add  to  the  showing  made  at 
such  hearing  whatever  information  it  may  then  have,  or  can 
secure  from  any  source  whatsoever,  and  the  person  or  persons 
complaining  shall  be  entitled  to  introduce  any  published  schedule 
of  rates  of  any  railroad,  railroad  corporation  or  common  carrier  or 
evidence  of  rates  actually  charged  by  any  railroad,  railroad  cor- 
poration or  common  carrier  for  substantially  the  same  kind  of 
service,  whether  in  this  or  in  any  other  state,  and  the  lowest 
rate  published  or  charged  by  any  railroad,  railroad  corporation 
or  common  carrier  for  substantially  the  same  kind  of  service, 

283 


whether  in  this  state  or  in  any  other  state,  shall,  at  the  instance 
of  the  person  or  persons  complaining,  be  accepted  as  prima 

999  facie  evidence  of  a  reasonable  rate  for  the  services  under  in- 
vestigation, and  if  the  railroad,  railroad  corporation  or  common 
carrier  complained  of  is  operating  a  line  of  railroad  beyond  the 
state,  or  if  it  appears  that  it  has  a  traffic  arrangement  with  any 
such  railroad,  railroad  corporation  or  common  carrier,  then 
commission  in  determining  what  is  a  reasonable  rate,  shall  take 
into  consideration  the  charge  made  or  rate  established  by  said 
railroad,  railroad  corporation  or  common  carrier,  or  the  company 
with  which  it  has  traffic  arrangements  for  carrying  freight,  pas- 
sengers or  property  from  beyond  the  state  to  points  within  the 
state  and  from  within  the  state  to  points  beyond  the  state;  and 
if  such  company  be  operating  a  line  of  railway  beyond  the  state 
it  shall  also  take  into  consideration  the  rate  charged  or  estab- 
lished for  a  substantially  similar  or  greater  service  by  such  com- 
pany in  any  other  state  in  which  said  railroad,  railroad  corpora- 
tion or  common  carrier  operates  a  line  of  railway.     Same,  sec. 

4345- 

Also  a  provision  for  railroads,  railroad  corporations  and  com- 

1000  mon  carriers  substantially  identical  with  par.  911,  except  that 
''which  charge  shall  in  no  event  exceed  the  one  now  or  hereafter 
fixed  by  law"  is  omitted.    Same,  sec.  4346. 

See  also  par.  2^g6. 

OHIO  Provisions  for  railroads  substantially  identical 

1001  with  pars.  888,  889,  891,  894.    Code  1910,  sees.  524,  525,  526. 

1002  Also  provisions  substantially  identical  with  pars.  980,  981. 
Same,  sees.  535,  536. 

Upon  complaint  in  writing  against  any  public  utility  by  any 
person,  firm  or  corporation,  or  upon  the  initiative  or  complaint  of 
commission,  that  any  rate,  fare,  charge,  toll,  rental,  schedule, 
classification  or  service,  or  any  joint  rate,  fare,  charge,  toll, 
rental,  schedule,  classification  or  service  rendered,  charged,  de- 
manded, exacted  or  proposed  to  be  rendered,  charged,  demanded, 
or  exacted,  is  in  any  respect  unjust,  unreasonable,  unjustly  dis- 
criminatory, or  unjustly  preferential  or  in  violation  of  law  or  that 
any  regulation,  measurement  or  practice  affecting  or  relating  to 
any  service  ftimished  by  said  public  utility,  or  in  connection 
therewith,  is,  or  will  be,  in  any  respect  imreasonable,  unjust, 
1008  insufficient  or  unjustly  discriminatory  or  unjustly  preferential, 
or  that  any  service  is,  or  will  be,  inadequate  or  cannot  be  ob- 
tained, commission  shall  notify  the  public  utility  complained  of 

284 


that  complaint  has  been  made,  and  of  the  time  and  place  when 
the  same  will  be  considered  and  determined,  which  notice  shall 
be  served  upon  the  public  utility  not  less  than  15  days  before 
such  hearing  and  shall  plainly  state  the  matters  or  things  com- 
plained of.  Commission  shall,  if  it  appear  that  there  are  reason- 
able grounds  for  the  complaint,  at  such  time  and  place  proceed 
to  consider  such  complaint  and  may  adjourn  the  hearing  there- 
of from  time  to  time.  The  parties  thereto  shall  be  entitled  to  be 
heard,  represented  by  coimsel  and  to  have  process  to  enforce  the 
attendance  of  witnesses.     Laws  igii,  no.  325,  sec.  23. 

A  public  utility  may  make  complaint  as  to  any  matter  af- 
fecting its  own  product  or  service  with  like  effect  as  though  made 

1004  by  a  person,  firm  or  corporation,  in  which  event  commission 
shall  publish  notice  thereof  for  ten  days  prior  to  such  hearing  in  a 
newspaper  of  general  circulation  at  the  situs  of  such  public 
utility.     Same. 

When  complaint  is  made  of  more  than  one  rate,  charge  or 
service,  commission  may  order  separate  hearings  thereon  and 

1005  may  consider  and  determine  the  matters  complained  of  sepa- 
rately and  at  such  times  and  places  as  it  may  prescribe.  No  com- 
plaint shall  necessarily  be  dismissed  because  of  the  absence  of 
direct  damage  to  the  complainant.     Same,  sec.  24. 

Whenever  commission  shall  be  of  the  opinion  after  a  hearing 
that  any  rate,  fare,  charge,  toll,  rental,  schedtile,  classification  or 
service  or  any  joint  rate,  fare,  charge,  toll,  rental,  schedule, 
classification  or  service  rendered,  charged,  demanded,  exacted  or 
proposed  to  be  rendered,  charged,  demanded  or  exacted,  is  or 
will  be  imjust,  imreasonable,  unjustly  discriminatory,  or  unjustly 
preferential,  or  in  violation  of  law,  or  the  service  inadequate,  or 

1006  that  the  maximum  rates,  charges,  tolls,  or  rentals  chargeable  by 
any  such  public  utility  are  insufficient  to  yield  reasonable  com- 
pensation for  the  service  rendered  and  are  imjust  and  unreason- 
able, commission  shall  fix  and  determine  the  just  and  reasonable 
rate,  fare,  charge,  toll,  rental  or  service  to  be  thereafter  rendered, 
charged,  demanded,  exacted  or  collected  for  the  performance  or 
rendition  of  the  service,  and  order  the  same  substituted  therefor. 
Same,  sec.  25. 

No  change  in  the  rate,  fare,  toll,  charge,  rental,  schedule, 
classification  or  service  shall  be  made,  rendered,  charged,  de- 

1007  manded,  exacted  or  changed  by  any  public  utility  without  the 
order  of  commission,  and  any  other  rate,  fare,  toll,  charge,  rental, 

285 


classification  or  service  shall  be  deemed  and  held  to  be  unjust  and 
unreasonable,  prohibited  and  unlawful.     Same. 

If  commission  after  investigating  shall  find  that  any  rate, 
joint  rate,  fare,  charge,  toll,  rental,  schedule  or  classification  of 
service  is  unjust,  imreasonable  and  insufficient  or  imjustlydis- 

1008  criminatory  or  unjustly  preferential  or  in  violation  of  law  or 
otherwise  in  violation  of  any  provisions  of  this  act  or  that  any 
service  is  inadequate  or  cannot  be  obtained  the  public  utility 
found  to  be  at  fault  shall  pay  the  expenses  incurred  by  com- 
mission upon  such  investigation.     Same,  sec.  82. 

See  also  par.  jiSy. 

OREGON  Provisions  for  railroads  substantially  identical 

1009  with  pars.  888,  889,  890,  891,  892.  Gen.  Laws  igoy,  ch.  53, 
sec.  28. 

Notice  may  likewise  be  given  to  other  parties  in  interest,  and 
shall  be  given  at  least  ten  days  in  advance  of  any  hearing,  and 
thereafter  proceedings  shall  be  had  and  conducted  in  reference 
to  the  matter  investigated  in  like  manner  as  though  complaint 

1010  was  filed  with  commission  relative  to  the  matter  investigated, 
pursuant  to  the  provisions  of  this  section,  and  the  same  order  or 
orders  may  be  made  in  reference  thereto  as  if  such  investigation 
had  been  made  on  complaint.     Same. 

Also  provisions  for  railroads  identical  with  pars.  894,  947, 

1011  except  that  ''section  22  "  reads  ''section  28."    Same,  sees.  28,  2g. 

Also  provisions  identical  with  pars.  980,  981,  897,  except 

1012  that  orders  of  commission  shall  take  effect  and  become  operative 
20  days  instead  of  30  days  after  service  thereof.    Same,  sec.  30. 

Upon  a  complaint  made  against  any  public  utility  by  any 
mercantile,  agriciiltural  or  manufacturing  society,  or  by  any  body 
politic  or  mimicipal  organization,  or  by  any  three  persons,  firms, 
corporations  or  associations,  that  any  or  all  of  the  rates,  tolls, 
charges  or  schedules  or  any  joint  rate  or  rates  are  in  any  respect 
unreasonable  or  unjustly  discriminatory,  or  that  any  regulation, 
measurement,  practice  or  act  whatsoever  affecting  or  relating  to 
the  production,  transmission,  delivery  or  furnishing  of  heat, 
light,  water  or  power  or  the  conveyance  of  any  telegraph  or  tele- 

1013  phone  message,  or  the  transportation  of  persons  or  property  by 
street  railroad,  or  any  service  in  connection  therewith  is  in  any 
respect  unreasonable,  insufficient  or  unjustly  discriminatory,  or 
that  any  service  rendered  by  any  public  utility  is  inadequate  or  is 
not  afforded,  commission  shall  proceed,  with  or  without  notice, 
to  make  such  investigation  as  it  may  deem  necessary  or  con- 

286 


venient.  But  no  order  affecting  said  rates,  tolls,  charges,  sched- 
ules, regulations,  measurements,  practice  or  act  complained  of 
shall  be  entered  by  commission  without  a  formal  hearing.  Gen. 
Laws  1911,  ch.  27P,  sec.  41. 

Commission  shall,  prior  to  such  formal  hearing,  notify  the 
public  utility  complained  of  that  complaint  has  been  made,  and 
1014  to  answer  the  same,  and  at  the  same  time,  or  afterward,  may  pro- 
ceed to  set  a  time  and  place  for  a  hearing  and  an  investigation  as 
hereinafter  provided.     Same,  sec.  42. 

Commission  shall  give  the  public  utility  and  the  complainant, 
if  any,  ten  days'  notice  of  the  time  and  place  when  and  where  such 
hearing  and  investigation  will  be  held  and  such  matters  consid- 
1016  ered  and  determined.  Both  the  public  utility  and  complainant 
shall  be  entitled  to  be  heard,  and  shall  have  process  to  enforce  the 
attendance  of  witnesses.     Same. 

If,  upon  such  investigation,  any  rates,  tolls,  charges,  sched- 
ules or  joint  rates,  shall  be  found  to  be  unjust,  unreasonable, 
insufficient  or  unjustly  discriminatory,  or  to  be  preferential  or 

1016  otherwise  in  violation  of  any  of  the  provisions  of  this  act,  com- 
mission may  fix  and  order  substituted  therefor  such  rate  or  rates, 
toUs,  charges  or  schedules  as  shall  be  just  and  reasonable.  Same, 
sec.  43. 

If  upon  such  investigation  it  shall  be  found  that  any  regula- 
tion, measurement,  practice,  act  or  service  complained  of  is  im- 
just,  unreasonable,  insufficient,  preferential,  unjustly  discrim- 
inatory or  otherwise  in  violation  of  any  of  the  provisions  of  this 
act,  or  if  it  be  foimd  that  any  service  is  imsafe  or  inadequate,  or 

1017  that  any  reasonable  service  cannot  be  obtained  or  is  not  afforded, 
commission  may  substitute  therefor  such  other  regulations,  meas- 
urements, practices,  service  or  acts  and  make  such  order  re- 
specting, and  such  changes  in  such  regulations,  measiirements, 
practices,  service  or  acts  as  shall  be  just  and  reasonable.    Same. 

Commission  may,  in  its  discretion,  when  a  complaint  is  made 
of  more  than  one  rate  or  charge,  order  separate  hearings  thereon, 
and  may  consider  and  determine  the  several  matters  complained 

1018  of  separately,  and  at  such  times  as  it  may  prescribe.  No  com- 
plaint shall  at  any  time  be  dismissed  because  of  the  absence  of 
direct  damage  to  the  complainant.     Same,  sec.  44. 

Whenever  commission  shall  believe  that  any  rate  or  charge  or 
schedule  of  rates  or  charges  may  be  tinreasonable  or  unjustly  dis- 
criminatory, or  that  any  service  is  tmsafe  or  inadequate  or  is  not 
afforded  or  that  an  investigation  of  any  matter  relating  to  any  pub- 

287 


lie  utility  should  for  any  reason  be  made,  it  may,  on  its  own  mo- 
tion, summarily  investigate  the  same  with  or  without  notice.  If, 
after  making  such  investigation,  commission  becomes  satisfied  that 
sufficient  grounds  exist  to  warrant  a  hearing  being  ordered  to 
determine  whether  any  rate  or  charge  or  schedule  of  rates  or 
charges  so  investigated  is  unreasonable  or  unjustly  discriminatory, 
or  whether  the  service  investigated  is  unsafe  or  inadequate  or  is 

1019  not  afforded,  or  that  an  investigation  of  any  other  matter  relating 
to  such  public  utilities  should  be  made,  it  shall  furnish  such  pub- 
lic utility  interested  a  statement,  notifying  the  public  utility  of 
the  matters  under  investigation,  which  said  statement  shall  be 
accompanied  by  a  notice  fixing  a  time  and  place  for  hearing  upon 
such  matters.  Notice  may  likewise  be  given  to  other  parties 
interested.  Such  notice  of  hearing  shall  be  given  at  least  ten 
days  in  advance  of  any  hearing.  Thereafter  proceedings  shall  be 
had  and  conducted  in  reference  to  the  matter  investigated  in  like 
manner  as  though  complaint  had  been  filed  with  the  commission 
relative  to  the  matter  investigated,  and  the  same  order  or  orders 
may  be  made  in  reference  thereto  as  if  such  investigation  had 
been  made  on  complaint.     Same,  sec.  4j. 

Any  public  utility  may  make  complaint  as  to  any  matter 
affecting  its  own  product  or  service  with  like  effect  as  though 

1020  made  by  any  mercantile,  agricultiiral,  or  manufacturing  society, 
body  politic  or  mtinicipal  organization  or  by  any  ten  persons, 
firms,  corporations  or  associations.     Same,  sec.  46. 

Whenever,  upon  an  investigation  made  under  the  provisions 
of  this  act,  commission  shall  find  any  existing  rate  or  rates,  or 
any  schedule  of  rates,  tolls,  charges,  joint  rate  or  joint  rates  to  be 
unjust,  imreasonable,  insufficient  or  unjustly  discriminatory,  or 
to  be  preferential  or  otherwise  in  violation  of  any  of  the  provisions 

1021  of  this  act,  commission  shall  determine  and  by  order  fix  reasona- 
ble rate  or  rates,  schedule  of  rates,  tolls,  charges  or  joint  rates  to 
be  imposed,  observed  and  followed  in  the  future  in  lieu  of  those 
found  to  be  unjust,  unreasonable,  insufficient  or  unjustly  dis- 
criminatory, or  preferential  or  otherwise  in  violation  of  any  of 
the  provisions  of  this  act.     Same,  sec.  51. 

Whenever,  upon  an  investigation  made  under  the  provisions 
of  this  act,  commission  shall  find  any  regulations,  measurements, 
practices,  acts  or  service  to  be  unjust,  imreasonable,  insufficient,' 
preferential,  imjustly  discriminatory,  •  or  otherwise  in  violation 
of  any  of  the  provisions  of  this  act ;  or  shall  find  that  any  service 
is  unsafe  or  inadequate  or  that  any  service  which  can  be  reasona- 

288 


bly  demanded  is  not  afforded,  commission  shall  determine  and 

1022  declare  and  by  order  fix  reasonable  measurements,  regulations, 
acts,  practices  or  service  to  be  fiimished,  imposed,  observed  and 
followed  in  the  future  in  lieu  of  those  found  to  be  unjust,  un- 
reasonable, insufficient,  preferential,  unjustly  discriminatory,  un- 
safe, inadequate,  or  otherwise  in  violation  of  this  act,  as  the  case 
may  be,  and  shall  make  such  ether  order  respecting  such  measiire- 
ment,  regulation,  act  practice  or  service  as  shall  be  just  and 
reasonable.     Same. 

Commission  shall  cause  a  certified  copy  of  all  such  orders 
to  be  delivered  to  an  officer  or  agent  of  the  public  utility  affected 

1023  thereby,  and  all  such  orders  shall  of  their  own  force  take  effect 
and  become  operative  20  days  after  service  thereof,  unless  a  dif- 
ferent time  be  provided  by  said  order.     Same. 

Commission  may  provide  by  rule  that  any  public  utility 
affected  by  any  order  shall  within  a  time  to  be  fixed  by  commis- 

1024  sion,  notify  commission  whether  the  terms  of  the  order  are  ac- 
cepted and  will  be  obeyed.     Same.     ' 

See  also  pars.  132 j,  1325. 

RHODE  ISLAND  Upon  a  written  complaint  made  against  any 
public  utility  by  any  city  or  town  council  or  by  any  corporation 
or  by  25  qualified  electors  that  any  of  the  rates,  tolls,  charges 
or  any  joint  rate  or  rates  of  any  public  utility  are  in  any  respect 
unreasonable  or  unjustly  discriminatory  or  that  any  regulation, 
measurement,  practice  or  act  whatsoever  of  any  public  utility 
affecting  or  relating  to  the  conveyance  of  persons  or  property 
or  any  service  in  connection  therewith  or  affecting  or  relating 
to  the  production,  transmission,  delivery  or  ftimishing  of  heat, 
light,  water  or  power,  or  any  service  in  connection  therewith,  or 
the  conveyance  of  any  telephone  or  telegraph  message,  or  any 
service  in  connection  therewith,  is  in  any  respect  unreasonable, 

1025  insufficient  or  unjustly  discriminatory  or  that  any  service  is 
inadequate  or  cannot  be  obtained  or  is  unsafe  or  that  the  public 
safety  is  endangered  thereby,  commission  shall  proceed  with 
or  without  notice  to  make  such  investigation  as  it  may  deem 
necessary  or  convenient.  But  no  order  affecting  said  rates,  tolls, 
charges,  regulations,  measurements  or  practices,  act  or  service 
complained  of  shall  be  entered  by  commission  without  a  formal 
public  hearing.  When  any  complaint  shall  be  made  by  25  or 
more  qualified  electors,  such  complaint  shall  designate  one  of  the 
complainants  upon  whom  sha   jbe  served  all  notices,  orders  and 

289 


citations  required  by  this  act  to  be  served  upon  complainants. 
Acts  igi2,  ch.  7P5,  sec.  i8. 

Commission  shall  prior  to  such  formal  hearing  notify  the 
public  utility  complained  of  that  a  complaint  has  been  made,  and 

1026  ten  days  after  such  notice  has  been  given  commission  may  pro- 
ceed to  set  a  time  and  place  for  a  hearing  and  an  investigation 
as  hereinafter  provided.     Same,  sec.  ig. 

^    Also   a  provision   substantially  identical  with   pS,r.    1015. 

1027  Same,  sec.  20. 

If  upon  such  a  hearing  and  investigation  had  under  the 
provisions  of  this  act,  commission  shall  find  any  existing  rates, 
tolls,  charges  or  joint  rate  or  rates  of  any  public  utility  to  be 

1028  unjust,  unreasonable,  insufficient  or  unjustly  discriminatory  or  to 
be  preferential  or  otherwise  in  violation  of  any  of  the  provisions 
of  this  act,  commission  may  fix  and  order  substituted  therefor 
such  rates,  tolls,  charges  or  joint  rates  as  shall  be  just  and  reason- 
able.    Same,  sec.  21. 

If  upon  such  a  hearing  and  investigation  it  shall  be  found 
that  any  rate,  toll,  charge  or  joint  rate  or  rates  is  unjust,  unrea- 
sonable, insufficient  or  unjustly  discriminatory  or  preferential  or 
otherwise  in  violation  of  any  of  the  provisions  of  this  act  or  that 
any  regulation,  measurement,  practice,  act  or  service  complained 

1029  of  is  unjust,  unreasonable,  insufficient,  preferential  or  otherwise  in 
violation  of  any  of  the  provisions  of  this  act,  or  if  it  be  found  that 
any  service  is  inadequate  or  that  any  reasonable  service  cannot 
be  obtained,  the  public  utility  found  to  be  at  fault  shall  pay  the 
expenses  incurred  by  commission  upon  such  investigation  either 
in  whole  or  in  part  as  commission  in  its  discretion  may  determine. 
Same,  sec.  24. 

1030  Also  a  provision  identical  with  par.  10 18.    Same,  sec.  25. 
See  also  pars.  3777,  3778. 

SOUTH  CAROLINA  See  par.  2457. 

SOUTH  DAKOTA  After  the  rates  herein  provided  for  have  been 
made,  readjusted  and  published  and  after  they  have  been  put  in 
force  and  effect,  any  express  company  may  apply  to  commission 
for  an  order  to  change  and  modify  such  schedule  of  rates,  in  which 
case  commission  shall  call  a  hearing  for  the  pvupose  of  deter- 

1081  mining  the  justice  of  such  rate.  The  testimony  taken  at  such 
hearing  shall  be  preserved  in  full.  After  any  such  hearing  com- 
mission shall  change,  modify  and  establish  a  new  schedule  for 
any  schedule  foimd  to  be  unjust,  without  otherwise  affecting  the 

290 


schedule  of  rates  established  by  this  act.  Sess.  Laws  igog,  ch. 
ijg,  sec.  J. 

Upon  the  application  of  any  person  interested  claiming  that  the 
rates  established  by  law  are  too  high  or  that  there  is  discrimination 
in  the  rates  of  any  company  or  in  the  joint  rates  of  any  two  or 

1032  more  companies,  commission  shall  call  and  hold  a  hearing  to 
determine  the  issues  and  in  such  cases  shall  change,  modify  and 
establish  such  rate  as  may  be  just  for  such  schedule.  Same, 
sec.  6. 

Whenever  any  person  upon  his  own  behalf,  or  class  of  per- 
sons similarly  situated,  or  any  firm,  corporation  or  association  or 
any  mercantile,  agricultural  or  maniifacturing  society  or  body 
politic,  commercial  club  or  board  of  trade  or  municipal  organiza- 

1033  tion  shall  make  complaint  to  commission  that  the  rate  or  fares 
charged  or  published  by  any  common  carrier,  or  the  maximum 
rates  and  fares  fixed  by  commission  in  any  schedules  of  rates  and 
fares  made  by  it  is  unreasonably  high  or  discriminating,  com- 
mission shall  immediately  investigate  the  matter  of  such  com- 
plaint.   Sess.  Laws  igii,  ch.  207,  sec.  21. 

If  such  complaint  appears  to  be  well  foimded  and  not  trivial 
in  character,  commission  shall  fix  a  day  for  hearing  the  same  and 
shall  notify  the  common  carriers  interested  of  the  time  and  place 
of  such  hearing  by  mailing  by  registered  letter  a  notice  of  hearing 

1034  with  a  copy  of  such  complaint  properly  directed  to  any  division 
superintendent,  general  or  assistant  superintendent,  general  man- 
ager, president  or  secretary  of  such  company,  and  commission 
shall  also  notify  the  person  or  persons  complaining  of  such  time 
and  place.     Same. 

1036  Also  a  provision  for  common  carriers  substantially  identical 

with  par.  999.    Same,  sec.  22. 

Also  a  provision  for  common  carriers  identical  with  par. 

1036  1000,  except  that  ''and  including  a  classification  of  such  freight" 
reads  "and  including  a  classification  of  freight,  express  or  mes- 
sages."   Same,  sec.  23. 

See  also  par.  24jg. 

VERMONT  When  in  the  judgment  of  commission  after  in- 

vestigation and  hearing  upon  reasonable  notice  to  all  parties 
interested,  it  appears  that  any  of  the  rates,  tariffs  or  charges 
posted  as  provided  in  section  4533,  are  excessive,  unjust, unreason- 
able or  discriminatory  or  that  the  facilities  and  accommodations 

1037  furnished  by  any  railroad  corporation  are  not  adequate,  reason- 
able and  equal,  it  shall  by  order  made  in  the  premises  determine 

291 


and  prescribe  what  will  be  a  just  and  reasonable  rate,  tariff  or 
charge,  or  adequate,  reasonable  or  equal  facilities  and  accommo- 
dations, and  after  giving  notice  of  such  an  order  may  fix  a  time 
within  which  such  railroad  corporation  shall  comply  with  such 
order.     Puh.  Stats.  igo6,  sec.  4535. 

If  upon  investigation  the  rates,  tolls,  charges  or  schedules 
are  foimd  tmjust,  imreasonable,  insufficient  or  unjustly  dis- 
criminatory or  to  be  preferential  or  otherwise  in  violation  of  the 

1038  provision  of  this  act,  commission  may  order  and  substitute  there- 
for such  rate  or  rates,  tolls,  charges  or  schedules  and  may  make 
such  changes  in  any  regiilations,  measurements,  practices  or  acts 
of  any  company  subject  to  the  supervision  of  commission,  relating 
to  its  service  and  may  make  such  order  as  will  compel  the  fur- 
nishing of  such  service,  as  shall  at  said  hearing  be  foimd  by  it  to 
be  just  and  reasonable.     Laws  igo8,  no.  116,  sec.  10. 

This  section  shall  not  be  construed  to  require  the  same 
charges,  tolls  or  rates  from  any  company  for  like  service  in  differ- 

1039  ent  parts  of  the  state,  but  commission  in  determining  these 
questions  shall  investigate  local  conditions  and  its  final  findings 
and  judgment  shall  take  cognizance  thereof.    Same. 

See  also  pars.  34Q,  351. 

WASHINGTON  Whenever  commission  shall  find,  after  a  hear- 

ing had  upon  its  own  motion  or  upon  complaint  as  herein  pro- 
vided, that  the  rates,  fares  or  charges  demanded,  exacted,  charged 
or  collected  by  any  common  carrier  for  the  transportation  of  per- 
sons or  property  within  the  state  or  in  connection  therewith,  or 
that  the  regulations  or  practice  of  such  common  carrier  affecting 
such  rates,  are  unjust,  unreasonable,  unjustly  discriminatory  or 

1040  unduly  preferential  or  in  anywise  in  violation  of  the  provisions  of 
law,  or  that  such  rates,  fares  or  charges  are  insufficient  to  yield 
a  reasonable  compensation  for  the  service  rendered,  commission 
shall  determine  the  just,  reasonable  or  sufficient  rates,  fares  or 
charges,  regulations  or  practices  to  be  thereafter  observed  and 
enforced  and  shall  fix  the  same  by  order  as  hereinafter  provided. 
Laws  iQiiy  ch.  iij,  sec.  53. 

Whenever  commission  shall  find  after  a  hearing  had  upon 
its  own  motion  or  upon  complaint  as  herein  provided,  that  the 
rates  or  charges  demanded,  exacted,  charged  or  collected  by  any 
gas  company,  electrical  company  or  water  company  for  gas, 

1041  electricity  or  water  or  in  connection  therewith,  or  that  the  rules, 
regulations,  practice  or  contracts'  affecting  such  rates  or  charges 
are  tmjust,  unreasonable,  unjustly  discriminatory  or  unduly  pref- 

292 


1 


erential  or  in  anywise  in  violation  of  the  provisions  of  law,  or 
that  such  rates  or  charges  are  insufficient  to  yield  a  reasonable 
compensation  for  the  service  rendered,  commission  shall  deter- 
mine the  just,  reasonable  or  sufficient  rates,  charges,  regulations, 
practices  or  contracts  to  be  thereafter  observed  and  in  force,  and 
shall  fix  the  same  by  order  as  hereinafter  provided.     Same,  sec.  54. 

Whenever  commission  shall  find  after  a  hearing  had  upon  its 
own  motion  or  upon  complaint  that  the  rates,  charges,  tolls  or 
rentals  demanded,  exacted,  charged  or  collected  by  any  telegraph 
or  telephone  company  for  the  transmission  of  messages  by  tele- 
graph or  telephone  or  for  the  rental  or  use  of  any  telegraph  line, 
telephone  line  or  any  telegraph  instrument,  wire,  appliance, 
apparatus  or  device,  or  any  telephone  receiver,  transmitter,  in- 
strument, wire,  cable,  apparatus,  conduit,  machine,  appliance 

1042  or  device  or  any  telephone  extension  or  extension  system,  or  that 
the  rules,  regulations  or  practices  of  any  telegraph  or  telephone 
company  affecting  such  rates,  charges,  tolls,  rentals  or  service 
are  unjust,  unreasonable,  im justly  discriminatory  or  imduly 
preferential  or  in  anywise  in  violation  of  law,  or  that  such  rates, 
charges,  tolls  or  rentals  are  insufficient  to  yield  reasonable  com- 
pensation for  the  service  rendered,  commission  shall  determine  the 
just  and  reasonable  rates,  charges,  tolls  or  rentals  to  be  thereafter 
observed  and  in  force  and  fix  the  same  by  order  as  hereinafter 
provided.    SamCy  sec.  55. 

Whenever  commission  shall  find  after  a  hearing  had  upon  its 
own  motion  or  upon  complaint  as  herein  provided,  that  the  rates  or 
charges  demanded,  exacted,  charged  or  collected  by  any  wharf- 
inger or  warehouseman  for  the  receipt,  storage  or  handling  of 
freight  or  in  connection  therewith  or  that  the  rules,  regulations 
or  practices  affecting  such  rates  or  charges  are  imjust,  unreason- 

1043  able,  unjustly  discriminatory  or  imduly  preferential  or  in  any- 
wise in  violation  of  the  provisions  of  law,  or  that  such  rates  and 
charges  are  insufficient  to  yield  a  reasonable  compensation  for 
the  service  rendered,  commission  shall  determine  the  just,  rea- 
sonable or  sufficient  rates,  charges,  rules,  regulations  or  practices 
to  be  thereafter  observed  and  in  force  and  shall  fix  the  same  by 
order  as  hereinafter  provided.     Same,  sec.  56. 

Whenever  commission  shall  find  after  hearing  had  upon  its 
own  motion  or  upon  complaint  as  herein  provided,  that  any 
rate,  toll,  rental  or  charge  which  has  been  the  subject  of  com- 
plaint and  inquiry  is  sufficiently  remunerative  to  the  public 

1044  service  company  affected  thereby,  it  may  order  that  such  rate, 

293 


toll,  rental  or  charge  shall  not  be  changed,  altered,  abrogated 
or  discontinued  nor  shall  there  be  any  change  in  the  classification 
which  will  change  or  alter  such  rate,  toU,  rental  or  charge  without 
first  obtaining  the  consent  of  commission  authorizing  such  change 
to  be  made.  Same,  sec.  84} 
See  also  par.  3704. 

WISCONSIN  Provisions  substantially  identical  with  pars. 

888,  889,  890,  891,  892,  loio,  894,  947,  980,  981,  897,  except 

1045  that  section  12  is  referred  to.  Laws  1905,  ch.  362,  sees,  iygy-12 
to  i^gy-i2{c)  {as  amended  by  Laws  1905,  sp.  sess.,  ch.  313),  1797- 
JJW,  1797-14^  i797-i4{h),  i797-i4{c). 

"Where  the  order  made  relates  to  service,  and  the  same  cannot, 
in  the  judgment  of  commission,  be  complied  with  within  20  days, 
commission  may  prescribe  such  additional  time  as  in  its  judgment 

1046  is  reasonably  necessary  to  comply  with  the  order  and  may  on 
application  and  for  good  cause  shown  extend  the  time  for  com- 

•    pliance  fixed  in  its  order.     Same,  sec.  1797-1 4{a),  as  amended 
by  Laws  1907,  ch.  582. 

Upon  a  complaint  made  against  any  public  utility  by  any 
mercantile,  agricultural  or  manufacturing  society  or  by  any  body 
politic  or  municipal  organization  or  by  any  25  persons,  firms, 
corporations  or  associations  that  any  of  the  rates,  tolls,  charges 
or  schedules  or  any  joint  rate  or  rates  are  in  any  respect  un- 
reasonable or  imjustly  discriminatory  or  that  any  regulation, 
measurement,  practice  or  act  whatsoever  affecting  or  relating 
to  the  production,  transmission,  delivery  or  furnishing  of  heat, 

1047  light  or  water  or  power  or  any  service  in  connection  therewith  or 
the  conveyance  of  any  telephone  message  or  any  service  in  con- 
nection therewith  is  in  any  respect  unreasonable,  insufficient  or 
unjustly  discriminatory,  or  that  any  service  is  inadequate  or  can- 
not be  obtained,  commission  shall  proceed  with  or  without  notice 
to  make  such  investigation  as  it  may  deem  necessary  or  con- 
venient. But  no  order  affecting  said  rates,  tolls,  charges,  sched- 
ules, regulations,  measurements,  practice  or  act  complained  of 
shall  be  entered  by  commission  without  a  formal  public  hearing. 
Laws  1907,  ch.  499,  sec.  i797m-43. 

1048  Also  a  provision  identical  with  par.  1026.  Same,  sec. 
i797m-44. 

•  Nothing  in  this  act  shall  authorize  the  commission  to  make  or  enforce  any  order 
affecting  rates,  tolls,  rentals,  contracts,  or  charges  or  service  rendered,  or  the  safety,  ade- 
quacy or  sufficiency  of  the  facilities,  equipment,  instrumentalities  or  buildings,  or  the 
reasonableness  of  rules  or  regulations  made,  furnished,  used,  supplied  or  in  force  affecting 
any  street  railroad,  telephone  line,  gas  plant,  electrical  plant  or  water  system  owned  and 
operated  by  any  city  or  town,  but  all  other  provisions  enumerated  herein  shall  apply  to 
public  utilities  owned  by  any  city  or  town.    Laws  /f>//,  ch.  117,  sec.  loj. 

294 


1049  Also  provisions  identical  with  pars.  1615,  1016.  Same,  sees. 
1797771-45,  i797m-46{i). 

If  upon  such  investigation  it  shall  be  found  that  any  rate, 
toll,  charge,  schedule  or  joint  rate  or  rates  is  unjust,  tinreason- 
able,  insufficient  or  unjustly  discriminatory  or  preferential  or 
otherwise  in  violation  of  any  of  the  provisions  of  this  act,  or  that 
any  regulation,  practice,  act  or  service  complained  of  is  tinjust, 

1050  unreasonable,  insufficient,  preferential  or  otherwise  in  violation 
of  any  provision  of  this  act,  or  if  it  be  found  that  any  service  is 
inadequate  or  that  any  reasonable  service  cannot  be  obtained, 
the  public  utility  fotind  to  be  at  fault  shall  pay  the  expenses  in- 
curred by  the  commission  upon  such  investigation.  Same,  sec. 
1797^-47- 

Also  provisions  identical  w4th  pars.  1018,  1020,  1021,  except 

1061  that  ''or  by  any  ten  persons"  in  par.  1020  reads  ''or  by  any  25 
persons."    Same,  sees.  i7Q7m-48,  i7g7m-52,  i797m-6o{i). 

Whenever  upon  an  investigation  made  under  the  provisions 
of  this  act  commission  shall  find  that  any  rate,  toll,  charge,  sched- 
ule or  joint  rate  or  rates  is  unjust,  unreasonable,  insufficient  or 
unjustly  discriminatory  or  preferential  or  otherwise  in  violation 
of  any  of  the  provisions  of  this  act,  or  that  any  measurement, 
regiilation,  practice,  service  or  act  complained  of  is  unjust,  un- 
reasonable, insufficient,  preferential,  unjustly  discriminatory  or 

1062  otherwise  in  violation  of  any  of  the  provisions  of  this  act,  or  if 
it  shall  find  that  any  service  is  inadequate  or  that  any  service 
which  can  reasonably  be  demanded  cannot  be  obtained,  commis- 
sion shall  ascertain  and  declare  and  by  order  fix  the  expenses 
incurred  by  commission  upon  such  investigation  and  shall  by 
order  direct  such  public  utility  to  pay  the  state  treasurer  within 
20  days  thereafter  such  expenses  so  incurred.  Same,  sec.  I7g7m~ 
60(3). 

Commission  shall  cause  a  certified  copy  of  all  such  orders  to 
be  delivered  to  an  officer  or  agent  of  the  public  utility  affected 

1063  thereby,  and  all  such  orders  shall  of  their  own  force  take  effect 
and  become  operative  20  days  after  service  thereof  unless  a  differ- 
ent time  be  provided  by  said  order.     Same,  sec.  i797m-6o{4). 

All  public  utilities  to  which  the  order  applies  shall  make  such 
changes  in  their  schedule  on  file  as  ma}^  be  necessary  to  make  the 
1054  same  conform  to  said  order,  and  no  changes  shall  be  made  by  any 
public  utility  in  any  such  rates,  tolls,  or  charges,  or  in  any  joint 
rate  or  rates  without  the  approval  of  commission.  Same,  sec. 
i797m-6i. 

295 


Certified  copies  of  all  other  orders  of  commission  shall  be 
1051  delivered  to  the  public  utility  affected  thereby  in  like  manner 
and  the  same  shall  take  effect  within  such  time  thereafter  as  com- 
mission shall  prescribe.     Same. 

See  also  pars.  1330,  1335,  3788. 


D.  SPECIAL  AUTHORITY  OF  COMMIS- 
SION AND  DUTY  OF  UTILITIES  WITH 
RESPECT  TO  THE  ESTABLISHMENT 
AND  CHANGE  OF  JOINT  OR  THROUGH 
SERVICE  AND  ROUTES,  AND  RATES 
AND   CHARGES   THEREFOR. 

I.     Carriers  of  Persons  and  Goods. 

UNITED  STATES  It  shall  be  the  duty  of  every  carrier  subject  to 
the  provisions  of  this  act  to  establish  through  routes  and  just  and 
reasonable  rates  applicable  thereto;  and  to  provide  reasonable 

1066  facilities  for  operating  such  through  routes  and  to  make  reason- 
able rules  and  regulations  with  respect  to  the  exchange,  inter- 
change, and  return  of  cars  used  therein,  and  for  the  operation  of 
such  through  routes,  and  providing  for  reasonable  compensation 
to  those  entitled  thereto.    Act  to  Regulate  Commerce,  sec.  i. 

Whenever  the  carrier  or  carriers  in  obedience  to  an  order  of 
commission  or  otherwise  in  respect  to  joint  rates,  fares  or  charges, 
shall  fail  to  agree  among  themselves  upon  the  apportionment  or 

1067  division  thereof,  commission  may  after  hearing  make  a  supple- 
mental order  prescribing  the  just  and  reasonable  proportion  of 
such  joint  rate  to  be  received  by  each  carrier  party  thereto, 
which  order  shall  take  effect  as  a  part  of  the  original  order. 
Same,  sec.  15. 

Commission  may  also  after  hearing  on  a  complaint  or  on  its 
own  initiative  without  complaint  establish  through  routes  and 
joint  classifications  and  may  establish  joint  rates  as  a  maximum 
to  be  charged,  and  may  prescribe  the  division  of  such  rates  as 

1068  hereinbefore  provided  and  the  terms  and  conditions  under  which 
such  through  routes  shall  be  operated  whenever  the  carriers  them- 
selves shall  have  refused  or  neglected  to  establish  volimtarily 
such  through  routes  or  joint  classifications  or  joint  rates;  and 
this  provision  shall  apply  when  one  of  the  connecting  carriers 
is  a  water  line.     Same. 

296 


Commission  shall  not,  however,  establish  any  through  route, 
classification  or  rate  between  street  electric  passenger  railways 
not  engaged  in  the  general  business  of  transporting  freight  in 
addition  to  the  passenger  and  express  business  and  railroads  of  a 
1069  different  character,  nor  shall  commission  have  the  right  to  es- 
tablish any  route,  classification,  rate,  fare  or  charge  when  the 
transportation  is  wholly  by  water,  and  any  transportation  by 
water  affected  by  this  act  shall  be  subject  to  the  laws  and  regu- 
lations applicable  to  transportation  by  water.     Same. 

In  establishing  such  through  route  commission  shall  not 
require  any  company  without  its  consent  to  embrace  in  any  such 
route  substantially  less  than  the  entire  length  of  its  railroad  and 
of  any  intermediate  railroad  operated  in  conjunction  and  tmder  a 

1060  common  management  or  control  therewith  which  lies  between  the 
termini  of  such  proposed  through  route  imless  to  do  so  would 
make  such  through  route  unreasonably  long  as  compared  with 
another  practicable  through  route  which  could  otherwise  be  es- 
tablished.    Same. 

See  also  par.  88y. 

ALABAMA  Whenever  the  rate  or  charge  ordered  sub- 

stituted by  commission  shall  be  a  joint  rate  or  charge  and  the 
transportation  company  or  companies  affected  thereby  shall  fail 

1061  to  agree  upon  the  apportionment  thereof  within  20  days  after  the 
service  of  such  order,  commission  may  after  a  hearing  issue  a 
supplemental  order  declaring  the  apportionment  of  such  joint 
rate  or  charge  and  the  same  shall  take  effect  of  its  own  force 
as  part  of  the  original  order.     Code  iQoy,  sec.  5680. 

Whenever  any  transportation  company  shall  refuse  or  neg- 
lect to  establish  a  joint  rate  or  rates  for  the  transportation  of 

1062  persons  or  property,  commission  may,  upon  notice  to  such 
transportation  company  or  companies,  and  after  an  opportunity 
to  be  heard  as  provided  in  sections  5667  and  5668  of  this  code, 
fix  and  establish  such  joint  rate  or  rates.     Same,  sec.  5681. 

If  the  transportation  companies  parties  thereto  shaU  fail  to 
agree  upon  the  apportionment  thereof  within  20  days  after  the 

1063  service  of  such  orders,  commission  may,  upon  like  hearing,  issue 
a  supplemental  order  declaring  the  apportionment  of  such  joint 
rate  or  rates,  and  the  same  shall  take  effect  of  its  own  force  as 
part  of  the  original  order.     Same. 

In  cases  relating  to  the  fixing,  regulating  or  prescribing  of 

1064  joint  rates  of  two  or  more  transportation  companies,  such  trans- 

297 


portation  companies  may  be  joined  in  one  proceeding  before 
commission.     Same,  sec.  5682. 

When  a  shipment  of  freight  shall  pass  over  the  whole  or  part 
of  two  or  more  railroads,  the  rate  to  be  charged  shall  be  either  a 
continuous  mileage  rate  not  exceeding  the  lawful  rate  or  a  rate  for 
each  road,  not  greater  than  its  lawful  maximimi  rate  for  the  dis- 
tance hauled  over  its  road  less  ten  percent,  as  commission  may  in 
its  judgment  determine,  and  commission  shall  establish  a  rule  or 
order  applicable  to  each  railroad,  prescribing  which  railroad 
1066  shall  for  such  shipment  charge  the  continuous  mileage  rate  and 
which  shall  charge  a  rate  not  greater  than  its  lawful  maximum 
rate  for  the  distance  haiiled  less  ten  per  cent . ,  and  such  rule  or  order 
shall  be  binding  on  and  limit  the  charge  of  each  railroad  to  which 
it  is  apphcable  with  respect  to  such  shipments  until  changed  by 
commission.  But  nothing  in  this  section  shall  be  construed  to 
prohibit  the  joint  rates  being  divided  into  such  proportions  as 
may  be  agreed  upon  by  the  railroads  interested.  Acts  igoy, 
sp.  sess.,  no.  ly,  sec.  14. 

See  also  pars.  888,  88g,  8go,  8g6. 

ARIZONA  Nothing  in  this  section  contained  shall  be 

construed  as  in  anjrwise  limiting  or  modifying  the  duty  of  a 
common  carrier  to  establish  joint  rates,  fares  and  charges  for 
the  transportation  of  passengers  and  property  over  the  lines 

1066  owned,  operated,  controlled  or  leased  by  it  and  the  lines  of 
other  common  carriers,  nor  as  in  any  manner  limiting  or  modi- 
fying the  power  of  commission  to  require  the  establishment  of 
such  joint  rates,  fares  and  charges.  Sess.  Laws  igi2,  ch.  go, 
sec.  22(a). 

Whenever  commission,  after  a  hearing  had  upon  its  own 
motion  or  upon  complaint,  shall  find  that  the  rates,  fares  or 
charges  in  force  over  two  or  more  common  carriers,  between 
any  two  points  in  the  state,  are  unjust,  unreasonable  or  exces- 
sive, or  that  no  satisfactory  through  route  or  joint  rate,  fare 
or  charge  exists  between  such  points,  and  that  the  public  con- 

1067  venience  and  necessity  demand  the  establishment  of  a  through 
route  and  joint  rate,  fare  or  charge  between  such  points,  com- 
mission may  order  such  common  carriers  to  establish  such  through 
route  and  may  establish  and  fix  a  joint  rate,  fare  or  charge  which 
will  be  fair,  just,  reasonable  and  sufficient,  to  be  allowed,  charged, 
enforced,  demanded  and  collected  in  the  future,  and  the  terms  and 
conditions  under  which  such  through  route  shall  be  operated. 
Same,  sec,  33, 

298 


Commission  may  order  that  freight  moving  between  such 
points  shall  be  carried  by  the  different  common  carriers,  parties 

1068  to  such  through  route  and  joint  rate,  by  the  nearest  and  most 
practicable  route  and  without  being  transferred  from  the  originat- 
ing cars.     Same. 

In  case  the  common  carriers  do  not  agree  between  them  upon 
the  division  of  the  joint  rates,  fares  or  charges  estabHshed  by 
commission  over  such  through  routes,  commission  shall,  after 
hearing,  by  supplementary  order,  establish  such  division;  pro- 
vided, that  where  any  raihoad  corporation  which  is  made  a 
party  to  a  through  route  has  itself  over  its  own  line  an  equally 

1069  satisfactory  through  route  between  the  termini  of  the  through 
route  established,  such  railroad  corporation  shall  have  the  right 
to  require  as  its  division  of  the  joint  rate,  fare  or  charge,  its  local 
rate,  fare  or  charge  over  the  portion  of  its  lines  comprised  in  such 
through  route,  and  commission  may,  in  its  discretion,  allow  to 
such  railroad  corporation  more  than  its  local  rate,  fare  or  charge, 
whenever  it  will  be  equitable  so  to  do.     Same, 

Commission  may  establish  and  fix  through  routes  and  joint 

1070  rates,  fares  or  charges  over  common  carriers  and  stage  or  auto 
stage  lines  and  fix  the  division  of  such  joint  rates,  fares  or  charges. 
Same. 

ARKAJTSAS  If  any  two  or  more  connecting  lines  of  railroad 

shall  fail  to  agree  upon  a  fair  and  just  division  of  the  charges 
arising  from  the  transportation  of  freights,  passengers  or  cars 

1071  over  their  lines,  commission  shall  make  the  division  and  shall 
fix  the  pro  rata  part  of  such  charges  to  be  received  by  each  of 
said  connecting  lines.    Kirhy^s  Digest  1Q04,  sec.  68 jo. 

Where  in  this  state  two  or  more  connecting  lines  of  railroad 
are  operated  by,  or  under,  one  management  or  company,  or 
where  the  majority  of  the  stock  of  each  of  two  or  more  railroad 
companies,  whose  tracks  connect,  is  owned  or  controlled,  either 
directly  or  indirectly,  by  any  one  of  such  companies,  the  hnes  of 
railroad  of  all  such  companies  shall,  in  respect  to  the  application 
and  making  of  rates,  within  the  meaning  and  intent  of  this 

1072  act,  be  considered  as  constituting  but  one  and  the  same  rail- 
road, and  rates  for  the  carriage  of  freight  or  passengers  over 
such  railroads,  or  any  portion  thereof,  shall  be  computed  upon 
a  continuous  mileage  basis,  the  same  as  upon  the  lines  of  a 
single  railroad  company,  whether  such  railroads  have  separate 
boards  of  directors  or  not;  provided,  that  commission  shall 
have  power  to  fix  different  rates  for  different  lines,  bearing  th^ 

?99 


relation  to  each  other  described  in  this  section,  whenever  it 
finds  such  action  necessary  to  do  justice.  Acts  igoy,  no.  422, 
sec.  I. 

CALIFORNIA  Provisions  substantially   identical   with   par. 

1073  1067.    Stats,  igii,  I  St.  ex.  sess.,  ch.  14,  sees.  22(a),  jj. 

CONNECTICUT  If  the  lines  of  any  two  or  more  common  car- 

riers or  railroad  or  street  railway  companies  form  or  by  the  con- 
struction and  maintenance  of.  a  switch  or  other  suitable  connec- 
tion could  be  made  to  form  a  continuous  line  of  transportation, 

1074  commission,  upon  hearing  after  due  public  notice,  may  authorize 
or  require  the  establishment  by  such  companies  at  joint  rates  of 
through  routes  or  transportation  for  passengers  or  for  such 
freight  or  other  property  as  commission  may  designate.  Pub. 
Acts  igii,  ch.  128,  sec.  21. 

Commission  may  after  due  hearing  require  any  of  such 
1076  companies  to  operate  over  its  lines  cars  or  other  equipment  de- 
livered by  any  other  of  such  companies.     Same. 

If  such  companies  cannot  agree  as  to  the  division  of  rates  or 
the  conditions  under  which  such  through  routes  or  transportation 
shall  be  established  or  such  cars  or  other  equipment  operated, 

1076  commission  may,  after  due  hearing,  determine  and  prescribe  the 
proportionate  portions  of  such  through  rates  payable  to  each  of 
such  companies  necessary  to  the  establishment  of  such  through 
routes  or  transportation,  or  to  the  operation  of  such  cars  or 
other  equipment.     Same. 

FLORIDA  Commission  may  make  reasonable  and  just 

joint  rates  for  all  connecting  railroads  as  to  all  traffic  or  business 

1077  passing  from  one  of  said  railroads  to  another.  Gen.  Stats.  igo6, 
sec.  28gj. 

Before  applying  joint  rates  to  roads  not  under  joint  manage- 
ment and  control,  commission  shall  give  30  days'  notice  to  the 
owners,  operators  or  lessees  of  said  road  of  the  joint  rate  con- 
templated and  of  its  division  of  the  same  and  give  hearing  to 
roads  desiring   to  object  to  said  rates,  and  shall   make    just 

1078  and  reasonable  rules  and  regulations  for  the  observance  of  all 
railroad  companies  operating  said  road  to  prevent  the  giving  or 
pajdng  of  any  bonus  or  rebate  or  device  of  any  description 
used  by  said  company  directly  or  indirectly  for  the  purpose  of 
deceiving  or  misleading  the  public  as  to  the  actual  rates  charged. 
Same,  sec.  28g4. 

300 


GEORGIA  Substantially  identical  with  pars.  1077,  1078. 

1079  Code  igii,  sec.  26 jo. 

ELLINOIS  Nothing  in  this  section  shall  be  construed  as  in 

any  wise  limiting  or  modifying  the  duty  of  a  common  carrier  to 
establish  joint  rates,  fares  and  charges  for  the  transportation  of 

1080  passengers  and  property  over  the  lines  owned,  operated,  con- 
trolled and  leased  by  it  and  the  lines  of  other  common  carriers, 
nor  as  in  any  manner  limiting  or  modifying  the  power  of  com- 
mission to  require  the  establishment  of  such  joint  rates,  fares  and 
charges.     Revisal  igog,  ch.  114,  sec.  iq2. 

But  this  shall  not  be  construed  as  requiring  any  common  car- 

1081  rier  to  give  the  use  of  its  tracks  or  terminal  facilities  to  another 
carrier  engaged  in  like  business.     Same. 

Commission  may,  after  hearing  upon  a  complaint  or  upon  its 
own  initiative  without  complaint,  establish  joint  classifications 
and  may  establish  through  rates  and  joint  rates  as  the  maximttm 
to  be  charged  by  all  common  carriers  for  the  transportation  of 
persons  or  property  between  points  wholly  within  the  state,  and 
may  prescribe  the  division  of  such  rates  and  the  terms  and 
conditions  under  which  such  through  rates  and  joint  rates  shall 

1082  be  operated  whenever  the  carriers  themselves  shall  have  refused 
or  neglected  to  establish  volimtarily  such  through  rates  and  joint 
classifications  or  joint  rates,  and  this  provision  shall  apply  when 
one  of  the  connecting  carriers  is  a  water  line;  provided,  that  upon 
such  hearing  commission  shall  find  that  such  through  rate  and 
joint  classification  or  joint  rate  is  necessary  for  the  accommoda- 
tion of  the  public  and  will  not  give  to  one  carrier  an  imf  air  or  im- 
equal  advantage  over  another.     Same,  sec.  igj. 

The  shipper  shall  have  the  right  to  route  his  freight  whenever 

1083  through  rates  shall  have  been  established  either  by  commission  or 
the  railroad.     Same. 

Commission  may,  after  hearing  on  a  complaint  or  upon  its 
own  initiative  without  complaint,  establish  through  routes  and 

1084  joint  rates  and  classifications,  also  a  division  of  such  rates,  to 
apply  as  the  maximum  to  or  upon  shipments  over  the  routes  of 
two  or  more  express  companies  or  carriers  by  express  between 
points  within  the  state.     Same,  sec.  j6g. 

1085  Also  a  provision  for  express  companies  or  carriers  by  express 
substantially  identical  with  par.  1057.    Same. 

INDIANA  Commission  shall,  as  hereinafter  provided,  upon 

the  failure  of  the  railroad  companies  so  to  do,  fix  and  establish 

301 


1086  for  all  or  any  connecting  lines  of  railroads,  reasonable  joint  rates 
of  freight,  transfer  and  switching  charges  for  the  various  classes 
of  freight  and  cars  that  may  pass  over  two  or  more  lines  of  rail- 
roads.   Acts  igoy,  ch.  241,  sec.  j{b). 

1087  Also  a  provision  substantially  identical  with  par.  107 1. 
SamCt  sec.  sic). 

All  railroad  companies  shall  upon  the  demand  of  any  person 

1088  or  persons  interested,  establish  reasonable  joint  rates  for  the 
transportation  of  freight  between  points  upon  their  respective 
lines  within  the  state.     Same,  sec.  sin). 

All  railroad  companies  shall  receive  and  transport  freight 

1089  and  cars  over  such  route  or  routes  as  the  shipper  may  direct. 
Same. 

Carload  lots  shall  be  transferred  without  unloading  into 
other  cars  unless  such  unloading  into  other  cars  shall  be  done 

1090  without  charge  therefor  to  the  shipper  or  receiver  of  such  car- 
load lots  and  imless  such  transfer  be  made  without  unreasonable 
delay.     Same. 

Less  than  carload  lots  shall  be  transferred  into  the  connect- 

1091  ing  railway's  cars  at  cost  which  shall  be  included  in  and  made  a 
part  of  the  joint  rate  adopted  by  such  railway  companies  or 
established  as  provided  in  this  act.     Same. 

IOWA  The  preceding  sections  of  this  chapter  shall 

not  be  construed  to  prohibit  the  making  of  rates  by  two  or  more 
railway  companies  for  the  transportation  of  property  over  two  or 
more  of  their  respective  lines  within  the  state;  and  a  less  charge 
by  each  of  said  companies  for  its  portion  of  such  joint  shipment 
than  it  charges  for  a  shipment  for  the  same  distance  wholly  over 
its  own  line  within  the  state  shall  not  be  considered  a  violation  of 

1092  said  chapter,  and  shall  not  render  such  company  liable  to  any  of 
the  penalties  thereof;  but  the  provisions  of  this  section  shall  not 
be  construed  to  permit  railway  companies  establishing  joint  rates 
to  make  thereby  any  unjust  discrimination  between  the  different 
shipping  points  or  stations  upon  their  respective  lines  between 
which  joint  rates  are  established,  and  any  such  unjust  discrim- 
ination shall  be  pimished  in  the  manner  and  by  the  penalties  pro- 
vided by  this  chapter.     Code  iSgy^  sec.  2152. 

Commission  shall  within  ten  days  after  this  act  takes  effect 

notify  in  writing  every  railway  company  that  it  will  upon  a  day 

named  in  such  notice,  which  day  shall  not  be  more  than  30  days 

1098  after  giving  said  notice,  take  up  for  investigation  the  subject  of 

establishing  joint  through  rates  as  herein  provided.     It  shall  also 

302 


give  a  similar  notice  directed  "to  whom  it  may  concern"  and  s6 
publish  the  same  that  it  will  have  general  circulation  throughout 
the  state.     Samey  sec.  2155. 

All  corporations,  partnerships  and  persons  interested  in  the 

1094  subject  may  present  themselves  at  the  hearing  and  be  heard  un- 
der such  rules  and  regulations  as  commission  may  prescribe.  Same. 

At  the  end  of  the  investigation,  which  shall  be  carried  on 
with  all  due  dihgence,  commission  shall  make  and  publish  a 
schedule  of  joint  through  railway  rates  for  such  traffic  and  on 

1095  such  routes  as  in  its  judgment  the  fair  and  reasonable  conduct 
of  business  requires  shall  be  done  by  carriage  over  two  or  more 
lines  of  railway  and  will  promote  the  interests  of  the  people  of 
the  state.     Same. 

In  establishing  such  rates  for  shipments  in  less  than  car- 
load lots,  in  cases  where  at  the  connecting  point  or  points  in  the 
line  of  shipment  the  connecting  railways  have  not  and  are  not 
required  to  have  a  common  station  or  stopping  place  for  loading 

1096  or  unloading  freight,  commission  shall  make  such  lawful  regula- 
tions as  in  its  judgment  will  be  fair  and  just  respecting  the  trans- 
portation of  such  freight  from  the  usual  imloading  place  of  one 
railway  to  the  usual  loading  place  of  the  other.     Same. 

The  joint  through  rates  thus  established  shall  be  promul- 
gated by  mailing  a  printed  copy  thereof  to  each  railway  com- 
pany affected  thereby,  and  shall  go  into  effect  within  ten  days 
after  they  are  so  promulgated;  and  from  and  after  that  time  an 

1097  official  printed  schedule  thereof  shall  be  prima  facie  evidence  in 
all  courts  of  the  state  that  the  rates  therein  fixed  are  just  and 
reasonable  for  the  joint  transportation  of  such  freight  between  the 
points  and  over  the  lines  described  therein.     Same. 

Commission  shall  deliver  a  printed  copy  of  said  schedule  to 

1098  any  person  making  application  therefor.     Same. 

The  share  of  any  railway  company  of  any  joint  through  rate 
shall  not  be  construed  to  fix  the  charge  that  it  may  make  for 

1099  transportation  for  a  similar  distance  over  any  part  of  its  line  for 
any  single  rate  shipment  or  the  share  of  any  other  joint  rate. 
Same. 

Commission,  upon  reasonable  notice  as  it  may  prescribe, 
may  upon  its  own  motion  or  upon  the  application  of  any  person, 
firm  or  corporation  interested  therein,  revise,  change  or  add  to  any 

1100  joint  through  rate  fixed  or  promulgated  thereimder,  and  any  such 
revised,  changed  or  added  joint  rates  shall  have  the  same  force 
and  effect  as  the  rate  or  rates  originally  established.     Same. 


Commission  may  authorize  upon  proper  hearing  any  railway 
company  whose  h'ne  connects  the  point  of  shipment  with  the 
point  of  destination  but  requires  a  longer  haul  than  the  joint  haul 
over  which  a  joint  rate  has  been  established  to  charge  the  joint 

1101  rate  without  affecting  the  charge  upon  any  other  part  of  its  line 
except  that  the  charge  for  a  like  kind  of  property  must  not  be 
greater  for  a  shorter  than  for  a  longer  distance  over  its  railroad, 
all  of  the  shorter  hauls  being  included  within  the  longer.     Same. 

This  section  shall  apply  to  interurban  railways  and  their 

1102  connection  with  ordinary  steam  railways.     Same. 

Before  the  promiilgation  of  such  rates,  commission  shall 
notify  the  railroad  companies  interested  of  the  schedule  of  joint 

1103  rates  fixed  and  give  them  a  reasonable  time  thereafter  to  agree 
upon  a  division  of  the  charges  provided  for  therein.  Same,  sec. 
2156. 

If  such  companies  fail  to  agree  upon  a  division  and  to  notify 
commission  thereof,  it  shall  after  a  hearing  of  the  companies 
interested  decide  the  same,  taking  into  consideration  the  value 

1104  of  terminal  facilities  and  all  the  circtimstances  of  the  haul  and  the 
division  so  determined  by  it  shall,  in  all  controversies  or  actions 
between  the  railway  companies  interested,  be  prima  facie 
evidence  of  a  just  and  reasonable  division  thereof    Same. 

See  also  par.  yg6. 

KANSAS  A  provision  substantially  identical  with  par. 

1105  107 1.    Gen.  Stats,  igog,  sec.  7 171. 

Commission  may  after  notice  and  hearing  of  the  interested 
parties,  require  any  common  carriers  and  all  public  utilities  to 

1106  establish  and  maintain  just  and  reasonable  joint  rates  wherever 
the  same  are  reasonably  necessary  to  put  iii,  in  order  to  main- 
tain reasonably  sufficient  and  efficient  service  from  such  public 
utilities  and  common  carriers.     Laws  igii,  ch.  2j8,  sec.  10. 

See  also  pars.  g20,  g2i. 

LOUISIANA  Commission  shall  require  all  railroads  and  other 

common  carriers  upon  the  demand  of  any  person  or  persons, 
firm,  partnership  or  corporation,  to  adopt  and  make  and  there- 
after when  necessary  to  change  reasonable  and  just  joint  through 

1107  rates  and  charges  for  the  transportation  of  freight  whether  such 
shipments  be  made  entirely  by  railroads  or  by  water  transporta- 
tion or  partly  by  railroads  and  partly  by  water,  or  whether,  when 
made  by  railroads  alone,  such  freight  is  forwarded  in  carloads  or 
less  than  carload  shipments.     Stats.  1904,  no.  24,  sec.  1. 

304 


I 


Commission  shall  require  all  express,  telegraph  and  tele- 
phone companies  or  corporations  upon  the  demand  of  any  person 
or  persons,  firm,  partnership  or  corporation  to  adopt  and  make 
and  thereafter  when  necessary  to  change  reasonable  and  just 
joint  through  rates  and  charges  for  the  carriage  of  express  matter 

1108  and  the  transmission  of  messages  by  telegraph  and  commimica- 
tions  by  telephone  between  points  in  the  state,  provided,  that 
nothing  in  this  act  shall  be  construed  to  mean  that  any  telephone 
or  telegraph  company  shall  be  required  to  connect  its  wires  and 
apparatus  with  the  wires  or  apparatus  of  any  other  telephone  or 
telegraph  company.     Same,  sec.  2. 

In  the  event  of  the  failure  of  the  railroads  and  other  common 
carriers,  express,  telegraph  and  telephone  companies  referred  to 
in  this  act  to  establish  reasonable  joint  through  rates  and  charges 
for  transportation  of  freight  and  express  matter  and  the  trans- 
mission of  commimications  by  telegraph  and  telephone,  commis- 
sion shall  upon  the  application  of  any  person,  firm,  partner- 
ship or  corporation  adopt  and  make  such  reasonable  and  just 
rates  and  charges  for  the  transportation  of  freight  carried  over 

1109  the  lines  of  two  or  more  connecting  railroads  or  other  connecting 
common  carriers  or  for  the  transportation  over  the  lines  of  two 
or  more  connecting  express  companies  or  the  transmission  of 
commimications  over  two  or  more  connecting  telephone  or  tele- 
graph lines;  and  all  such  rates  and  charges  thus  adopted,  made 
and  established  by  commission  shall  go  into  effect  within  30  days 
after  the  same  shall  have  been  promulgated  by  publication  in 
the  official  journal  of  commission  and  written  or  telegraphic 
notice  given  to  such  companies.     Same,  sec.  j. 

Before  the  promulgation  of  such  rates  and  charges  thus 
adopted  by  commission,  said  commission  shall  notify  the  rail- 
roads and  other  common  carriers,  express,  telegraph  and  tele- 
phone companies  interested  of  the  proposed  schedule  of  joint 
through  rates  to  be  promulgated  by  commission,  and  shall  allow 

1110  them  30  days  thereafter  to  agree  upon  a  division  of  the  charges 
provided  for  in  such  schedule.  If  such  companies  or  corporations 
fail  to  agree  upon  a  division  and  notify  commission  thereof  it 
shall  after  a  hearing  of  the  companies  or  corporations  interested 
decide  the  matter  and  determine  how  such  division  should  be 
made.     Same,  sec.  4. 

MAINE  When  the  managers  of  a  railroad  authorized  to 

cross  or  connect  with  another  road  are  unable  to  agree  therewith 
as  to  the  transportation  of  passengers  and  freight  over  their  roads 

305 


and  upon  other  matters,  or  when  the  managers  of  the  latter  road 
neglect  or  fail  or  refuse  to  perform  the  requirements,  pro- 
visions or  conditions  of  the  charter  under  which  they  hold  and 
operate  their  railroad  and  acts  additional  and  amendatory 
thereto,  they  may  apply  to  commissioners  in  writing  and  either  of 
them  may  endorse  an  order  of  notice  thereon  to  all  interested, 
fixing  a  time  and  place  for  hearing  and  the  applicant  shall  cause 
such  order  to  be  complied  with.  At  such  hearing  any  corpora- 
tion or  person  claiming  to  be  interested  may  be  made  a  party  and 
be  heard  thereon  though  not  named  in  the  application;  com- 
1111  mission  has  the  authority  of  courts  of  law  to  summon  witnesses 
and  compel  their  attendance  and  testimony  and  deposition  may 
be  taken  and  used  as  in  suits  at  law.  When  the  hearing  is  closed 
commission  shall  determine  and  award  the  rates  for  transporting 
passengers,  freight  or  cars  over  the  road  of  each  or  over  any  road 
on  which  either  is  a  common  carrier  by  contract  or  otherwise,  and 
all  other  matters  in  controversy  between  the  two  roads  arising 
from  such  connecting  or  crossing  or  the  times  of  doing  so;  and 
may  require  either  party  to  give  seciuity  to  the  other  party  for 
the  payment  of  balances  resulting  from  their  mutual  business  on 
such  terms  as  commission  deems  equitable;  and  may  determine 
that  its  award  may  be  suspended  after  its  acceptance  at  the 
election  of  the  party  injured  by  the  non-performance  of  the  con- 
ditions thereof  by  the  other.    Rev.  Stats.  iQoj,  ch.  57,  sec.  57. 

The  award  shall  be  returned  to  the  supreme  judicial  court 
in  the  county  where  the  hearing  was  had,  and  accepted,  or  for 
good  cause,  rejected  or  recommitted.  Exceptions  to  any  ruling 
of  the  court  in  such  proceedings  may  be  taken  and  allowed 
within  the  niles  of  the  court,  except  in  recommitting  the  report ; 
and  when  so  allowed,  a  certified  copy  thereof  and  of  all  papers 
used  at  the  hearing,  shall  be  forthwith  sent  by  the  clerk  of  the 
court  to  the  chief  justice;  and  the  parties  shall  be  heard  there- 
on by  the  law  court  in  the  district  where  the  hearing  was  had; 
but  if  such  court  does  not  sit  within  30  days  after  the  papers 
are  received  by  the  chief  justice,  he  shall,  at  the  request  of 
either  party,  detail  a  majority  of  the  justices  to  hear  the  case 
at  the  time  and  place  ordered  by  him;  send  the  order  to  the 
iiu  clerk  of  the  court  where  the  matter  is  pending,  and  he  shall 
enter  it  on  the  docket  under  the  case,  and  that  shall  be  sufficient 
notice  to  the  parties;  and  the  case  shall  then  and  there  be 
heard  as  if  at  a  regular  law  term.  When  the  award  is  accepted 
and  judgment  rendered  thereon,  it  is  binding  on  all  parties 

306 


notified,  whether  they  appeared  or  not,  until  a  new  award  is 
made  on  another  appHcation;  the  court  has  full  power  to  make 
the  award  effectual  by  process  for  contempt  or  otherwise  as  in 
equity  cases;  and  if  the  corporation  or  managers  of  any  such 
road,  after  they  are  notified  of  the  acceptance  of  such  award, 
fail  to  comply  with  it,  the  directors,  superintendent  or  other 
agents  operating  the  same  shall  be  fined  not  less  than  $io  nor 
more  than  $50  for  each  day  of  such  failure,  to  be  recovered  by 
indictment  in  the  coimty  where  it  occurs.    Same,  sec.  58, 

MARYLAND  Nothing  in  this  section  shall  be  construed  as 

in  any  wise  limiting  or  modifying  the  duty  of  a  common  car- 
rier to  establish  joint  rates,  fares  and  charges  for  the  transpor- 
tation of  passengers,  freight  and  property  over  the  lines  owned, 
operated,  controlled  and  leased  by  it  and  the  lines  of  other  com- 

1113  mon  carriers,  nor  as  in  any  manner  limiting  or  modifying  the 
power  of  commission  to  require  the  establishment  of  such  joint 
rates,  fares  and  charges.  A  railroad  corporation  and  a  street 
railroad  corporation  shall  not  be  required  to  interchange  cars 
except  on  such  terms  and  conditions  as  commission  may  require. 
Laws  igiOy  ch.  180,  sec.  18. 

Commission  may,  by  order,  require  any  two  or  more  com- 
mon carriers  whose  lines  owned,  operated,  controlled  or  leased 
form  a  continuous  line  of  transportation  or  which  could  be 

1114  made  to  do  so  by  the  construction  and  maintenance  of  switch 
connection,  to  establish  through  routes  and  joint  rates,  fares  and 
charges  for  the  transportation  of  passengers,  freight  and  property 
as  commission  may,  by  its  orders,  designate.    Same,  sec.  2j. 

In  case  such  through  routes  and  joint  rates  be  not  established 
by  common  carriers  named  in  any  such  order  within  the  time 
specified  therein,  commission  shall  establish  just  and  reasonable 
1116  rates,  fares  and  charges  to  be  charged  for  such  through  trans- 
portation, and  declare  the  portion  thereof  to  which  each  common 
carrier  affected  thereby  shall  be  entitled  and  the  manner  in  which 
the  same  shall  be  paid  and  secured.    Same. 

MASSACHUSETTS     See  par.  2368. 

MICHIGAN  All  railroads  as  between  themselves,  and  all 

electric  railroads  as  between  themselves,  shall  establish  through 

1116  routes  and  just  and  reasonable  rates  applicable  thereto  except  as 
hereinafter  provided.     Puh.  Acts  igog,  no.  30O,  sec.  4(b). 

Commission  may,  after  hearing  on  a  complaint,  establish 
through  routes  and  joint  rates  as  the  maximum  to  be  charged  and 

307 


the  terms  and  conditions  iinder  which  such  through  routes  shall 

1117  be  operated  when  the  common  carriers  complained  of  have  re- 
fused or  neglected  to  voltintarily  establish  such  through  routes 
and  joint  rates;  provided,  no  reasonably  satisfactory  through 
route  and  joint  rate  exist.     Same,  sec.  22(e). 

1118  Also  a  provision  substantially  identical  with  par.  1057. 
Same. 

All  express  companies  shall  publish  and  continue  in  force  and 
effect  through  or  joint  rates  between  all  points  at  which  offices 
are  maintained  on  the  line  of  all  express  companies ;  provided,  that 

1119  such  express  companies  may  divide  charges  for  transportation  in 
such  a  manner  as  to  allow  participating  carriers  an  agreed  mini- 
mum proportion  when  the  division  of  such  charges  on  a  mileage 
basis  would  not  allow  a  sufficient  minimum.  Pub.  Acts  igii,  no. 
ISP,  sec.  25(c). 

See  also  pars.  Q40,  ^41,  Q42,  q4j: 

MINNESOTA  There  shall  be  but  one  terminal  charge  for 

switching  or  transferring  any  car  within  any  one  municipality. 
If  it  is  necessary  that  any  car  in  such  transfer  pass  over  the  tracks 
of  more  than  one  railroad  within  such  limits,  the  company  first  so 
transferring  such  car  shall  receive  the  entire  charge  therefor,  and 

iiao  shall  be  liable  to  each  company  doing  subsequent  switching 
thereof  for  its  just  share  of  such  charge,  subject  to  the  rules 
adopted  by  commission.  Any  disagreement  as  to  such  division 
shall  be  finally  determined  by  commission.  Rev.  Laws  1905,  sec. 
2016. 

Less  than  carload  lots  shall  be  transported  at  cost,  and  the 
charge  for  such  transfer  shall  be  included  in  the  joint  rate.    All 

1121  railroad  companies  shall  give  the  same  facilities  to  local  or  state 
as  to  interstate  traffic.     Same,  sec.  2022. 

Within  a  reasonable  time  commission  shall  make  general 
rules  fixing  the  percentage  relation  to  govern  in  the  making  of 
joint  rates  between  common  carriers  for  the  transportation  of 
freight  and  express  in  carload  and  less  than  carload  lots,  and 

1122  shall  make  all  rules  necessary  to  govern  the  transfer  of  freight  and 
express  between  carriers.  Commission  may  change  the  rules  or 
regulations  from  time  to  time  to  meet  different  conditions  and  to 
promote  justice.     Laws  igii,  ch.  jij,  sec.  i. 

No  carrier  shall  be  required  to  deliver  to  another  carrier  at  a 

connecting  or  jimction  point  freight  or  express  destined  to  a  com- 

1128  mon  point  reached  by  both  carriers  unless  commission  finds  it  is 

necessary  in  order  to  obtain  reasonable  rates  and  service.     Same. 

308 


Before  making  any  order  as  herein  provided,  commission 
1124  shall  give  such  hearing  as  may  be  deemed  necessary.     Same. 

The  several  carriers  shall  establish  joint  rates  on  all  intra- 
state freight  and  express  transported  in  carload  and  less  than 
1126  carload  lots  within  30  days  after  commission  has  established  rules 
to  govern  in  the  making  of  joint  rates  between  carriers.     Same 
sec.  2. 

If  carriers  fail  to  agree  on  the  division  of  the  joint  rate,  com- 

1126  mission  on  the  application  of  any  party  interested  shall  fix  such 
division.     Same. 

Any  carrier  failing  to  comply  with  any  provision  of  this 

1127  act  or  any  rule  of  commission,  shall  be  subject  to  a  fine  of  not  ex- 
ceeding $100  for  each  offense.    Same,  sec.  j. 

MISSISSIPPI  In  fixing  joint  tariffs  of  rates  for  connecting 

lines,  commission  shall  determine  the  proportion  to  be  charged 

1128  by  each  of  the  railroads  or  other  common  carriers.  Code  igo6, 
sec.  4842. 

MISSOURI  Commission  shall  see  that  the  schedules  of 

joint  rates,  fares  and  charges  are  reasonable  and  just  and  that 
such  schedule  of  joint  rates,  fares  and  charges  shaU  be  observed 
by  all  common  carriers  who  are  parties  to  the  same.     But  no  such 

1129  common  carrier  party  to  any  such  joint  tariff  shall  be  liable 
for  the  failure  of  any  such  common  carrier  party  thereto  to  ob- 
serve and  adhere  to  the  rates,  fares  and  charges  as  made  and 
pubHshed.     Rev.  Stats,  igog,  sec.  jiSg. 

See  also  par.  813. 

MONTANA  Commission  shall  fix  and  establish  for  all  or 

any  connecting  lines  of  railroad  reasonable  joint  rates  of  freight 

1130  charges  for  the  various  classes  of  freight  and  cars  that  may  pass 
over  two  or  more  lines  of  such  railroads.  Rev.  Codes  igoy,  sec. 
4375- 

NEBRASKA  Commission  shall  fix  for  all  or  any  connecting 

lines  of  railroad  reasonable  joint  rates  of  freight  charges  and 

1131  terminal  switching  charges  for  the  various  classes  of  freight  and 
cars  that  may  pass  over  two  or  more  lines  of  such  railroads. 
Cohbey's  Annot.  Stats,  igog,  sec.  io6jo{g). 

1132  Also  a  provision  substantially  identical  with  par.  107 1. 
Same. 

1133  Railway  companies  shall  establish  reasonable  joint  through 

309 


rates  for  the  transportation  of  freight  upon  their  respective  lines 
Same,  sec.  10660. 

Railway  companies  shall  receive  and  transport  freight  and 
1134  cars  over  such  route  or  routes  as  the  shipper  shall  direct.  Same. 

Carload  lots  shall  be  transferred  without  unloading  from  the 

cars  in  which  such  shipments  were  first  made  unless  such  unload- 

1136  ing  into  other  cars  shall  be  done  without  charge  therefor  to  the 

shipper  or  receiver  of  such  carload  lots  and  unless  such  transfer 

be  made  without  imreasonable  delay.     Same. 

Less  than  carload  lots  shall  be  transferred  into  connecting 
carriers'  warehouse  or  cars  at  cost,  which  shall  be  included  in  and 

1136  made  a  part  of  the  joint  rates  adopted  by  such  railway  com- 
panies or  established  as  provided  in  this  chapter.     Same. 

When  shipments  of  freight  to  be  transported  between  dif- 
ferent points  within  the  state  are  required  to  be  carried  by  two  or 
more  railway  companies  operating  connecting  lines,  such  rail- 

1137  way  companies  shall  transport  the  same  at  reasonable  through 
rates  and  shall  at  all  times  give  the  same  facilities  and  accom- 
modations to  local  or  state  traffic  as  they  give  to  interstate 
traffic  over  their  lines  or  road.     Same. 

In  the  event  that  railway  companies  or  common  carriers 
fail  to  establish  through  joint  rates  or  fail  to  establish  and  charge 
reasonable  rates  for  such  shipment,  commission  shall,  either  upon 

1138  its  own  motion  or  upon  the  application  of  some  person  interested, 
establish  such  rates  for  the  shipment  of  freight  and  cars  over  two 
or  more  connecting  lines  of  railroad.     Same. 

In  the  making  thereof  and  in  changing  or  revising  same, 
commission  shall  be  governed  as  nearly  as  may  be  by  the  pro- 
visions of  this  act  with  reference  to  original  schedules  of  freights 
and  tariffs  for  railway  companies  and  common  carriers,  and 

1139  shall  take  into  consideration  the  average  rates  charged  by  said 
railway  companies  or  common  carriers  for  shipments  within  the 
state  for  like  distances  over  their  respective  lines  and  the  rates, 
charged  by  railway  companies  or  common  carriers  operating  such 
connecting  lines  for  joint  interstate  shipments  for  like  distances. 
Same. 

Rates  fixed  by  commission  shall  go  into  effect  30  days  after 
mailing  a  copy  of  the  schediile  of  joint  rates  to  the  railway 
companies  and  common  carriers  affected  thereby,  which  schedule 
shall  be  prima  facie  evidence  in  all  courts  in  the  state  when 

1140  authenticated  by  commission  that  the  rates  therein  contained  are 
those  fixed  by  commission  and  that  the  same  are  prima  facie  just 

31Q 


and  reasonable  for  the  transportation  of  freight  and  cars  by  the 
railway  companies  or  common  carriers  for  which  said  schedtiles 
have  been  fixed.     Same. 

NEVADA  Commission  may  make  just  and  reasonable 

regulations  for  the  apportionment  of  all  charges  between  two  or 
more  companies  jointly  engaged  in  the  transportation  of  freight, 

1141  passengers,  express  matter,  telegraph  or  telephone  messages. 
Stats,  igoy,  ch.  44,  sec.  7,  as  amended  by  Stats,  igog,  ch.  121,  sec.  j. 

See  also  pars,  gyj,  gSo. 

NEW  JERSEY  See  par.  g86. 

NEW  YORK  A  provision  identical  with  par.   1080.     Laws 

1142  igio,  ch.  480,  sec.  35. 

A  railroad  corporation  and  a  street  railroad  corporation  shall 

1143  not  be  required  to  interchange  cars  except  on  such  terms  and 
conditions  as  commission  may  direct.     Same. 

Commission  may  by  order  require  any  two  or  more  common 
carriers,  railroad  or  street  railroad  corporations,  whose  lines 
owned,  operated,  controlled  or  leased,  form  a  continuous  or  con- 
necting line  of  transportation  or  could  be  made  to  do  so  by  the 

1144  construction  and  maintenance  of  switch  connection  or  interchange 
track  at  connecting  points  or  by  transfer  of  property  or  passen- 
gers at  connecting  points,  to  establish  through  routes  and  joint 
rates,  fares  and  charges  for  the  transportation  of  passengers  and 
property  as  commission  may  by  its  order  designate.     Same,  sec. 

49(3)- 
1146  Also  a  provision  for  common  carriers,  railroad  and  street- 

railroad  corporations  identical  with  par.  1 1 15.    Same. 

Commission  may,  in  the  same  proceeding  or  in  a  separate 
proceeding  involving  any  rates,  fares  or  charges,  prescribe  joint 
rates,  fares  and  charges  as  the  maximum  to  be  exacted  for  the 
transportation  by  them  of  passengers  and  property  and  require 

1146  such  common  carriers,  railroad  and  street  railroad  corporations 
affected  thereby  to  make  within  a  specified  time  an  agreement 
between  them  as  to  the  portion  of  such  joint  rates,  fares  or  charges 
to  which  each  of  them  shall  be  entitled.     Same. 

In  case  such  agreement  be  not  made  within  the  time  so 
specified,  commission  may  declare  by  supplemental  order  the 
portion  thereof  to  which  each  common  carrier,  railroad  or  street 

1147  railroad  corporation  affected  thereby  shall  be  entitled  and  the 
manner  in  which  the  same  shall  be  paid  and  secured,  and  such 
supplemental  order  shall  take  effect  as  part  of  the  original  order 

311 


from  the  time  such  supplemental  order  shall  become  effective. 
Same. 

No  passenger  joint  rate,  fare,  charge,  through  route  or 
transfer  shall  be  required  between  any  rapid  transit  railroad  and 
any  other  rapid  transit  railroad  or  any  railroad  operated  as  a 

1148  street  surface  railroad,  nor  between  a  street  surface  railroad  and 
any  railroad  operated  wholly  by  steam  or  any  railroad  operated 
a  distance  of  over  50  miles  partly  by  steam  and  partly  by  elec- 
tricity.    Same,  sec.  4q{8). 

NORTH  CAROLINA  Commission  shall  not,  in  fixing  the  maximum 
rates  and  charges  or  tariff  of  rates  or  charges  for  any  common  car- 
rier transporting  freight,  permit  or  allow  any  such  common  car- 
rier to  charge,  collect  or  receive  a  greater  toll,  charge  or  rate  for 
the  transportation  of  any  article  of  freight  or  commodity  em- 
braced in  the  present  classification  fixed  and  prescribed  or  ap- 
proved by  commission  where  the  initial  point  of  shipment  is  on 
the  road  or  line  of  one  common  carrier  and  the  terminal  point  of 
said  shipment  is  on  the  line  or  road  of  another  common  carrier 
than  is  the  sum  of  the  present  local  rates  now  established,  pre- 
scribed or  approved  by  commission  less  a  reduction  of  25  per 
cent,  of  the  said  local  rates  on  all  railroads  for  which  there  is 
now  made  or  prescribed  a  reduction  for  a  joint  hatil;  and  on  those 
railroads  for  which  there  is  not  now  prescribed  a  reduction  on 
joint  haiils,   a  reduction    of    15    per   cent,   of  the  local  rates 

1149  now  established,  prescribed  by  commission  for  said  railroads; 
provided,  that  those  railroads  of  this  class  whose  rates  are 
lower  than  the  commission's  standard  of  freight  rates  may  be 
permitted  by  commission  to  adopt  the  standard  rates  prescribed 
by  commission;  provided,  commission  is  hereby  empowered  to 
reduce  the  said  local  rates  whenever  in  its  opinion  and  after 
investigation  by  it,  it  shall  determine  that  a  lower  rate  is 
reasonable.  Provided,  however,  that  present  local  rates  now 
established,  prescribed  or  approved  by  commission  shall  not  be 
increased  by  classification  or  otherwise.  Provided,  further,  com- 
mission may,  when  it  is  made  to  appear  that  it  is  just  to  do  so, 
exempt  from  the  operation  of  this  section  that  part  of  the  charges 
of  a  joint  haul  which  is  over  the  line  or  lines  of  a  railroad  com- 
pany, which  company  now  owns,  leases  or  operates  not  more 
than  125  miles  of  railroad  in  or  out  of  the  state.  PeWs  Revisal 
igo8,  sec.  ii04{a). 

NORTH  DAKOTA  There  shall  in  no  case  be  more  than  one 
terminal  charge  for  switching  or  transferring  any  car,  whether  the 

312 


same  is  loaded  or  empty,  within  the  limits  of  any  one  city  or 
town.  If  it  is  necessary  for  any  car  to  pass  over  the  tracks  of 
more  than  one  company  within  any  such  city  or  town  limits  in 
order  to  reach  its  final  destination  or  to  be  returned  therefrom  to 
its  owner  or  owners,  then  the  company  first  switching  or  trans- 
ferring such  car  shall  be  entitled  to  receive  the  entire  charge  to  be 
made  therefor  and  shall  be  liable  to  the  company  or  companies 

1160  doing  the  subsequent  switching  or  transferring  thereof  for  its  or 
their  reasonable  and  equitable  share  of  the  compensation  re- 
ceived and  if  the  companies  so  jointly  interested  therein  cannot 
agree  upon  the  share  thereof  which  each  is  entitled  to  receive,  the 
same  shall  be  determined  by  commission,  whose  decision  thereon 
shall  be  final  and  conclusive  upon  all  parties  interested  and  com- 
mission may  establish  such  rules  and  regtdations  in  that  behalf 
as  to  it  may  seem  just  and  reasonable  and  not  in  conflict  with 
this  article.     Rev.  Codes  1905,  sec.  4338. 

Commission  may  make  just  and  reasonable  regulations  for 
the  apportionment  of  all  charges  between  two  or  more  companies 

1161  jointly  engaged  in  the  transportation  of  freight,  passengers,  ex- 
press matter,  telegraph  or  telephone  messages,  and  commission 
shall  prepare  such  schedules  and  classifications.  Same,  sec.  4343^ 
as  amended  hy  Laws  igii,  ch.  2jj,  sec.  2. 

OHIO  Whenever  any  rate,   toll,   charge  or  service 

ordered  substituted  by  commission  shall  be  a  joint  rate,  toll, 
charge  or  service  and  the  public  utilities  parties  thereto  fail  to 
agree  upon  the  apportionment  thereof  within  20  days  after  the 

1162  service  of  such  order,  commission  may  after  hearing  make  and 
issue  a  supplemental  order  fixing  the  apportionment  of  such 
joint  rate,  toll,  charge  or  service  between  such  public  utilities  and 
the  same  shall  take  effect  of  its  own  force  as  a  part  of  the  original 
order.     Laws  1911,  no.  32 j,  sec.  42. 

See  also  pars.  looi,  1002,  1003. 

OREGON  Provisions  for  railroads  substantially  identical 

with  pars.  1061,  1062,  1063,  except  that  ''through  route"  is  in- 

1153  eluded  in  par.  1062  and  ''as  provided  in  sections  5667  and  5668 
of  this  code"  reads  "as  in  section  28  provided."  Gen.  Laws 
igoy,  ch.  53,  sec.  30. 

See  also  pars.  loog,  1021. 

RHODE  ISLAND        See  pars.  1025,  1028. 

SOUTH  CAROLINA  Commission  may  make  just  and  reasonable 
joint  rates  for  all  connecting  roads  as  to  all  traffic  or  business 


1164  passing  from  one  of  said  roads  to  another  and  may  require  the 
making  of  such  connection  at  intersecting  points  of  the  schedules 
of  trains  as  the  pubHc  convenience  may  in  its  judgment  demand. 
Gen.  Stats.  igo2,  sec.  20Q2. 

1165  Also  a  provision  substantially  identical  with  par.  1078. 
Same. 

All  connecting  railroads  doing  business  in  this  state,  and 
under  the  management  or  control,  by  lease,  ownership,  associa- 
tion or  otherwise,  of  one  and  the  same  person,  firm,  corporation 

1166  or  association,  shall  for  purposes  of  transportation,  in  applying 
freight  and  passenger  tariffs,  be  considered  as  constituting  but 
one  and  the  same  road,  and  the  rate  shall  be  computed  as  upon 
parts  of  one  and  the  same  road  unless  otherwise  specified  by 
commission.    Same,  sec.  2115. 

SOUTH  DAKOTA  All  railway  companies  doing  business  in  the 
state  shall  upon  the  demand  of  any  person  or  persons  interested 

1157  or  upon  demand  of  commission,  establish  reasonable  and  joint 
through  rates  for  the  transportation  of  freight  between  points  on 
their  respective  lines.     Sess.  Laws  igoy,  ch.  212,  sec.  2. 

Carload  lots  shall  be  transferred  without  unloading  from  the 
cars  in  which  such  shipments  were  first  made  unless  such  un- 
loading into  other  cars  shall  be  done  without  charge  therefor  to 

1168  the  shipper  or  receiver  of  such  carload  lots,  and  such  transfer 
shall  be  made  without  unreasonable  delay  tmder  such  contract 
arrangements  as  such  connecting  companies  may  make  or  under 
such  rules  as  commission  may  prescribe  as  provided  for  in  this 
act.     Same. 

Less  than  carload  lots  shall  be  transferred  into  the  con- 
necting railway  (or  carriers')  cars  at  cost  which  shall  be  included 

1169  in  and  be  a  part  of  the  joint  rates  adopted  by  such  railway  com- 
panies (common  carriers)  or  established  as  provided  by  this  act. 
Same  (railway  companies);  Sess.  Laws  igii,  ch.  2oy,  sec.  J5 
{common  carriers). 

When  shipments  of  freight  (or  express)  to  be  transported  be- 
tween different  points  in  the  state  are  required  to  be  carried  by 
two  or  more  railway  companies  (or  common  carriers)  operating 
1160  connecting  lines  such  railway  companies  (or  common  carriers) 
shall  transport  the  same  at  reasonable  through  rates  and  shall 
at  all  times  give  the  same  facilities  and  accommodations  to  local 
or  state  traffic  as  they  give  to  interstate  traffic  over  their  lines  of 
road.     Same. 

This  article  shall  not  be  construed  to  prohibit  the  making 

314 


of  rates  of  two  or  more  common  carriers  for  the  transportation  of 
property,  express  or  telephone  messages  over  two  or  more  of  their 
respective  railway,  express  or  telephone  lines  within  the  state,  and 
a  less  charge  by  each  of  said  common  carriers  for  its  portion  of 
such  joint  shipment  than  it  charges  for  a  shipment  for  the  same 
distance  wholly  over  its  own  lines  within  the  state,  shall  not  be 

1161  considered  a  violation  of  this  article,  and  shall  not  render  such 
common  carrier  liable  to  any  of  the  penalties  of  this  article;  but 
the  provisions  of  this  section  shall  not  be  construed  to  permit  com- 
mon carriers  establishing  joint  rates  to  make  by  such  joint  rates 
any  imjust  discrimination  between  the  different  shipping  points 
or  stations  upon  their  respective  lines  between  which  joint  rates 
are  established,  and  any  such  imjust  discrimination  shall  be 
punished  in  the  manner  and  by  the  penalties  provided  by  this 
article.     Sess.  Laws  igii,  ch.  20'j,  sec.  J4. 

All  common  carriers  shall  upon  the  demand  of  any  person 
or  persons  interested  establish  reasonable  joint  through  rates  for 

1162  the  transportation  of  freight,  express  or  telephone  messages  be- 
tween points  upon  their  respective  lines.     Same,  sec.  jj. 

All  common  carriers  shall  receive  and  transport  freight,  cars, 

1163  express  and  telephone  messages  over  such  route  or  routes  as  the 
shipper  may  direct.     Same. 

Carload  lots  shall  be  transferred  without  unloading  from  the 
cars  in  which  shipments  were  first  made  imless  such  imloading  in 

1164  other  cars  shall  be  done  without  charge  therefor  to  the  shipper  or 
receiver  of  such  carload  lots,  and  such  transfer  be  made  without 
unreasonable  delay.     Same. 

In  the  event  that  common  carriers  shall  fail  to  establish 
through  joint  rates  or  fail  to  establish  and  charge  reasonable 
rates  for  such  through  shipments,  commission  shall  upon  its  own 
initiation  or  upon  complaint  of  any  person  or  persons  interested, 

1166  establish  reasonable  individual  joint  rates  or  schedules  of  reason- 
able joint  rates  for  the  transportation  of  freight,  cars,  express  and 
telephone  messages  over  two  or  more  connecting  lines  of  com- 
mon carriers.     Same,  sec.  36. 

In  the  making  of  such  rates  and  in  changing  or  revising  the 
same  commission  shall  be  governed  as  near  as  may  be  by  all  the 
provisions  of  this  article  and  shall  take  into  consideration  the 

1166  average  of  rates  charged  by  said  common  carriers  for  the  trans- 
portation within  the  state  for  like  distances  over  their  respective 
lines  and  rates  charged  by  the  common  carrier  operating  such 
connecting  lines  for  joint  interstate  shipment  for  like  distances. 
Same. 

315 


The  rates  established  by  commission  shall  go  into  effect 
within  ten  days  after  the  same  are  promulgated  by  commission 
and  from  and  after  that  time  the  schedtdes  of  rates  shall  be 

1167  prima  facie  evidence  in  all  of  the  courts  of  the  state  that  the  joint 
rates  therein  fixed  are  reasonable  and  just  maximum  rates  for  the 
transportation  of  freight,  cars,  express  and  telephone  messages 
upon  the  common  carrier  for  which  such  schedules  have  been 
fixed.     Same. 

Before  the  promulgation  of  such  rates  as  provided  in  pre- 
ceding section,  commission  shall  notify  the  common  carriers 

1168  interested  in  the  individual  joint  rates  or  schedule  of  joint  rates 
fixed  by  it  and  commission  shall  give  the  common  carriers  a 
reasonable  time  thereafter  to  agree  upon  a  division  of  the  charges 
provided  for  in  such  schedule.     Same,  sec.  37. 

In  the  event  of  the  failure  of  the  common  carriers  to  agree 
upon  a  division  and  to  notify  the  commission  of  such  agreement, 
commission  shall  after  a  hearing  of  the  common  carrier  in- 

1169  terested  decide  the  same,  taking  into  consideration  the  value  of 
terminal  facilities  and  all  the  circtimstances  of  the  carriage  or 
haul.     Same. 

The  division  so  determined  by  commission  shall  in  all  con- 
troversies or  suits  between  the  common  carriers  interested  and 

1170  between  commission  and  such  common  carriers  be  prima  facie 
evidence  of  a  just  and  reasonable  division  of  such  charges.  Same. 

In  the  event  that  railway  companies  fail  to  establish  through 
joint  rates  or  fail  to  establish  and  charge  reasonable  rates  for 
through  shipments  or  fail  to  establish  between  themselves  the 
rates  for  through  shipments  or  fail  to  establish  between  them- 
selves the  rates  and  terms  on  which  cars  of  one  company  shall  be 
transferred  in  through  shipments  from  the  line  of  one  company 

1171  to  the  other  and  returned,  or  fail  to  provide  for  the  convenient 
and  prompt  transfer  of  through  freight  from  the  cars  of  the  re- 
ceiving company  to  those  of  the  connecting  line,  commission 
shall  upon  its  own  initiative  or  upon  complaint  of  any  person  or 
persons  interested  establish  joint  rates  for  the  shipment  of  freight 
and  cars  over  any  two  or  more  connecting  lines  of  railroad  and 
prescribe  reasonable  rules  under  which  any  such  cars  so  trans- 
ferred shall  be  returned.     Same,  sec.  jg. 

In  establishing,  changing  or  revising  any  such  rates,  com- 
mission shall  take  into  consideration  the  average  of  rates  charged 

1172  by  said  railway  companies  operating  said  connecting  lines  for 
joint  interstate  shipments  for  like  distances.     Same. 

316 


The  rates  established  by  commission  shall  go  into  effect 
within  ten  days  after  the  same  are  promulgated  by  commission 
and  from  and  after  that  time  the  schedules  of  rates  so  established 

1173  shall  be  prima  facie  evidence  in  all  the  courts  of  the  state  that 
such  rates  are  reasonable  through  rates  for  the  transportation  of 
freight  and  cars  upon  the  railroads  for  which  such  schedules 
shall  have  been  fixed.     Same. 

Before  the  promulgation  of  such  rates  or  rules  as  above  pro- 
vided, commission  shall  notify  the  common  carriers  interested  in 

1174  the  schedule  of  joint  rates  fixed  by  it  and  shall  give  said  common 
carriers  a  reasonable  time  thereafter  to  agree  upon  a  division  of 
charges  provided  for  in  such  schedule.     Same,  sec.  40. 

In  the  event  of  the  failure  of  the  common  carriers  to  agree 
upon  such  division  and  to  notify  commission  of  such  agreement 

1175  commission  shall  after  a  hearing  of  the  carriers  interested  decide 
the  same,  taking  into  consideration  the  value  of  terminal  facilities 
and  all  the  circtunstances  of  the  haul.     Same. 

The  division  so  determined  by  commission  shall  in  all  con- 

1176  troversies  or  suits  between  the  common  carriers  interested  be 
prima  facie  evidence  of  the  just  and  reasonable  division  of  such 
charges.     Same. 

See  also  par.  J42. 

TEXAS  A  provision  identical  with  par.  1130.    Sayles* 

1177  Civ.  Stats.  iSgy,  art.  4^62 (j). 

Also  a  provision  substantially  identical  with  par.    107 1. 

1178  Same,  art.  4^62(6). 

WASHINGTON  Whenever   commission   shall   be   of  opinion, 

after  hearing  had  upon  its  own  motion  or  upon  complaint,  that 
the  rates  and  charges  in  force  over  two  or  more  railroads  between 
any  two  points  in  the  state  are  unjust  or  unreasonable  or  excessive 
or  that  no  satisfactory  through  route  or  joint  rate  exists  between 
such  points  and  that  the  public  necessities  and  convenience  de- 

1179  mand  the  establishment  of  a  through  route  and  a  joint  rate 
between  such  points,  commission  may  order  such  railroads  to 
establish  such  through  route  and  may  establish  and  fix  a  joint 
rate  which  will  be  fair,  just,  reasonable  and  sufficient  to  be  fol- 
lowed, charged,  enforced,  demanded  and  collected  in  the  future. 
Laws  igii,  ch.  iiy,  sec.  57. 

Commission  may  order  that  carload  freight  moving  between 

1180  such  points  shall  be  carried  by  the  different  companies  parties  to 
such  through  route  and  joint  rate  without  being  transferred  from 
the  originating  cars.     Same. 

317 


In  case  no  agreement  exists  between  such  railroads  for  the 
interchange  of  cars,  then  commission  before  making  such  order 

1181  shall  make  rules  for  the  expeditious  and  safe  return  and  proper 
compensation  for  the  cars  so  loaded  by  the  company  or  com- 
panies receiving  the  same.     Same. 

Whenever  any  order  of  commission  shall  require  joint  action 
by  two  or  more  public  service  companies  such  order  shall  specify 
that  the  same  shall  be  made  at  their  joint  cost  and  the  companies 
affected  shall  have  30  days  or  such  further  time  as  commission 

1182  may  prescribe  within  which  to  agree  upon  the  part  or  division  of 
costs  which  each  shall  bear  and  costs  of  operation  and  main- 
tenance in  the  future  or  the  proportion  of  charges  or  revenue  each 
shall  receive  from  such  joint  service  and  the  jules  to  govern 
future  operations.     Same,  sec.  8j. 

If  at  the  expiration  of  such  time  such  companies  shall  fail  to 
file  with  commission  a  statement  that  an  agreement  has  been 
made  for  the  division  or  apportionment  of  such  cost,  the  division 
of  cost  of  operation  and  maintenance  to  be  incurred  in  the  future 

1183  and  the  proportion  of  charges  or  revenue  each  shall  receive  from 
such  joint  service  and  the  rules  to  govern  future  operations, 
commission  shall  have  authority  after  further  hearing  to  enter  a 
supplemental  order  fixing  the  proportion  of  such  cost  or  ex- 
penses to  be  borne  by  each  company  and  the  manner  in  which 
the  same  shall  be  paid  and  secured.     Same. 

WISCONSIN  Provisions  for  railroads  substantially  identical 

with  pars.  1061,  1062,  1063,  except  that  in  par.  1062  ''as  pro- 
vided in  sections  5667  and  5668  of  this  code"  reads  ''as  in  sec- 

1184  tion  12  of  this  act  provided."  Laws  190^,  ch.  362,  sec.  i797~ 
J 4(e);  Laws  1905,  sp.  sess.,  ch.  17.  sec.  iy9J-J4(j). 

See  also  pars.  1045,  1051. 

2.  Physical  Connection  of  Telephone  and  Telegraph  Companies. 

ARIZONA,  CALIFORNIA 

Whenever  commission,  after  a  hearing  had 
upon  its  own  motion  or  upon  complaint,  shall  find  that  a  physical 
connection  can  reasonably  be  made  between  the  lines  of  two  or 
more  telephone  corporations  or  two  or  more  telegraph  corpora- 
tions whose  lines  can  be  made  to  form  a  continuous  line  of  com- 
mimication^by^the  construction  and  maintenance  of  suitable  con- 

1  See  also  pars43337-a344- 

318 


nections  for  the  transfer  of  messages  or  conversations,  and  that 
public  convenience  and  necessity  will  be  subserved  thereby,  or 
shall  find  that  two  or  more  telegraph  or  telephone  corporations 
have  failed  to  establish  joint  rates,  tolls  or  charges  for  service  by 
1186  or  over  their  said  lines,  and  that  joint  rates,  tolls,  or  charges 
ought  to  be  established,  commission  may,  by  its  order,  require 
that  such  connection  be  made,  except  where  the  purpose  of  such 
connection  is  primarily  to  secure  the  transmission  of  local  mes- 
sages or  conversations  between  points  within  the  same  city,  or 
town,^  and  that  conversations  be  transmitted  and  messages 
transferred  over  such  connections  under  such  rules  and  regula- 
tions as  commission  may  establish,  and  prescribe  through  lines 
and  joint  rates,  tolls,  and  charges  to  be  made  and  to  be  used,  ob- 
served and  in  force  in  the  future.  Ariz. — Sess.  Laws  igi2,  ch. 
go,  sec.  40;  Col. — Stats,  igii,  ch.  14,  sec.  40. 

If  such  telephone  or  telegraph  corporations  do  not  agree 
upon  the  division  between  them  of  the  cost  of  such  physical  con- 
nection or  connections  or  the  divisions  of  the  joint  rates,  tolls,  or 

1186  charges  established  by  commission  over  such  through  lines,  com- 
mission shall  have  authority,  after  further  hearing,  to  establish 
such  division  by  supplemental  order.     Same. 

See  also  pars.  2jjy,  241^,  2418. 

KENTUCKY  Any  association  or  corporation  or  the  lessees 

or  managers  thereof,  organized  for  the  purpose,  or  any  individual, 
shall  have  the  right  to  construct  and  maintain  lines  of  telegraph 
within  this  state,  and  to  connect  the  same  with  other  lines,  and 
said  companies  shall  receive  and  transmit  each  other's  messages 
without  unreasonable  delay  or  discrimination,  and  all  such  com- 
panies are  hereby  declared  to  be  common  carriers  and  subject  to 
legislative  control.     Telephone  companies  operating  exchanges 

1187  in  different  towns  or  cities,  or  other  public  stations,  shall  receive 
and  transmit  each  other's  messages  without  unreasonable  delay 
or  discrimination.  The  general  assembly  shall,  by  general  laws 
of  imiform  operation,  provide  reasonable  regulations,  to  give  full 
effect  to  this  section.     Nothing  herein  shall  be  construed  to  inter- 

-  fere  with  the  rights  of  cities  or  towns  to  arrange  and  control  their 
streets  and  alleys  and  to  designate  the  places  at  which,  and  the 
manner  in  which  the  wires  of  such  companies  shall  be  erected  or 
laid  within  the  limits  of  such  city  or  town.     Const.,  sec.  igg. 

LOUISIANA  See  pars.  1108,  nog,  iiio. 

1  Include  "  city  and  county  "  in  California. 


MICHIGAN  Whenever  application  shall  be  made  to  com- 

.  mission  by  any  party  in  interest  to  order  the  physical  connection 
of  any  local  telephone  exchange,  operated  'by  any  person,  co- 
partnership or  corporation,  with  the  local  telephone  exchange 
operated  by  any  other  person,  copartnership  or  corporation  in 
the  same  city  or  village,  commission  shall  give  due  notice  to  the 
respective  persons,  co-partnerships  or  corporations  owning  such 
telephone  exchanges  of  a  hearing  to  be  had  upon  such  applica- 
tion; and,  after  such  hearing  and  such  other  investigation  made 
either  by  itself  or  its  servants  and  agents,  said  commission  shall 
determine,  by  its  order  duly  made  and  entered  upon  its  records, 
whether  or  not  such  physical  connection  is  required  by  the  public 
necessity  or  convenience  in  the  case  brought  before  it  by  such  ap- 
plication. If  commission  shall  decide  that  such  connection  is  so 
required,  the  telephone  companies  affected  by  such  order  shall 
furnish  and  maintain  all  reasonable  and  proper  facilities  for  the 
interchange  of  service  between  tReir  respective  exchanges  affected 
by  such  order,  including  all  necessary  tnmk  lines,  switchboards, 
wires,  aerial  or  cable,  crossarms,  poles  or  other  fixtiu-es;  all 
necessary  construction,  maintenance  and  equipment  to  be  built 
and  maintained  in  such  manner,  under  such  rules,  and  with  such 
division  of  expense  and  labor  as  shall  or  may  be  required  or  pro- 
vided by  commission.  Every  telephone  corporation  affected  by 
such  order  is  hereby  required  to  perform  switching  service  for  any 
other  telephone  corporation  similarly  affected  by  connecting  its 
lines  temporarily  with  the  lines  of  the  other  telephone  corpora- 
tion, providing  for  the  direct  transmission  of  messages  between 
subscribers,  and  shall  request  the  connection  of  its  lines  with  the 
lines  of  the  other  telephone  corporation  on  request  of  any  of  its 
subscribers.  Any  telephone  corporation  which  is  required  to 
perform  switching  service  for  another  telephone  corporation  under 

1188  the  terms  of  such  an  order  may  demand  and  receive  as  compen- 
sation for  such  service  the  sum  of  five  cents  per  message  in  ad- 
dition to  the  regular  service  charge,  if  any.  The  telephone  cor- 
poration on  whose  line  or  lines  messages  originate  shall  be  re- 
sponsible to  and  make  settlement  with  the  terminal  companies 
performing  the  switching  service  for  it  on  its  request,  and  may 
demand  and  receive  from  its  subscribers  a  fee  of  five  cents  per 
message  in  addition  to  the  regular  service  charge  if  any  for  all 
messages  sent  by  it  to  other  telephone  companies  on  request  of 
such  subscribers  in  accordance  with  the  provisions  of  this  act. 
Whenever  a  subscriber  of  any  telephone  company  affected  by 

320 


such  order  of  commission  desires  to  talk  with  a  subscriber  of  an- 
other telephone  corporation  so  affected,  who  is  connected  with 
an  exchange  other  than  that  in  the  city,  village  or  township  in 
which  the  message  originates,  the  switching  service  between  the 
companies  shall  be  done  at  whatever  point  may  be  designated  by 
commission.  The  company  at  whose  exchange  messages  of  this 
kind  originate  may  demand  and  receive  from  its  subscribers  the 
charge  for  switching  service  as  provided  above  in  addition  to  the 
regular  toll  charges  of  the  companies  over  whose  line  or  lines  or 
affiliated  line  or  lines  the  messages  are  sent;  and  the  division  of 
commissions  and  toll  charges  shall  be  made  between  the  companies 
in  such  proportion  as  said  commission  may  designate.  Provided, 
that  the  provisions  of  this  section  in  regard  to  switching  charges 
shall  not  apply  when  two  or  more  competing  companies  in  any 
locality  shall  merge  or  consolidate  their  property  and  business  in 
such  locality  under  the  direction  of  said  commission,  or  when  one 
competing  company  shall  sell  or  lease  its  plant,  property  and  busi- 
ness to  another  company  in  the  same  locality,  such  merger,  con- 
solidation, sale  or  lease,  if  with  the  approval  of  commission  being 
hereby  declared  lawful.  Commission  may  make  all  such  reason- 
able rules  or  orders  as  may  be  reasonable  or  necessary  to  carry 
out  the  intent  of  the  provisions  of  this  section,  and  refusal  to 
obey  such  rules,  orders  or  provisions  of  this  section  shall  be  un- 
lawful.    Puh.  Acts  igii,  no.  ij8,  sec.  6. 

MISSISSIPPI  See  par.  1128. 

NEVADA  See  par.  1141. 

NEW  MEXICO  All  telephone  and  telegraph  lines,  operated  for 

hire,  shall  receive  and  transmit  each  other's  messages  without 

1189  delay  or  discrimination,  and  make  and  maintain  connections  with 
each  other's  lines,  under  such  rules  and  regulations  as  may  be 
prescribed  by  commission.     Const.,  art.  xi.,  sec.  16. 

NEW  YORK  Commission  may  by  order  require  any  two  or 

more  telegraph  corporations  whose  lines  form  a  continuous  line  of 
communication  or  could  be  made  to  do  so  by  the  construction  and 
maintenance  of  suitable  connections  or  transfer  of  messages  at 
common  points  between  different  localities  which  are  not  reached 

1190  by  the  line  of  either  company  alone,  to  establish  through  lines 
between  two  or  more  such  localities  and  joint  rates  or  charges  for 
service  by  or  over  said  lines  as  commission  may  by  its  order 
prescribe.     Laws  igio,  ch.  480,  sec.  gyij). 

In  case  such  through  lines  and  joint  rates  be  not  established 

321 


by  the  corporations  named  in  any  such  order  within  the  time 
therein  specified,  commission  may  by  order  establish  the  same 

1191  and  fix  the  just  and  reasonable  rates  and  charges  to  be  charged 
for  such  through  service  and  declare  the  portion  thereof  to  which 
each  of  the  corporations  affected  thereby  shall  be  entitled  and  the 
manner  in  which  the  same  shall  be  seciured  and  paid.     Same. 

OHIO  Commission  may,  upon  complaint  in  writing 

by  any  person  or  on  its  own  initiative  by  order,  require  any  two  or 
more  telephone  companies  whose  lines  or  wires  form  a  continuous 
line  of  communication  or  could  be  made  to  do  so  by  the  construc- 
tion and  maintenance  of  suitable  connections  or  the  joint  use 

1192  of  equipment  or  the  transfer  of  messages  at  common  points  be- 
tween different  localities  which  cannot  be  communicated  with  or 
reached  by  the  lines  of  either  company  alone,  where  such  service 
is  not  already  established  or  provided  for  unless  public  necessity 
requires  additional  service,  to  establish  and  maintain  through 
lines  within  the  state  between  two  or  more  such  localities.  Laws 
igii,  no.  j2^,  sec.  66. 

The  joint  rate  or  charges  for  such  service  shall  be  just  and 
reasonable  and  commission  may  establish  the  same  and  declare 

1193  the  portion  thereof  to  which  each  company  affected  thereby 
shall  be  entitled  and  the  manner  in  which  the  same  shall  be  se- 
cured and  paid.     Same. 

All  necessary  construction,  maintenance  and  equipment  in 
order  to  establish  such  service,  shall  be  constructed  and  main- 

1194  tained  in  such  manner  and'imder  such  rules  with  such  divisions  of 
expense  and  labor  as  shall  or  may  be  required  by  commission. 
Same. 


OKLAHOMA  All  telephone  and  telegraph  lines,  operated  for 

hire,  shall  each  respectively  receive  and  transmit  each  other's 
messages  without  delay  or  discrimination,  and  make  physical  con- 

1196  nection  with  each  other's  lines,  imder  such  rules  and  regulations 
as  shall  be  prescribed  by  law,  or  by  any  commission  created  by 
this  constitution  or  act  of  the  legislature  for  that  purpose. 
Const.,  art.  ix,  sec.  5. 

SOUTH  CAROLINA  Commission  shall  require  reasonable  connec- 
tions to  be  made  and  maintained,  when  practicable,  between 
lines,  stations,  or  exchanges  for  the  transmission  of  intelligence 
for  hire  and  fix  and  regulate  reasonable  rates,  tolls,  or  compen- 

ii96  sation  therefor,  and  also  require  reasonable  connections  to  be 
made  and  maintained,  when  practicable,  between  any  such  lines, 

^22 


stations  or  exchanges,  and  the  lines  or  stations  or  stations  of 
private  individuals,  firms  or  corporations  desiring  such  connec- 
tions.    Laws  igo4,  no.  281,  sec.  i. 

SOUTH  DAKOTA  Every  telephone  company  shall  connect  its 
lines  with  the  lines  of  any  other  telephone  company  doing  business 
in  the  same  vicinity,  that  makes  application  therefor,  and  shall 
afford  all  reasonable  and  proper  facilities  for  the  interchange 
and  switching  of  messages  between  lines,  for  a  reasonable  com- 
pensation and  without  discrimination,  and  under  such  rules  and 

1197  regulations  as  commission  may  prescribe.  Provided,  that  mes- 
sages originating  on  any  line  shall  have  preference  over  messages 
originating  on  competing  lines.  Provided,  that  the  maximum 
charges  for  switching  shall  not  exceed  25  cents  per  month  for 
each  instnmient  on  any  rural  party  line  so  connected.  Sess. 
Laws  igog,  ch.  28g,  sec.  8.      , 

Commission  shall  have  jurisdiction  to  compel  the  connection 
of  different  telephone  lines  in  the  state  of  South  Dakota.  Any 
telephone  company  desiring  its  lines  to  connect  with  any  other 
company's  line  or  exchange  shall,  whenever  such  connection  shall 
be  refused,  make  application  to  commission.  Provided,  however, 
that  when  any  telephone  line  shall  be  constructed  to  the  corpo- 
rate limits  of  any  city,  town  or  village  and  shall  be  denied  the 
privilege  to  construct  its  telephone  line  within  such  corporate 
limits  commission  may,  in  its  discretion,  compel  the  construction 
of  such  connections  by  such  company  or  companies  interested 
therein  and  the  expense  of  §uch  construction  and  connection  shall 

1198  be  borne  by  the  companies  interested;  in  such  manner  as  com- 
mission shall  determine.  Upon  receipt  of  such  application 
commission  shall  ascertain  the  facts  in  the  case  and  if  in  their 
judgment  the  public  service  demands  said  connection  and  the  lines 
of  the  applicant  are  in  proper  condition,  said  commission  shall 
order  such  connections  to  be  made,  and  shall  apportion  the  ex- 
pense thereof.  Provided,  however,  that  no  wire  shall  be  com- 
pelled to  connect  except  at  exchanges  or  station  points.  Nothing 
in  this  act  shall  be  construed  to  prevent  any  telephone  company, 
from  connecting  its  line  or  lines  with  any  other  telephone  com- 
pany's line  or  lines  by  mutual  consent.  Sess.  Laws  igii,  ch. 
218,  sec.  5; 

See  also  pars.  1161,  1162,  ii6j,  1165,  1167,  1168,  ii6g, 
1170,  1174,  1^75^  ^^7^^  2431. 

WASHINGTON  Whenever  commission  shall  find  that  any  two 

or  more  telephone  companies  whose  lines  form  a  continuous  line  of 

323 


commimication  or  could  be  made  to  do  so  by  the  construction  and 
maintenance  of  suitable  connections  for  the  transfer  of  mes- 
sages or  conversations  at  common  points  between  different 
localities  which  are  not  reached  by  the  line  of  either  company 
alone  and  that  such  connections  or  facilities  for  the  transfer  of 
messages  or  conversations  at  common  points  can  reasonably  be 
1199  made  and  efficient  service  obtained  and  that  a  necessity  exists 
therefor  or  shall  find  any  two  or  more  telegraph  or  telephone 
companies  have  failed  to  establish  joint  rates  or  charges  for  serv- 
ice by  or  over  their  said  lines  and  that  joint  rates  or  charges 
ought  to  be  established,  commission  may  by  its  order  require 
such  connections  to  be  made  and  that  conversations  be  trans- 
mitted and  messages  transferred  and  prescribed  through  lines  and 
joint  rates  and  charges  to  be  made  and  to  be  used,  observed  and 
in  force  in  the  future  and  fix  the  same  by  order  to  be  served 
upon  the  company  or  companies  affected.  Laws  igii,  ch.  117, 
sec.  73. 

See  also  pars.  1182,  ii8j. 


WISCONSIN  Every  utility  for  the  conveyance  of  telephone 

messages  shall  permit  a  physical  connection  or  connections  to  be 
made,  and  telephone  service  to  be  furnished,  between  any  tele- 
phone system  operated  by  it,  and  the  telephone  toll  line  operated 
by  another  such  public  utility,  or  between  its  toll  line,  and  the 
telephone  system  of  another  such  public  utility,  or  between  its 
toll  line  and  the  toll  line  of  another  such  public  utility,  or  be- 
tween its  telephone  system  and  ^e  telephone  system  of  another, 
such  public  utility,  whenever  public  convenience  and  necessity 

1200  require  such  physical  connection  or  connections,  and  such  physics 
connection  or  connections  will  not  resiilt  in  irreparable  injury 
the  owners  or  other  users  of  the  facilities  of  such  public  utilities^ 
nor  in  any  substantial  detriment  to  the  service  to  be  rendered  b] 
such  public  utilities.     The  term  ''physical  connection,"  as  us 
in  this  section,  shall  mean  such  number  of  trunk  lines  or  complet 
wire  circuits  and  connections  as  may  be  required  to  furnish  rea-j 
sonably  adequate  telephone  service  between  such  public  utilitiesJ 
Laws  igo7,ch.4Qg,sec.  iyg7m-4,  as  amended  by  Laws  igii,  ch.  546]^ 

In  case  of  failiire  to  agree  upon  such  physical  connection 
connections  or  the  terms  and  conditions  upon  which  the  sam^ 
shall  be  made,  any  public  utility  or  any  person,  association 
corporation  interested  may  apply  to  commission,  and  if  after  in^ 
vestigation  commission  shall  ascertain  that  public  convenienc 
and  necessity  require  such  physical  connection  or  connections  an< 

324 


that  such  physical  connection  or  connections  woiild  not  result  in 

1201  irreparable  injury  to  the  owner  or  other  users  of  the  facilities  of 
such  public  utilities  nor  in  any  substantial  detriment  to  the  serv- 
ice to  be  rendered  by  such  public  utilities  or  other  users  of  such 
facilities,  it  shall  by  order  direct  that  such  physical  connection  or 
connections  be  made  and  determine  how  and  within  what  time 
such  connection  or  connections  shall  be  made  and  by  whom  the 
expense  of  making  and  maintaining  such  connection  or  con- 
nections shall  be  paid.     Same. 

Such  physical  connection  or  connections  so  ordered  shall  be 
made  and  such  terms  and  conditions  upon  which  such  physical 
connection  or  connections  shall  be  made  so  determined  shall  be 
the  lawful  terms  and  conditions  upon  which  physical  connection 

1202  or  connections  shall  be  made,  to  be  observed,  followed  and  paid, 
subject  to  recourse  to  the  courts  upon  the  complaint  of  any  in- 
terested party.  Any  such  order  of  commission  may  be  from 
time  to  time  revised  by  commission  upon  application  of  any  in- 
terested party  or  upon  its  own  motion.     Same. 

Whenever  two  or  more  public  utilities  for  the  conveyance 
of  telephone  messages  shall  connect  in  furnishing  joint  telephone 
service  to  the  public  or  shall  be  required  to  furnish  such  service  as 

1203  provided  in  section  i797m-4,  and  shall  refuse  or  neglect  to  estab- 
lish joint  toll  or  tolls,  commission  may  after  notice  and  a  public 
hearing,  as  provided  in  sections  i797m-44  and  i797m-45,  fix  and 
establish  by  order  such  joint  toll  or  tolls.  Same,  sec.  ijgjm-;^o 
{2),  as  amended  by  Laws  igii,  ch.  546. 

If  the  public  utilities  party  thereto  shall  fail  to  agree  upon 
the  apportionment  thereof  within  20  days  after  the  service  of  such 

1204  order,  commission  may  upon  a  like  hearing  issue  a  supplemental 
order  declaring  the  apportionment  of  such  joint  toll  or  tolls  and 
the  same  shall  take  effect  of  its  own  force  as  part  of  the  original 
order.     Same. 

J.  Street  Railway  Transfers. 

ARIZONA,  CALIFORNIA 

No  street  or  interurban  railroad  corporation 
shall  charge,  demand,  collect  or  receive  more  than  five  cents  for 
one  continuous  ride  in  the  same  general  direction  within  the  cor- 
porate limits  of  any  city  or  town,^  except  upon  a  showing  before 
commission  that  such  greater  charge  is  justified;  provided,  that 

1205  until  the  decision  of  commission  upon  such  showing,  a  street  or 

'  Include  "  city  and  county"  in  California. 


interurban  railroad  corporation  may  continue  to  demand,  col- 
lect, and  receive  the  fare  in  effect  on  February  14,  191 2  (Cal. — 
October  io,i9ii),orat  the  time  commission  acquires  as  to  such 
corporation  the  power  to  fix  fares  within  such  city  or  town. 
Ariz.' — Sess.  Laws  igi2,  ch.  go,  sec.  27;  Cal. — Laws  igii,  ist. 
ex.  sess.,  ch.  14,  sec.  27. 

Every  street  or  interurban  railroad  corporation  shall  upon 
such  terms  as  commission  shall  find  to  be  just  and  reasonable 
furnish  to  its  passengers  transfers  entitling  them  to  one  contin- 

1206  uous  trip  in  the  same  general  direction  over  and  upon  the  por- 
tions of  its  lines  within  the  same  city  and  county,  or  city  or  town, 
not  reached  by  the  originating  car.     Same. 

NEW  YORK      ,  Whenever  commission  shall  be  of  the  opinion 

after  a  hearing  that  the  practices  and  service  and  the  rules  and 
regulations  affecting  the  same,  of  any  street  railroad  corporation 
are  as  to  the  transportation  upon  the  street  surface  railroads  of 
said  corporation  by  use  of  transfers  given  to  each  passenger  pay- 
ing one  single  fare,  unjust  and  imreasonable,  either  as  to  persons 
transported  upon  said  street  surface  railroads  or  as  to  any  such 
street  railroad  corporations,  commission  shall  determine  and 
prescribe  by  order  the  just  and  reasonable  service  and  rules  and 
regulations  affecting  the  same  thereafter  to  be  maintained  and 
observed  by  said  street  railroad  corporation  (a)  as  to  the  dis- 
tance over  which  a  passenger  shall  by  such  transfer  be  trans- 
ported by  it  upon  said  street  surface  railroad  for  a  single  fare;  (b) 

1207  the  nimiber  of  successive  transfers  to  be  given  by  it  to  a  passen- 
ger paying  one  single  fare  for  transportation  over  said  street  sur- 
face railroads  and  (c)  as  to  the  prompt  use  by  each  passenger  of 
such  transfer  given  him  for  one  single  fare  paid  by  him  in  making 
his  continuous  trip  over  said  street  surface  railroads.  And  it  shall 
thereupon  be  the  duty  of  every  such  street  railroad  corporation 
to  obey  each  requirement  of  every  such  order  served  upon  it  and 
do  everything  necessary  and  proper  in  order  to  secure  compliance 
with  and  observance  of  every  such  order  by  all  of  its  officers, 
agents  and  employes.  But  nothing  herein  contained  shall 
affect  or  modify  the  terms  of  a  certain  contract  bearing  date 
January  i,  1892,  entered  into  by  and  between  the  city  of  Buffalo 
and  the  various  street  surface  railroad  corporations  therein 
named  in  said  contract.     Laws  igio,  ch.  480,  sec.  4g{6). 

Until  and  except  as  commission  shall  otherwise  prescribe  as 
to  any  street  railroad  corporation  or  corporations  pursuant  to 
the  provisions  of  this  chapter,  every  street  vSurface  railroad  cor- 

326 


poration  entering  into  a  contract  with  another  such  corporation 
as  provided  in  section  78  of  the  railroad  law  shall  carry  or  permit 

1208  any  other  party  thereto  to  carry  between  any  two  points  on  the 
railroads  or  portions  thereof  embraced  in  such  contract  any 
passenger  desiring  to  make  one  continuous  trip  between  such 
points  for  one  single  fare,  not  higher  than  the  fare  lawfully 
chargeable  by  either  of  such  corporations  for  an  adult  passenger. 
Same,  sec.  4Q(y). 

Every  such  corporation  shall  upon  demand,  and  without 
extra  •  charge,  give  to  each  passenger  paying  one  single  fare  a 
transfer  entitling  such  passenger  to  one  continuous  trip  to  any 

1209  point  or  portion  of  any  railroad  embraced  in  such  contract,  to  the 
end  that  public  convenience  may  be  promoted  by  the  operation 
of  the  railroads  embraced  in  such  contract  substantially  as  a 
single  railroad  with  a  single  rate  of  fare.     Same. 

■    For  every  refusal  to  comply  with  the  requirements  of  this 

1210  subdivision  the  corporation  so  refusing  shall  forfeit  $50  to 
the  aggrieved  party.     Same. 

The  provisions  of  this  subdivision  shall  only  apply  to  rail- 

1211  roads  wholly  within  the  limits  of  any  one  incorporated  city  or 
village.     Same. 

See  also  par.  11 48. 

WASHINGTON  No  street  railroad  company  shall  charge,  de- 

mand or  collect  more  than  five  cents  for  one  continuous  ride 

1212  within  the  corporate  limits  of  any  city  or  town.  Laws  igii,  ch. 
11'/,  sec.  25. 

Every  street  railroad  company  shall  upon  such  terms  as 
shall  be  just  and  reasonable,  furnish  to  its  passengers  transfers 

1213  entitling  such  passengers  to  one  continuous  trip  over  and  upon 
portions  of  its  lines  within  the  same  city  or  town  not  reached  by 
the  originating  car.     Same. 

WISCONSIN  Whenever  upon  an  investigation  made  under 

the  provisions  of  this  act,  commission  shall  find  any  regulation  or 
practice  with  respect  to  the  issuing  of  transfers  by  any  street  or 
interurban  railway  company  to  be  unreasonable,  it  shall  deter- 

1214  mine  and  by  order  fix  a  reasonable  regulation  to  be  observed  and 
followed  in  the  future,  in  lieu  of  the  regulation  found  to  be  un- 
reasonable. A  certified  copy  of  such  order  shall  be  delivered  to  an 
officer  or  agent  of  the  street  or  interurban  railway  company 
affected  thereby.     Laws  igog,  ch.  J48,  sec.  iygy-i4{g). 


327 


E.  AUTHORITY  OF  COMMISSION  AND 
DUTY  OF  UTILITIES  WITH  RESPECT 
TO  THE  ESTABLISHMENT  AND 
CHANGE  OF  PARTICULAR  RATES 
AND  CHARGES. 

I.     Interstate  Rates. 

ARIZONA,    CALIFORNIA 

Commission  may  investigate  all  existing  or 
proposed  interstate  rates,  fares,  tolls,  charges  and  classifications, 
and  all  rules  and  practices  in  relation  thereto,  for  or  in  relation  to 
the  transportation  of  persons  or  property  or  the  transmission  of 
messages  or  conversations,  where  any  act  in  relation  thereto  shall 
1216  take  place  within  the  state;  and  when  the  same  are  in  the  opinion 
of  commission,  excessive  or  discriminatory  or  in  violation  of  the 
act  to  regulate  commerce,  or  of  any  other  act  of  congress,  or  in 
conflict  with  the  rulings,  orders  or  regulations  of  the  interstate 
commerce  commission,  commission  may  apply  by  petition  or 
otherwise  to  the  interstate  commerce  commission  or  to  any  court 
of  competent  jurisdiction  for  relief.  Ariz. — Sess.  Laws  igi2,  ch. 
go,  sec.  24i  Cal. — Stats,  igii,  ist.  ex. sess.,  ch.  14,  sec.  34. 

ARKANSAS  Commission  shall  have  power,  and  it  is  here- 

by made  its  duty,  to  investigate  all  through  freight  rates  and 
regulations  on  railroads  in  Arkansas;  and  when  the  same  are, 
in  the  opinion  of  commission,  excessive  or  levied  in  violation  of 
the  interstate  commerce  law,  or  the  rules  and  regulations  of  the 

1216  interstate  commerce  commission,  the  officials  of  the  railroads 
are  to  be  notified  of  the  facts  and  requested  to  reduce  them  or 
make  the  proper  correction  as  the  case  may  be.  When  the  rates 
are  not  changed  or  the  proper  corrections  are  not  made,  accord- 
ing to  the  request  of  commission,  the  latter  is  instructed  to 
notify  the  interstate  commerce  commission,  and  to  apply  to  it 
for  relief.    Acts  igoy,  no.  422,  sec.  2. 

FLORIDA  Commission  shall  investigate  thoroughly  all 

through  freight  rates  from  points  out  of  to  points  in  the  state, 

1217  both  those  now  fixed  and  those  that  may  hereafter  be  fixed. 
Gen.  Stats.  igo6,  sec.  28g8. 

Whenever  commission  finds  that  a  through  rate  charged  into 
or  out  of  the  state  is,  in  its  opinion,  excessive  or  unreasonable  or 

1218  discriminating  in  its  nature,  it  shall  call  the  attention  of  the  rail- 

328 


road  officials  in  the  state  to  the  fact  and  urge  upon  them  the 
propriety  of  changing  such  rate  or  rates.     Same, 

Whenever  such  are  not  changed  according  to  the  suggestion 

1219  of  commission,  it  shall  present  the  facts,  whenever  it  can  be  done, 
to  the  interstate  commerce  commission  and  appeal  to  it  for  relief. 
Same. 

In  all  work  devolving  upon  commission  prescribed  by  this 
act  it  shall  receive  upon  application  the  services  of  the  attorney 
genq^al  of  the  state,  and  he  shall  also  represent  it  whenever 

1220  called  upon  to  do  so  before  the  interstate  commerce  commission, 
and  he  may  employ  special  counsel  to  assist  him  whenever  he 
and  commission  may  deem  it  necessary,  and  at  such  compensation 
as  he  and  commission  may  agree  upon.     Same. 

Commission  shall  investigate  all  through  rates  from  points 
out  of  to  points  in  the  state  and  all  rules  and  regulations  made  by 

1221  transportation  companies  engaged  in  interstate  business,  both 
those  now  fixed  and  those  that  may  hereafter  be  fixed.  Same, 
sec.  2g2^. 

Whenever  any  such  transportation  company  shall  charge 
a  through  rate  into  or  out  of  the  state  or  shall  make  any  rule  or 
regulation  which  in  the  opinion  of  commission  is  excessive,  unjust, 

1222  unreasonable  or  discriminating  in  its  nature,  commission  shall  call 
the  attention  of  the  officers  of  the  offending  company  to  the  fact, 
and  urge  upon  them  the  propriety  of  changing  such  rates,  rules 
or  regulations.     Same. 

Whenever  such  rates,  rules  or  regulations  are  not  changed 
according  to  the  suggestion  of  commission,  commission  shall 

1223  present  the  facts  to  the  interstate  commerce  commission  and 
appeal  to  it  for  relief.     Same. 

In  all  work  devolving  upon  commission  prescribed  herein  it 
shall  receive  upon  application  the  services  of  the  attorney  general 
of  the  state,  and  he  shall  also  represent  it  whenever  called  upon 
to  do  so  before  the  interstate  commerce  commission,  and  he  may 

1224  employ  such  special  counsel  to  assist  him  as  he  and  commission 
may  agree  upon,  whenever  he  or  commission  may  deem  it  neces- 
sary, and  at  such  compensation  as  he  and  commission  may  agree 
upon  and  commission  may  employ  special  counsel  to  assist  him 
whenever  it  may  deem  it  necessary,  and  at  such  compensation  as 
he  and  commission  may  agree  upon.     Same. 

GEORGIA  Commission  shall  investigate  thoroughly  all 

through  freight  rates  from  points  out  of  to  points  in  the  state,  and 

1225  from  points  in  to  points  out  of  the  state.    Code  igii,  sec.  2645. 

329 


Also  provisions  identical  with  pars.  1218,  12 19.    Same,  sees. 

1226  2646,  2647. 

In  all  such  work  devolving  upon  commission,  it  shall  receive, 

1227  upon  application,  the  services  of  the  attorney  general  of  the 
state,  and  he  shall  also  represent  it,  whenever  called  upon  to  do 
so,  before  the  interstate  commerce  commission      Same,  sec.  2648. 

INDIANA  When  on  the  complaint  of  any  interested  per- 

son or  corporation,  commission  shall,  on  the  investigation  of  such 
complaint  be  convinced  that  the  freight  rates  on  any  railroad,  en- 
gaged in  interstate  commerce  are  excessive  or  levied  or  laid 

1228  in  violation  of  the  interstate  commerce  law  or  the  rules  and  reg- 
ulations of  the  interstate  commerce  commission  the  superintend- 
ent, agent  or  other  official  of  the  said  railroad  companies  shall  be 
notified  in  writing  of  the  facts  and  requested  to  reduce  or  correct 
them,  as  the  case  may  be.     Acts  igoy,  ch.  241,  sec.  io{c). 

When  the  rates  are  not  changed  or  the  proper  corrections 
are  not  made  according  to  the  request  of  commission,  the  latter 

1229  may  notify  the  interstate  commerce  commission  and  apply  to  it 
for  relief.     Same. 

IOWA  Commission  shall  exercise  constant  diligence 

in  informing  itself  of  the  rates,  charges,  rules  and  practices  of 

1280  common  carriers  engaged  in  the  transporation  of  freight  from 
points  in  the  state  to  points  beyond  its  limits,  and  from  points  in 
other  states  to  points  in  the  state,  also  in  territory  wholly  outside 
the  state.     Code  i8g^,  sec.  2120(a). 

Whenever  it  shall  come  to  the  knowledge  of  commission 
either  from  its  own  investigation  or  by  complaint  made  to  it 
in  any  manner  whatsoever  that  the  rates  charged  by  any  com- 
mon carrier  on  interstate  business  are  unjust  or  unreasonable,  or 
that  such  rates,  rules  or  practices  discriminate  unjustly  against 
the  citizens,  industries  or  interests  of  the  state  at  an  unreason- 

1231  able  disadvantage  as  compared  with  those  of  other  states,  or  are 
levied  or  laid  in  violation  of  the  act  to  regulate  commerce,  or 
in  conflict  with  the  rulings,  grders  or  regulations  of  the  inter- 
state commerce  commission,  the  commission  shall  immediately 
call  the  attention  of  the  officials  of  railroads  operating  in  the 
state  to  the  fact  and  urge  upon  them  the  propriety  of  changing 
such  rate  or  rates,  rules  or  practices.     Same. 

Whenever  such  rates,  rules  or  practices  are  not  changed  or 
adjusted  so  as  to  remove  or  remedy  such  discrimination  within  a 
reasonable  time,  commission  shall,  whenever  it  can  be  legally 

330 


1232  done,  present  the  facts  involved  in  such  discrimination,  to  the 
interstate  commerce  commission  and  appeal  to  it  for  relief. 
Same,  sec.  2120(b). 

Thereafter  if  deemed  necessary   by   commission,   it   shall 

1233  prosecute  any  charge  or  charges  growing  out  of  any  such  dis- 
crimination at  the  expense  of  the  state  before  said  interstate 
commerce  commission.     Same. 

1234  Also  a  provision  identical  with  par.  1227.    Same,  sec.  2120(c). 

KANSAS  Commission    shall    investigate    all    through 

1235  freight  rates  on  railroads  in  the  state.    Gen.  Stats,  igog,  sec.  7173. 

When  the  same  are  in  the  opinion  of  commission  excessive, 
or  levied  in  violation  of  the  interstate  commerce  law  or  the  rules 

1236  and  regulations  of  the  interstate  commerce  commission,  the 
officials  of  such  railroad  shall  be  notified  of  the  facts  and  re- 
quested to  reduce  the  rates  or  make  the  proper  corrections,  as 
the  case  may  be.     Same. 

When  the  rates  are  not  changed  or  the  proper  corrections 

1237  are  not  made,  according  to  the  request  of  commission,  the  latter 
shall  notify  the  interstate  commerce  commission,  and  apply  to  it 
for  relief  by  filing  a  complaint.     Same. 

All  cases  commenced  before  the  interstate  commerce  com- 
mission under  the  authority  conferred  by  this  section  shall  be 

1238  brought  in  the  name  of  the  Board  of  Railroad  Commissioners  of 
the  State  of  Kansas,  by  the  attorneys  for  commission,  and  all 
such  cases  shall  be  prosecuted  at  the  expense  of  the  state.     Same. 

Commission  may  intervene  in  any  case  pending  before  the 
interstate  commerce  commission  in  which  interstate  rates  affect- 

1239  ing  the  interests  of  Kansas  shippers  are  involved.     Same,  sec. 

If  any  interstate  rate,  joint  rate,  fare,  toll,  charge,  rule  or 
regulation,  classification  or  schedule  of  rates,  joint  rates,  fares  or 
tolls,  is  found  to  be  unjust,  unreasonable,  excessive,  unjustly  dis- 

1240  criminatory,  or  unduly  preferential,  or  in  violation  of  the  inter- 
state commerce  law,  or  in  conflict  with  the  rules,  orders  or  regu- 
lations of  the  interstate  commerce  commission,  commission  may 
apply  by  petition  or  other  proper  method  to  the  interstate  com- 
merce commission  for  relief.     Laws  igii,  ch.  2j8,  sec.  43. 

KENTUCKY  Commission  shall  examine  all  through  freight 

1241  rates  from  points  out  of  to  points  within  the  state.  CarrolVs 
Stats,  igog,  sec.  826. 

1  Said  commission  is  hereby  empowered  and  directed  to  pay  all  expense  of  investi- 
gation and  prosecution  of  litigation  instituted  under  the  provisions  of  this  act  out  of  the 
contingent  undof  said  commission.    Gen.  Stats,  igog,  sec.  7254- 


1242  Also  a  provision  identical  with  par.  12 18.    Same. 

When  such  rates  are  not  changed  commission  shall  present 

1243  the  facts  to  the  interstate  commerce  commission  and  appeal  for 
relief.     Same. 

Commission  shall  receive  upon  application  the  services  of  the 

1244  attorney  general  of  the  state.     Same. 

LOUISIANA  Commission  shall  appear  through  any  of  its 

commissioners  or  its  secretary  or  by  duly  authorized  attorney 
before  the  interstate  commerce  commission  at  Washington,  D. 

1246  C,  or  at  any  other  place  where  the  said  interstate  commerce 
commission  might  be  holding  a  session  whenever  in  the  judgment 
of  commission  the  interests  of  shippers  or  consignees  in  the  state 
may  require  it.     Stats.  igo6,  no.  igj,  sec.  i. 

MARYLAND  Commission  may  investigate  freight  rates  on 

1246  interstate  traffic  of  common  carriers  within  the  state.  Laws 
iQio,  ch.  i8o,  sec.  2Q. 

When  such  rates  are,  in  the  opinion  of  commissidh,  excessive 
or  discriminatory,  or  are  levied  or  laid  in  violation  of  the  inter- 
state commerce  law,  or  in  conflict  with  the  rulings,  orders  or  regu- 
lations of  the  interstate  commerce  commission,  commission  may 

1247  apply  by  petition  to  the  interstate  commerce  commission,  for 
relief,  or  may  present  to  the  interstate  commerce  commission  all 
facts  coming  to  its  knowledge,  as  to  violations  of  the  rulings, 
orders  or  regulations  of  that  commission,  or  as  to  violations  of  the 
interstate  commerce  law.     Same. 

MINNESOTA  Whenever  in  any  proceeding  pending  before 

commission  relating  to  or  involving  the  reasonableness  of  rates, 
fares,  charges  or  classifications,  commission  shall  decide  that  it 
has  not  jurisdiction  for  the  reason  that  the  traffic  covered  by  such 
rates,  fares,  charges  and  classifications  is  interstate  commerce,  it 
shall  make  an  order  dismissing  the  proceeding,  stating  therein 

1248  the  ground  of  such  dismissal,  which  order  may  be  appealed  from 
in  like  manner  as  other  appealable  orders  of  commission.  And  if 
in  any  such  proceeding,  one  of  the  commissioners  shall  dissent 
from  the  order  of  dismissal,  the  question  of  its  jurisdiction  shall  be 
certified  to  the  district  court  of  a  coimty  to  which  an  appeal 
might  be  taken,  and  thereupon  commission  shall  notify  all  parties 
to  the  proceeding  of  such  certification,  stating  the  coimty  and 
date  thereof.     Rev.  Laws  igo^,  sec.  1973. 

Whenever  a  resident  of  the  state  shall  file  with  commission  a 
petition  directed  to  the  interstate  commerce  commission  charging 

332 


any  railroad  company  or  other  common  carrier  engaged  in  inter- 
state transportation  of  freight  with  any  violation  of  the  inter- 

1249  state  commerce  act,  setting  forth  in  such  petition  the  facts  con- 
stituting such  violation,  commission,  if  it  deems  the  matter  one  of 
public  interest,  shall  file  the  petition  with  the  interstate  com- 
merce commission  and  thereupon  shall  appear  in  said  matter  in 
the  place  of  said  petitioner  and  thereafter  prosecute  the  same  at 
the  expense  of  the  state.     Laws  1905,  ch.  2yg,  sec.  i. 

Whenever  any  matter  shall  be  pending  before  the  inter- 
state commerce  commission,  between  a  resident  of  the  state  as 
petitioner  and  any  railroad  company  or  other  common  carrier 
engaged  in  interstate  transportation  of  freights,  charging  such 
carrier  with  any  violation  of  said  interstate  commerce  act,  upon 

1260  application  of  the  petitioner  in  said  matter  commission,  in  case  it 
deems  the  questions  involved  in  said  matter  of  public  interest, 
may  appear  therein  and  be  substituted  as  a  party  in  place  of  such 
petitioner  and  thereafter  such  matter  shall  be  prosecuted  by  com- 
mission at  the  expense  of  the  state  in  the  same  manner  as  though 
originally  begun  by  it.     Same,  sec.  2. 

MISSISSIPPI  All  rates  fixed  or  revised  by  commission  on  the 

1251  interstate  traffic  of  interstate  lines  shall  be  advisory  only  as  to 
them.     Code  igo6,  sec.  4842. 

MISSOURI  Commission  shall  exercise  constant  diligence  in 

informing  itself  of  the  rates  and  charges  of  common  carriers  en- 

1252  gaged  in  the  transportation  of  freight  from  points  in  the  state  to 
points  beyond  its  limits  and  from  points  in  other  states  to  points 
in  the  state.     Rev.  Stats,  igog,  sec.  32  jj. 

Whenever  it  shall  come  to  the  knowledge  of  commission,  by 
complaint  made  to  it  or  in  any  other  manner,  that  the  rates 
charged  by  any  such  common  carrier  on  interstate  business  are 
unjust,  excessive  or  unreasonable,  or  that  such  rates  discriminate 
against  the  citizens  of  this  state,  commission  shall  cause  the  fact 
thereof  to  be  embodied  in  a  complaint  setting  forth,  in  detail,  the 

1253  respect  in  which  the  rates  complained  of  are  unjust,  excessive  or 
unreasonable,  and  shall  file  said  complaint  with  the  interstate 
commerce  commission  and  demand  a  hearing  thereof  and  shall 
thereafter  furnish  testimony  in  support  thereof,  and  diligently 
present  the  facts  upon  which  complaint  is  based.  At  the  time  of 
filing  such  complaint,  commission  shall  give  notice  thereof  to  the 
attorney  general  who  shall  prosecute  the  same  to  final  deter- 
mination before  the  said  interstate  commerce  commission.  Same. 

333 


MONTANA  Commission  may   entertain   and  hear   com- 

plaints made  by  any  shipper  to  the  effect  that  unjust  discrimina- 
tion is  being  made  as  against  the  state  or  any  point  therein  in  the 

1264  way  of  rates  for  the  transportation  of  freight  or  passengers  from 
points  without  to  points  within  the  state  and  vice  versa.  Rev. 
Codes  igoj,  sec.  4375. 

Where  it  appears  that  the  interstate  commerce  commission 
law  has  been  violated,  commission  shall  make  complaint  to  the 
interstate  commerce  commission  and  aid  such  commission  in  any 

1256  investigation  it  may  make  concerning  violations  of  the  United 
States  law,  by  furnishing  evidence  and  in  any  manner  which  may 
seem  best  suited  to  enforce  both  the  United  States  and  the  state 
law,  and  to  protect  the  interests  of  the  people.     Same. 

NEW  MEXICO  Commission  shall  exercise  constant  diligence 

in  informing  itself  of  the  rates  and  charges  of  transportation  and 
transmission  companies  and  common  carriers  engaged  in  the 

1266  transportation  of  passengers  and  property  from  points  in  the 
state  to  points  beyond  its  limits,  and  from  points  in  other  states 
to  points  in  the  state.    Const.,  art.  xi,  sec.  g. 

Whenever  it  shall  come  to  the  knowledge  of  commission,  by 
complaint  or  in  any  other  manner,  that  the  rate  charged  by  any 
transportation  or  transmission  company  or  common  carrier,  on 
interstate  business  is  unjust,  excessive  or  unreasonable,  or  that 
such  rates  discriminate  against  the  citizens  of  the  state,  and  in 

1267  the  judgment  of  commission  such  complaint  is  well  founded 
and  the  public  welfare  involved,  commission  shall  institute  and 
prosecute  to  a  final  determination  before  the  interstate  commerce 
commission  or  commerce  court  or  any  lawful  authority  having  j  ur- 
isdiction  in  the  premises,  such  proceedings  as  it  may  deem  expe- 
dient to  obtain  such  relief  as  conditions  may  require.    Same. 

NEW  YORK  Commission  may  investigate  interstate  freight 

or  passenger  rates  or  interstate  freight  or  passenger  service  on  rail- 

1268  roads  within  the  state.     Laws  igio,  ch.  480,  sec.  5p. 

1269  Also  a  provision  identical  with  par.  1247.    Same. 

NORTH  CAROLINA  Upon  the  complaint  of  any  person  or  com- 
munity to  commission  of  any  unjust  discrimination  or  unjust  or 
unreasonable  rate  in  carrying  freight  which  comes  from  or  goes 
beyond  the  boundaries  of  the  state  by  any  railroad  company, 

1260  commission  shall  investigate  such  complaint,  and  if  the  same  be 
sustained  commission  shall  bring  such  complaint  before  the  inter- 
state commerce  commission  for  redress  in  accordance  with  the 

334 


provisions  of  the  act  of  congress  establishing  the  interstate  com- 
merce commission.     PelVs  Revisal  iqo8,  sec.  mo. 

Commission  shall  receive  upon  application  the  service  of  the 
attorney  general  of  the  state  and  he  shall  represent  it  before  the 
interstate  commerce  commission.     Commission  shall  have  au- 

1261  thority  to  employ  counsel  whenever  and  for  such  periods  of  time 
as  in  its  judgment  it  is  necessary  to  do  so,  and  counsel  so  em- 
ployed shall  be  paid  such  fee  and  compensation  as  may  be  agreed 
upon  by  it.     Same. 

NORTH  DAKOTA  Commission  shall  exercise  constant  diligence 
in  informing  itself  of  the  rates,  charges,  rules  and  practices  of 
common  carriers  engaged  in  the  transportation  of  freight,  express, 

1262  and  passengers  and  in  the  transmission  of  messages  or  intelli- 
gence from  points  in  the  state  to  points  beyond  its  limits,  and 
from  points  in  other  states  to  points  in  the  state,  also  in  territory 
wholly  outside  of  the  state.     Laws  1911,  ch.  240,  sec.  2. 

1263  Also  provisions  substantially  identical  with  pars.  1231,  1232. 
Same. 

Thereafter,  if  deemed  necessary  by  commission,  the  attorney 

1264  general,  with  such  other  assistance  as  is  now  provided  by  law, 
shall  prosecute  any  charge  or  charges  growing  out  of  any  such 
discrimination.     Same. 

OHIO  Commission  may,  and  on  complaint  shall,  in- 

vestigate any  freight  rates  on  interstate  traffic  on  railroads  in  the 

1265  state.     Code  igio,  sec.  563. 

If  in  its  opinion  they  are  excessive  or  discriminatory  or  are 
levied  in  violation  of  the  interstate  commerce  law,  or  in  conflict 

1266  with  the  rulings,  orders  or  regulations  of  the  interstate  com- 
merce commission,  it  shall  present  the  facts  to  the  railroad  with 
the  request  to  make  such  changes  as  commission  may  advise. 
Same. 

If  such  changes  are  not  made  within  a  reasonable  time, 

1267  commission  shall  apply  by  petition  to  the  interstate  commerce 
commission  for  relief.     Same. 

All  freight  tariffs  issued  by  any  such  railroad  relating  to  in- 

1268  terstate  traffic  in  the  state  shall  be  filed  in  the  office  of  com- 
mission when  issued.     Same. 

OKLAHOMA  Commission    shall    investigate    all    through 

1269  freight  or  passenger  rates  on  railroads  in  the  state.  Const.,  art. 
ix,  sec.  j2. 

335 


1270  Also  provisions  substantially  identical  with  pars.  1236,  1237. 
Same. 

The  attorney  general  or  such  other  persons  as  may  be  desig- 

1271  nated  by  law  shall  represent  commission  in  all  such  matters. 
Same. 

OREGON  Commission  shall  investigate  all  freight  rates 

1272  on  interstate  traffic  on  railroads  in  the  state.  Gen.  Laws  igoy, 
ch.  53,  sec.  47. 

1273  Also  provisions  identical  with  pars.  1266,  1267.    Same. 

All  freight  tariffs  issued  by  any  such  railroad  relating  to 
interstate  traffic  in  this  state  shall  be  filed  in  the  office  of  com- 

1274  mission  within  30  days  after  the  passage  and  publication  of  this 
act,  and  such  tariffs  thereafter  issued  shall  be  filed  with  com- 
mission when  issued.     Same. 

SOUTH  DAKOTA      Identical  with  pars.  1249,  1250.     Sess.  Laws 
1276  igog^  ch.  75,  sees,  i,  2. 

TENNESSEE  Provisions  substantially  identical  with  pars. 

1276  1235,  1236,  1237.    Acts  i8g7,  ch.  10,  sec.  21. 

TEXAS  Provisions  substantially  identical  with  pars. 

1277  1235,  1236,  1237.    Sayles^  Civ.  Stats.  iSgy,  art.  4^yi{j). 

VIRGINIA  Upon  the  complaint  of  any  person  or  persons, 

corporation  or  corporations  to  commission  of  any  unjust  dis- 
crimination in  carrying  freight  which  comes  from,  or  goes  be- 
yond, the  bovindaries  of  the  state  by  any  transportation  com- 
pany, commission  may  in  its  discretion,  and  if  it  shall  be  of 

1278  opinion  that  the  public  welfare  requires  it,  investigate  said  com- 
plaint, and  if  the  same  be  sustained  commission  shall  bring  said 
complaint  before  'the  interstate  commerce  commission  for  re- 
dress in  accordance  with  the  provisions  of  the  act  of  congress 
establishing  said  interstate  commerce  commission.  Pollard's 
Code  igo4,  sec.  I2g4c{i). 

Commission  shall  receive  upon  application  the  services  of 

1279  the  attorney  general  of  the  state,  and  he  shall  represent  it  before 
the  interstate  commerce  commission.     Same. 

WASHINGTON  Commission   shall   investigate   all    interstate 

rates,  fares,  charges,  classifications  or  rules  or  practices  in  relation 

1280  thereto,  for  or  in  relation  to  the  transportation  of  persons  or 
property  or  the  transmission  of  messages  or  conversations,  where 
any  act  in  relation  thereto  shall  take  place  within  the  state. 
Laws  igii,  ch.  iiy,  sec.  58. 

336 


1281  Also  a  provision  substantially  identical  with  par.  1247. 
Same. 

WISCONSIN  Identical  with  pars.   1272,   1266,  1267,   1274. 

1282  Laws  190^,  ch.  362,  sec.  iygy-21. 

2.     Emergency  Rates. 

ALABAMA  Commission,  when  deemed  by  it  necessary  to 

prevent  injury  to  business,  or  in  the  interest  of  the  people  or 
this  state,  in  consequence  of  any  interstate  rate  wars,  inequality 
of  interstate  rates  or  in  case  of  any  other  emergency  to  be  judged 

1283  by  commission,  may  temporarily  alter,  amend  or  suspend  any 
existing  passenger  rates,  freight  rates,  schedules  and  orders  on 
any  railroad  or  part  of  railroad.    Code  igoy,  sec.  5721. 

Such  rates  made  by  commission  shall  apply  on  one  or  more 
of  the  railroads,  or  any  portion  thereof,  as  may  be  directed  by 

1284  commission,  and  shall  take  effect  at  such  time  and  remain  in 
force  for  such  length  of  time  as  niay  be  prescribed  by  com- 
mission.    Same. 

Commission  may,  upon  its  own  motion,  or  upon  the  written 
application  of  any  common  carrier  or  railroad  corporation,  and 
imder  any  rules  which  it  may  prescribe,  permit,  from  time  to 
time,  such  common  carrier  or  railroad  corporation  to  establish 
any  special  rate  or  rates  for  the  transportation  of  specific  com- 

1285  modities  in  carloads  from  specified  points  or  within  specified 
zones  or  distances  to  the  plants  or  points  of  destination  where 
are  located  the  plants  of  any  person,  firm  or  corporation  who  is 
now,  or  may  hereafter  be,  engaged  in  any  industrial  enterprise 
in  the  state  for  the  purpose  of  encouraging  the  establishment  or 
aiding  in  the  development  or  continued  and  successful  operation 
of  such  industrial  enterprise.     Acts  igoy,  sp.  sess.y  no.  ly,  sec. 

Any  special  rate  or  rates  so  estabHshed  for  any  particular 
industrial  enterprise  shall  apply  and  be  given  all  persons,  firms 

1286  and  corporations  engaged  in  the  same  enterprise  within  said 
zone  or  distance.     Same. 

Such  special  rates  shall  first  be  approved  by  commission 
and  be  published  as  it  may  direct,  and  a  full,  true  and  correct 

1287  statement  in  writing  of  such  special  rate  or  rates  shall,  in  each 
instance  be  first  filed  with  commission,  together  with  a  sworn 
copy  of  any  special  contract  made  with  the  shipper  with  respect 
to  such  special  rates,  before  the  same  shall  go  into  effect.    Same. 

337 


1288  Commission  may  at  any  time  revoke  such  permission  and 
any  special  rate  or  rates  established.     Same. 

Any  rate  or  rates  so  established,  after  the  compliance  with 

1289  the  provisions  prescribed,  shall  be  the  lawful  rates  for  the  serv- 
ice performed  and  shall  not  be  construed  to  be  unjust  or  un- 
lawful discrimination.     Same. 

When  circumstances  require  a  reduction  in  any  rate  or  rates 
on  less  than  statutory  notice  in  order  to  permit  an  emergency 
to  be  met,  commission,  or  if  commission  be  not  in  session,  secre- 
tary of  commission,  may,  upon  written  application  of  a  carrier 
and  for  good  reason  shown,  authorize  such  carrier  to  make  such 

1290  rate  or  rates  effective  on  less  than  statutory  notice,  provided  a 
copy  of  the  publication  containing  such  rate  or  rates  be  filed  with 
commission,  and  provided  further  that  when  such  authority  is 
granted  by  secretary  the  rate  or  rates  so  authorized  shall  be 
temporary  and  shall  continue  effective  only  until  the  next  regular 
meeting  of  commission,  which  may  approve,  revoke  or  modify 
the  same.     Same. 

IOWA  See  par.  1878. 

KANSAS  It  shall  be  imlawful,  and  a  violation  of  this 

act,  for  any  railroad  company  to  change  the  classification  of  its 
freights,  or  to  raise  the  charges  therefor,  without  first  having 
obtained  an  order  from  commission  permitting  such;  provided, 
that  nothing  in  this  act  shall  be  construed  to  prevent  the  rail- 

1291  roads,  with  the  consent  of  commission,  from  declaring  and  mak- 
ing emergency  rate  or  rates  for  a  limited  time.  All  notices  given 
by  commission  to  any  railroad  company  may  be  served  by  de- 
livering a  copy  to  any  station  agent,  clerk,  treasurer  or  director 
of  such  corporation.     Gen.  Stats,  igog,  sec.  7178. 

See  also  par.  2iig. 

MINNESOTA  Upon  the  application  of  any  carrier  or  car- 

riers to  commission,  stating  that  they  desire  to  put  in  an  emer- 
gency rate  for  the  protection  of  the  interests  of  such  carrier  or 
shippers,  commission  may  before  such  rate  is  established  and 
without  the  notice  and  hearing  required  by  section  five,  author- 
ize the  restoration  of  the  rates  existing  at  the  time  of  such  appli- 

1292  cation  and  fix  the  time  within  which  such  restoration  may  bCi 
made,  and  the  time  so  fixed  may  be  extended  in  the  discretion 
of  commission  as  the  circumstances  of  the  case  may  require. 
Nothing  in  this  act  shall  be  held  in  any  way  to  limit  or  modify ; 
the  rights  and  powers  of  commission  to  investigate,  inquire  into,  \ 

3^^ 


prescribe  and  publish  what  it  may  deem  to  be  just  and  reason- 
able rates,  charges  and  classifications  to  govern  common  carriers 
in  the  state.     Laws  1905,  ch.  ij6,  sec.  6. 

MISSOURI  See  par.  1881. 

NEBRASKA.  Commission  shall  when  deemed  by  it  neces- 

sary to  prevent  interstate  rate  wars  and  injury  to  the  busiaess  of 
the  citizens  of  the  state,  railway  companies  or  common  carriers 

1293  or  in  case  of  any  other  emergency  to  be  judged  by  commission, 
temporarily  alter,  amend  or  suspend  any  existing  freight  rates, 
tariffs,  schedules,  orders  and  circulars  of  any  railway  company 
or  common  carrier  or  part  thereof,  and  fix  freight  rates  where 
none  exist.     Cobbey^s  Annot.  Stats,  ipog,  as  amended,  sec.  10654. 

Said  emergency  rate  or  rates  shall  apply  to  any  one  or  more 
or  all  railway  companies  or  common  carriers  and  shall  take  effect 
at  such  time  and  remain  in  force  such  length  of  time,  as  may  be 

1294  prescribed  by  commission;  provided,  that  said  emergency  rates, 
tariffs,  schedules,  orders  and  circulars  shall  be  subject  to  review 
upon  a  hearing  before  commission  and  courts  of  competent  juris- 
diction in  the  state  as  provided  by  law  for  other  schedules  of  rates 
fixed  by  commission.     Same. 

See  also  par.  igig. 

NEW  MEXICO  See  par.  1926. 

NORTH  DAKOTA      See  par.  1882. 

OHIO  Commission  may,  when  deemed  by  it  neces- 

sary to  prevent  injury  to  the  business  or  interests  of  the  public  or 
any  public  utility  in  case  of  any  emergency  to  be  judged  by  com- 

1295  mission,  temporarily  alter,  amend  or,  with  the  consent  of  the 
public  utility  concerned,  suspend  any  existing  rates,  schedules  or 
orders  relating  to  or  affecting  any  public  utility  or  part  of  any 
public  utility.     Laws  191 1,  no.  j2j,  sec.  34. 

129G  Also  a  provision  for  public  utilities,  identical  with  par.  1284 

Same. 

OKLAHOMA  See  par.  1933. 

OREGON  Commission  may,  when  deemed  by  it  neces- 

sary to  prevent  injury  to  the  business  or  interests  of  the  people  or 
railroads  in  consequence  of  interstate  rate  wars  or  in  case  of  any 
other  emergency  to  be  judged  by  commission,  temporarily  alter, 

1297  amend  or,  with  the  consent  of  the  railroad  company  concerned, 
suspend  any  existing  passenger  rates,  freight  rates,  schedules  and 

339 


orders  on  any  railroad  or  part  of  railroad.  Gen.  Laws  1907,  ch. 
53,  sec.  54- 

1298  Alsoaprovisionforrailroadsidentical  with  par.  1284.  Same. 

1299  Also  provisions  for  public  utilities  identical  with  pars.  1295, 
1284.    Gen.  Laws  191 1,  ch.  2jg,  sec.  77. 

RHODE  ISLAND  Commission  may,  when  deemed  by  it  neces- 
sary to  prevent  injury  to  the  business  or  interest  of  the  people  or 
public  utility  in  case  of  any  emergency  to  be  judged  by  com- 

1300 '  mission,  permit  any  public  utility  to  temporarily  alter,  amend  or 
suspend  any  existing  rates,  schedules  and  orders  relating  to  or 
affecting  any  public  utility  or  a  part  of  any  public  utility.  Acts 
igi2,  ch.  yg^,  sec.  44. 

SOUTH  CAROLINA  See  par.  igsr. 

SOUTH  DAKOTA  Commission  may  make  emergency  rates  for 
the  transportation  of  freight  and  express  to  and  from  fairs,  ex- 
positions and  public  exhibitions  as  well  as  make  such  rates  in 
times  of  great  emergency  or  public  necessity  without  observing 
the  formal  notices  and  proceedings  prescribed  for  the  fixing  of 

1301  other  rates,  and  in  such  cases  may  notify  the  common  carriers  in- 
terested, by  telephone  or  by  telegraph,  of  the  time  and  place  when 
and  where  commission  will  meet  for  the  purpose  of  determining 
such  rates  and  rates  so  made  shall  go  into  effect  within  such  time 
as  commission,  by  its  order,  may  prescribe.  Sess.  Laws  igii, 
ch.  2oy,  sec.  54. 

See  also  par.  188 j. 

TENNESSEE  See  par.  ig4i. 

TEXAS  Commission  shall,  when  deemed  by  it  neces- 

sary to  prevent  interstate  rate  wars  and  injury  to  the  business  or 
interests  of  the  people  or  railroads,  or  in  case  of  any  other 
emergency  to  be  judged  of  by  commission,  temporarily  alter, 

1302  amend  or  suspend  any  existing  freight  rates,  tariffs,  schedules, 
orders  and  circulars  on  any  railroad  or  part  of  railroad  and  fix 
freight  rates  when  none  exist.  Sayles'  Civ.  Stats.  i8gy,  art. 
4581a. 

Said  emergency  rates,  so  made  by  commission,  shall  apply 

1303  on  any  one  or  more  of  all  the  railroads  or  part  of  railroads,  as  may 
be  directed  by  commission.     Same,  art.  4581b. 

Said  rates,  so  made,  shall  take  effect  at  such  time  and  re- 

1304  main  in  force  for  such  length  of  time  as  may  be  prescribed  by 
commission.     Same,  art.  4581c. 

See  also  par.  ig4J. 

340 


•  VIRGINIA  See  par.  ig4Q. 

WISCONSIN  Identical  with  pars.  1297,  1284,  1295.     Laws 

iQOj,  ch.  j62.  sec.  iygy-2S;    Laws  iQoy,  ch.  4gg,  sees,  lygjm- 

1305  ggi^i),  i7g7m-gg{2). 

5.     Rates   Not   Specifically   Designated. 

MICHIGAN,  NEVADA 

Whenever,  after  hearing  and  investig:ation  as 
provided  in  this  act,  commission  shall  find  that  any  charge, 
regulation  or  practice  affecting  the  transportation  of  passengers 
or  property,  or  any  service  in  connection  therewith  not  herein 

1306  (Nev. — ^hereinbefore)  specifically  designated,  is  unreasonable  or 
unjustly  discriminatory,  it  may  regulate  the  same  as  provided  in 
section  22  (Nev. — sections  12  and  14)  of  this  act.  Mich. — Pub. 
Acts  igog,  no.  joo,  sec.  j2;  Nev. — Stats,  igoy,  ch.  44,  sec.  2g. 

OHIO  If,  after  hearing  and  investigation  as  provided 

by  this  chapter,  commission  finds  any  charge,  regulation  or  prac- 

1307  tice  affecting  the  transportation  of  passengers  or  property,  or  any 
service  in  connection  therewith,  not  hereinbefore  specifically 
designated,  unreasonable  or  im justly  discriminatory,  it  may  regu- 
late it  as  herein  provided  in  such  cases.    Code  igio,  sec.  572. 

OREGON  A  provision  identical  with  par.  1306,  except 

1308  that  '' sections  28  and  30  of  this  act"  are  referred  to.  Gen. 
Laws  igoy,  ch.  jj,  sec.  55. 

Whenever,  after  hearing  and  investigation  as  provided  in 
this  act,  commission  shall  find  that  any  rate,  toll,  charge,  regula- 
tion or  practice  for,  in,  or  affecting  or  relating  to  the  transporta- 
tion of  persons  or  property  by  street  railroad,  or  to  production, 

1309  transmission,  delivery  or  furnishing  of  heat,  light,  water  or  power 
or  the  conveying  of  any  telephone  or  telegraph  message  or  any 
service  in  connection  therewith  not  hereinbefore  specifically 
designated,  is  in  any  respect  unsafe,  inadequate,  unreasonable  or 
imjustly  discriminatory,  it  may  regulate  the  same  as  provided  in 
sections  41  to  46.     Gen.  Laws  igii,  ch.  2yg,  sec.  72. 

WISCONSIN  A  provision  identical  with  par.   1306.     Laws 

1310  igoj,  ch.  J62,  sec.  iygj-2g. 

Whenever,  after  hearing  and  investigation  as  provided  in 
this  act,  commission  shall  find  that  any  rate,  toll,  charge,  regu- 
lation or  practice  for,  in,  or  affecting  or  relating  to  the  production, 
transmission,  delivery  or  furnishing  of  heat,  light,  water  or  power 

341 


1311  or  the  conveying  of  any  telephone  message  or  any  service  in  con- 
nection therewith  not  hereinbefore  specifically  designated,  is  un- 
reasonable or  unjustly  discriminatory,  it  may  regulate  the  same 
as  provided  in  section  i'jgym-4^  to  i797m-5i  and  i797m-6o  to 
i797m-62,  inclusive.     Laws  iQoy,  ch.  4gg,  sec.  lygym-ioo. 

F.  AUTHORITY  OF  COMMISSION  AND 
DUTY  OF  UTILITIES  WITH  RESPECT 
TO  RATES  AND  CHARGES  IN  EFFECT 
ON  A  DAY  DESIGNATED  BY  LAW. 

ARIZONA,  CALIFORNIA 

The  rates,  tolls,  rentals  and  charges  shown  on 
the  schedules  when  filed  by  a  public  service  corporation^  as  to 
which  commission  by  this  act  acquires  the  power  to  fix  any  rates, 
tolls,  rentals  or  charges,  shall  not  within  any  portion  of  the  ter- 
ritory as  to  which  commission  acquires  as  to  such  public  service 
corporation^  such  power,  exceed  the  rates,  tolls,  rentals  or  charges 
in  effect  February  14,  1912  (Cal. — October  10,  191 1);  the  rates, 
tolls,  rentals  or  charges  shown  on  such  schedules  when  filed  by 

1312  any  public  service  corporation  as  to  any  territory  as  to  which 
commission  does,  not  by  this  act  acquire  as  to  such  public  service 
corporation^  such  power,  shall  not  exceed  the  rates,  tolls,  rentals 
and  charges  in  effect  at  the  time  commission  acquires  as  to  such 
territory  and  as  to  such  public  service  corporation'  the  power  to 
fix  rates,  tolls,  rentals  or  charges.  Nothing  in  this  section  con- 
tained shall  prevent  commission  from  approving  or  fixing  rates, 
tolls,  rentals  or  charges  from  time  to  time  in  excess  of  or  less  than 
those  shown  by  such  schedules.  Ariz. — Sess.  Laws  191 2,  ch.  go, 
sec.  14(b);  Cal. — Stats,  igii,  ist.  ex.  sess.,  ch.  14,  sec.  14Q)). 

KANSAS  Unless  commission  shall  otherwise  order,  it 

shall  be  unlawful  for  any  common  carrier  or  public  utility  to 

1313  demand,  collect  or  receive  a  greater  compensation  for  any  serv- 
ice than  the  charge  fixed  on  the  lowest  schedule  of  rates  for  the 
same  services  January  i,  191 1.     Laws  igii,  ch.  2j8,  sec.  30. 

MASSACHUSETTS  Every  railroad  corporation  which  has  a  ter- 
minus in  Boston,  except  the  Boston,  Revere  Beach  and  Lynn 
Railroad  Company,  shall  sell  a  commutation  ticket  good  for  not 
more  than  twenty-five  trips  between  Boston  and  a  station  in 

1814  the  suburban  district,  so-called,  which  is  named  therein,  at  the 

1  "Public  utility,"  in  California. 


lowest  rate  for  each  trip  which  was  charged  between  said  points 
on  the  first  day  of  July  in  the  year  1900,  except  the  rates  charged 
for  season  tickets  and  for  tickets  on  workingmen's  trains. 
Acts  igo6y  ch.  463,  pt.  it,  sec.  183. 

MINNESOTA  See  par.  gj4. 

NEBRASKA    •  No  railroad  company  shall  hereafter  charge, 

collect  or  receive  for  the  transportation  of  any  merchandise  or 
other  property  upon  the  railroad  owned  or  operated  by  such 

1315  company  a  higher  rate  for  such  service  than  was  charged  by  said 
company  for  the  same  or  like  service  November  i,  1880,  as 
shown  by  the  published  rate  of  such  company.  Cobbey's  Annot. 
Stats.  iQog,  sec.  105SQ. 

It  shall  be  unlawful  for  any  railway  company  or  common 
carrier  to  charge,  collect  or  receive  for  the  transportation  of  live 
stock,  potatoes,  grain  and  grain  products,  fruit,  coal,  lumber  or 
building  material  in  carload  lots  more  than  85  per  cent,  of  the 

1316  amount  fixed  in  the  classification  and  schedules  of  such  railway 
companies  or  common  carriers  for  the  transportation  of  such 
property  in  force  and  effect  on  their  various  lines  of  railway 
January  i,  1907,  until  after  commission  shall  have  provided  a 
greater  rate  upon  any  article  or  property  in  such  schedules  from 
the  rate  herein  fixed.     Same,  sec.  io6ij. 

Express  companies  ^  may  charge  and  receive  for  the  trans- 
portation of  merchandise  any  sum  not  exceeding  75  per  cent,  ol 

1317  the  rate  as  shown  in  the  schedule  in  force  on  the  first  day  of 
January,  1907,  until  after  commission  shall  have  provided  a 
greater  rate.     Same,  sec.  iigji} 

If  any  express  company  should  fail  to  comply  with  the 
provision  and  conditions  of  this  act,  they  shall  be  fined  on  con- 

1318  viction  a  sum  not  less  than  $10  or  more  than  $1,000  for  each 
offense.    Same,  sec.  11973. 

Commission,  and  if  there  be  no  commission,  then  the  gov- 
ernor with  the  assistance  of  the  attorney  general,  are  hereby 

1319  empowered  to  enforce  the  provisions  of  this  act.  Same,  sec. 
11974. 

1  All  persons,  associations  or  corporations  engaged  in  the  transportation  of  money  or 
merchandise  for  a  money  consideration  in  cars  other  than  freight  cars  and  on  trains  other 
than  freight  trains  shall  be  deemed  an  express  company  within  the  meaning  of  this  act. 
Ccbhey's  Annot.  Stats,  iqoq,  sec.  1196Q. 

2  Provided  that  nothing  in  this  act  shall  be  construed  to  change  the  prepaid  rates  on 
merchandise  weighing  one  pound  or  less  and  provided  further,  that  no  provision  of  this 
act  shall  reduce  any  special  contract  rate  in  force  for  the  transportation  of  cream,  milk, 
or  poultry  or  any  charge  to  a  sum  less  than  15  cents;  and  provided  further,  that  nothing 
in  this  act  shall  abridge  the  authority  of  commission  to  make  a  reduction  in  any  rate  pro- 
vided for  in  this  act.    Same,  sec.  11972. 

343 


OREGON  The  rates,  fares  and  charges  shown  on  sched- 

ules filed  with  commission  by  railroads  which  are  to  take  effect 

1320  prior  to  April  i,  1907,  shall  not  exceed  the  rates,  fares  and 
charges  shown  on  the  schedules  filed  under  the  provisions  of 
section  62.     Gen.  Laws  igoy,  ch.  53,  sec.  ij. 

Until  April  i,  1907,  unless  commission  shall  otherwise 
order,  after  application  and  hearing  as  provided,  it  shall  be  un- 
lawful for  any  railroad  to  demand,  collect  or  receive  a  greater 

1321  compensation  for  the  transportation  of  property  than  the 
charge  fixed  on  the  lowest  published  or  effective  schedule  of 
rates  for  the  same  service,  in  force  January  i,  1907.  Same, 
sec.  62. 

Every  railroad  shall  within  30  days  after  the  taking  effect 
of  this  act,  file  in  the  office  of  commission  copies  of  all  schedules 

1322  of  rates,  including  joint  rates  in  force  on  its  line  or  lines  on  the 
first  day  of  January,  1907,  and  all  rates  in  force  between  such 
points  at  any  time  subsequent  to  said  date.     Same. 

Any  railroad  desiring  to  advance  or  discontinue  any  such 
rate  or  rates  may  make  application  to  commission  in  writing, 
stating  the  advance  in  or  discontinuance  of  the  rate  or  rates  de- 
sired giving  the  reasons  for  such  advance  or  discontinuation. 
Upon  receiving  such  application  commission  shall  fix  the  time: 
and  place  for  hearing  and  give  such  notice  to  interested  parties^ 
as  it  shall  deem  proper  and  reasonable.     If  after  such  hearing 

1323  and  investigation  commission  shall  find  that  the  change  or  dis- 
continuation applied  for  is  reasonable,  fair,  and  just,  it  shall 
grant  the  application  either  in  whole  or  in  part.  Any  railroad 
being  dissatisfied  with  any  order  of  commission  made  under  the 
provisions  of  this  section  may  commence  a  stiit  against  it  in  the 
circuit  court  of  the  state  of  Oregon  for  Marion  county  in  the 
manner  provided  in  section  32,  which  suit  shall  be  tried  and  de-1 
termined  in  the  same  manner  as  is  provided  in  sections  32,  33, 
34  and  35.     Same. 

The  rates,  tolls  and  charges  shown  on  schedules  filed  withl 
commission  by  public  utilities  shall  not  exceed  the  rates,  tolls 

1324  and  charges  in  force  January  i,  191 1.  Gen.  Laws  igii,  ch.  2jg, 
sec.  25. 

Except  as  provided  in  this  act  and  unless  commission  shall  \ 
otherwise  order,  it  shall  be  unlawful  for  any  public  utility  to' 
demand,  collect  or  receive  a  greater  compensation  for  any  serv- 
ice than  the  charge  fixed  on  the  lowest  schedule  of  rates  for  the 
same  service  on  the  first  day  of  January,  191 1.     Every  public! 

344 


utility  shall,  within  a  time  to  be  fixed  by  commission,  file  in  the 
office  of  commission,  copies  of  all  schedules  of  rates  and  charges, 
including  joint  rates,  in  force  on  the  first  day  of  January,  191 1, 
and  all  rates  in  force  at  any  time  subsequent  to  said  date.  Any 
public  utility  desiring  to  advance  or  discontinue  any  such  rate 
or  rates  may  make  application  to  commission  in  writing  stating 

1325  the  advance  in  or  discontinuance  of  the  rate  or  rates  desired, 
giving  the  reasons  for  such  advance  or  discontinuation.  Upon 
receiving  such  application  commission  shall  fix  a  time  and  place 
for  hearing  and  give  such  notice  to  interested  parties  as  it  shall 
deem  proper  and  reasonable.  If  after  such  hearing  and  investi- 
gation commission  shall  find  that  the  change  or  discontinuation 
applied  for  is  reasonable,  fair  and  just,  it  shall  grant  the  appli- 
cation either  in  whole  or  in  part.  Any  public  utility  being 
dissatisfied  with  any  order  of  commission  made  under  the  pro- 
visions of  this  section  may  commence  a  suit  against  it  in  the 
circuit  court  in  the  manner  provided  in  section  54,  which  suit 
shall  be  tried  and  determined  in  the  same  manner  as  is  provided 
for  suits  brought  under  said  section  54.     Same,  sec.  77. 

SOUTH  DAKOTA  No  express  company  shall  charge  or  receive 
for  the  transportation  of  merchandise,  money  or  other  property, 
any  sum  exceeding  80 '  per  cent,  of  the  rate  as  shown  in  the 

1326  schedule  of  January  i,  1909,  until  after  commission  has  pro- 
vided a  different  rate;  provided  that  nothing  in  this  act  shall  be 
construed  to  change  any  special  rate  in  force  below  15  cents. 
Sess.  Laws  igog,  ch.  i^g,  sec.  4. 

The  schedules  of  maximum  rates  or  charges  prepared  by 
commission  for  express  companies  shall  not  exceed  70  per  cent. 

1327  of  the  lowest  rates  which  were  in  force  for  th^  transportation  of 
express  freight  over  any  lines  of  railway  between  stations  within 
the  state  on  the  first  day  of  January,  1909.  Sess.  Laws  igii. 
ch.  152,  sec.  I. 

WISCONSIN  The  rates,  fares  and  charges  shown  on  sched- 

ules filed  with  commission  by  railroads  which  are  to  take  effect 

1328  prior  to  January  i,  1906,  shall  not  exceed  the  rates,  fares  and 
charges  on  the  schedules  filed  under  the  provisions  of  section 
35  of  this  act.     Laws  igoj,  ch.  j62,  sec.  i^gy-4. 

Until  December  31,  1905,  unless  commission  shall  other- 
wise order,  after  application  and  hearing  as  provided,  it  shall 

1329  be  unlawful  for  any  railroad  to  demand,  collect  or  receive  a 
greater  compensation  for  the  transportation  of  property  than 

345 


the  charge  fixed  in  the  lowest  pubHshed  schedule  of  rates  for  the 
same  service  in  force  April  i,  1905.     Same,  sec.  1797-35- 

Every  railroad  shall,  within  30  days  after  the  passage  and 
publication  of  this  act,  file  in  the  office  of  commission  copies  of 
all  schedules  of  rates,  including  joint  rates,  in  force  on  its  line 
or  lines,  between  points  within  this  state,  April  i,  1905,  and  all 
rates  in  force  between  such  points  at  any  time  subsequent  to 
said  date.  Any  railroad  desiring  to  advance  or  discontinue  any 
such  rate  or  rates  may  make  application  to  commission  in  writ- 
ing, stating  the  advance  in  or  discontinuation  of  the  rate  or 
rates  desired,  giving  the  reason  for  such  advance  or  discontinua- 

1330  tion.  Upon  receiving  such  application  commission  shall  fix  a 
time  and  place  for  hearing,  and  give  such  notice  to  interested 
parties  as  it  shall  deem  proper  and  reasonable.  If,  after  such 
hearing  and  investigation,  cornmission  shall  find  that  the  change 
or  discontinuation  applied  for  is  reasonable,  fair  and  just,  it  shall 
grant  the  application  either  in  whole  or  in  part.  Any  railroad 
being  dissatisfied  with  any  order  of  commission  made  under  the 
provisions  of  this  section  may  commence  an  action  against  it  in 
the  circuit  court  in  the  manner  provided  in  section  16  of  this  act, 
which  action  shall  be  tried  and  determined  in  the  same  manner 
as  is  provided  in  said  section.     Same. 

The  rates,  tolls  and  charges  shown  on  schedules  filed  with 

1331  commission  by  public  utilities  shall  not  exceed  the  rates,  tolls 
and  charges  in  force  April  i,  1907.  Laws  1907,  ch.  499,  sec. 
i797m-27. 

Unless  commission  shall  otherwise  order,  it  shall  be  unlawful 
for  any  public  utility  to  demand,  collect  or  receive  a  greater 

1332  compensation  for  any  service  than  the  charge  fixed  on  the  lowest 
schedules  of  rates  for  the  same  service  April  i,  1907.  Same,  sec. 
i797m-io5{i). 

Every  public  utility  shall  within  30  days  after  the  passage 
and  publication  of  this  act  file  in  the  office  of  commission,  copies 

1333  of  all  schedules  of  rates  and  charges,  including  joint  rates,  in 
force  April  i,  1907,  and  all  rates  in  force  at  any  time  sub- 
sequent to  said  date.     Same,  sec.  i797m-io5{2) 

Any  public  utility  desiring  to  advance  or  discontinue  any 
such  rate  or  rates  may  make  application  to  commission  in  writing, 

1334  stating  the  advance  in  or  discontinuation  of  the  rate  or  rates  de- 
sired, giving  the  reasons  for  such  advance  or  discontinuation. 
Same,  sec.  i797m-i05(j). 

Upon  receiving  such  application  commission  shall  fix  a  time 

346 


and  place  for  hearing  and  give  such  notice  to  interested  parties 
as  it  shall  deem  proper  and  reasonable.  If,  after  such  hearing 
1336  and  investigation  commission  shall  find  that  the  change  or  dis- 
continuation applied  for  is  reasonable,  fair  and  just,  it  shall 
grant  the  application  either  in  whole  or  in  part.     Same,  sec. 

iyg7m-ios{4)' 

Any  public  utility  being  dissatisfied  with  any  order  of  com- 
mission made  under  the  provisions  of  this  section  may  com- 
mence an  action  against  it  in  the  circuit  court  in  the  manner 
1336  provided  in  sections  i797m-64  to  i.797m-73,  inclusive,  of  this 
act,  which  actions  shall  be  tried  and  determined  in  the  same 
manner  as  is  provided  in  said   sections.     Same,   sec.  ijgym- 


G.  AUTHORITY  OF  COMMISSION  TO 
ALTER,  AMEND  OR  RESCIND  RATES 
AND  CHARGES,  OR  ITS  OWN  OR- 
DERS   WITH    RESPECT    THERETO. 

ALABAMA.  Commission  may  from  time  to  time  alter  or 

amend  the  rates,  charges,  classifications,  rules,  regulations  and 

1337  requirements  prescribed  and  enforced  by  it  against  trans- 
portation cofnpanies.     Code  igo'/,  sec.  5651. 

Commission  may  at  any  time  upon  notice  to  transportation 
companies  and  after  an  opportunity  to  be  heard  as  provided 
in  sections  5667  and  5668  rescind,  alter  or  amend  any  order 

1338  made  by  commission  fixing  any  rate  or  rates,  fares,  charges  or 
classifications  or  any  other  order  made  by  commission,  and  cer- 

•tified  copies  of  the  same  shall  be  served  and  take  effect  as  pro- 
vided for  original  orders.     Same,  sec.  56'/g. 

ARECANSAS  Commission  shall  not   alter  or   change   any 

tariff  or  charges  approved  by  it  except  upon  ten  days'  notice  in 
writing  to  the  person  or  corporation  operating  the  express  com- 

1339  pany  or  railroad  to  be  affected  by  such  change,  giving  the  same 
an  opportunity  to  be  heard,  such  notice  to  be  by  delivering  a 
copy  thereof  to  any  officer  or  agent  of  such  person  or  corpora- 
tion.    Kirhy's  Digest  igo4,  sec.  6802. 

FLORIDA  Commission  shall,  as  often  as  circumstances 

may  require,  change  or  revise  any  schedule  or  schedules  and 
1840  furnish  all  railroad  companies  with  notice  of  such  changes  or 

347 


revisions,  and  such  notice  shall  state  the  time  when  such  changes 
or  revisions  shall  go  into  effect.     Gen.  Stats.  igo6,  sec.  28qq. 

GEORGIA  Commission  shall  from  time  to  time  and  as 

often   as   circumstances  may   require   change   and   revise   the 

1341  schedules  of  charges  for  railroads  prescribed  by  it.  Code  iqii, 
sec.  26 ji. 

ILLINOIS  A  provision  for  railroads  identical  with  par. 

1342  1341.    Revisal  igog,  ch.  114,  sec.  iji. 

Commission  may  from  time  to  time  as  often  as  circum- 
stances require  change  and  revise  schedules  of  charges  for  com- 

1343  mon  carriers  prescribed  by  it.  It  shall  be  proper  for  commission 
either  upon  its  own  initiative  or  upon  complaint  to  enter  upon  a 
hearing  for  the  purpose  of  investigating  the  necessity  of  any  such 
revision.     Same,  sec.  igS. 

The  rates  or  charges  prescribed  by  commission  for  express 

1344  companies  may  be  changed  or  modified  by  said  commission  from 
time  to  time  in  such  manner  and  to  such  effect  as  may  become 
necessary.     Same,  sec.  j6g. 

IOWA  Commission  shall  from  time  to  time  and  as 

often   as   circumstances  may   require   change   and   revise  the 

1346  schedules  of  charges  for  the  transportation  of  freight  and  cars 
prescribed  by  it,  but  the  rates  fixed  shall  not  be  higher  than  es- 
tablished by  law.     Code  i8gy,  sec.  2ij8. 

The  rates  and  classifications  established  by  commission  for 
railroads  or  common  carriers  after  hearing  and  investigation 

1346  shall,  from  time  to  time  thereafter,  upon  complaint  duly  made,  be 
subject  to  revision  by  commission,  the  same  as  any  other  rate^  and 
classifications.     Same,  sec.  2141. 

The  rates  or  charges  fixed  and  established  by  commission  for 

1347  express  companies  or  express  carriers  may  be  changed  or  modified 
by  commission  from  time  to  time  in  such  manner  as  may  become 
necessary.     Same,  sec.  2i6j(b). 

KENTUCKY  See  par.  g23. 

MICHIGAN  Commission  may  at  any  time  upon  application 

of  any  person  or  common  carrier  and  upon  at  least  ten  days' 
notice  to  the  parties  interested,  including  the  common  carrier, 

1348  and  after  opportunity  to  be  heard  as  provided  in  section  22, 
rescind,  alter  or  amend  any  order  fixing  any  rate  or  rates,  fares, 
charges  or  classifications  or  any  other  order  made  by  commission, 

34« 


and  certified  copies  shall  be  served  and  take  effect  as  provided  for 
original  orders.     Puh.  Acts  igog,  no.  joo,  sec.  24. 

MISSOURI  Commission  may  reduce,  change  or  modify 

1349  any  and  all  freight  rates  fixed  and  established  by  it  as  provided 
by  law.     Rev.  Stats,  igog,  sec.  3251. 

1350  Also  a  provision  identical  with  par.  1347.    Same,  sec.  3288. 

MONTANA  Commission  may  from  time  to  time  change, 

alter,  amend  or  abolish  any  classification  or  rate  of  railroads  es- 

1351  tablished  by  it  when  deemed  necessary,  and  such  classifications 
and  rates  shall  be  put  into  effect  in  the  same  manner  as  original 
classifications  or  rates.     Rev.  Codes  igoy,  sec.  437g. 

NEBRASKA  Commission   may    alter,    change,    amend   or 

abolish  any  classification  or  rate  of  common  carriers  prescribed 

1352  by  it  when  deemed  necessary,  and  such  amended,  altered  or  new 
classifications  or  rates  shall  be  put  into  effect  in  the  same  man- 
ner as  originals.    Cobbey's  Annot.  Stats,  igog,  sec.  10653. 

NEVADA  Commission  may  at  any  time  upon  applica- 

tion of  any  person  or  any  railroad  and  upon  notice  to  the  parties 
interested  and  after  opportunity  to  be  heard  as  provided  in 

1353  section  12,  rescind,  alter,  or  amend  any  order  fixing  any  rate  or 
rates,  charges  or  classification  or  any  other  order  made  by  com- 
mission, and  certified  copies  of  the  same  shall  be  served  and  take 
effect  as  provided  for  original  orders.  Stats,  igoy,  ch.  44,  sec. 
14(a),  as  amended  by  Stats,  igog,  ch.  121,  sec.  7. 

NEW  MEXICO  Commission  may  change  or  alter  the  rates  of 

railway,  express,  telegraph,  telephone,  sleeping  car  and  other 
transportation  and  transmission  companies  and  common  carriers, 

1354  change,  alter  or  amend  its  orders,  rules,  regulations  or  determina- 
tions and  enforce  the  same  in  the  manner  prescribed  herein. 
Const.,  art.  xi,  sec.  7. 

NORTH  CAROLINA  Commission  shall  from  time  to  time  and  as 
often  as  circumstances  may  require  change  and  revise  or  cause 
to  be  changed  and  revised  any  schedules  of  rates  fixed  by  com- 

1355  mission  or  allowed  to  be  charged  by  any  carrier  of  freight,  pas- 
sengers or  express  or  by  any  telegraph  or  telephone  company. 
PelVs  Revisal  igo8,  sec.  11 06. 

NORTH  DAKOTA  Commission  shall  from  time  to  time  but  not 
oftener  than  once  in  six  months  unless  upon  appeal  from  the 
order  fixing  such  rate  the  court  shotdd  modify  or  .reverse  such 

349 


order,  and  then  only  to  the  extent  made  necessary  by  such  mod- 
1356  ification  or  reversal,  change  and  revise  the  schedules  of  charges 
prescribed  by  it  for  companies  engaged  in  the  transportation  of 
freight,  passengers,  express  matter  and  telegraph  or  telephone 
messages.  Rev.  Codes  iQOj,  sec.  4343,  as  amended  by  Laws  iQii, 
ch.  255,  sec.  2. 

1367  Also  a  provision  identical  with  par.  1346.    Same,  sec.  4346. 

OHIO  Upon  apphcation  of  any  person  or  any  rail- 

road and  after  notice  to  the  parties  in  interest,  and  opportunity 
to  be  heard,  as  provided  in  this  chapter  for  other  hearings,  has 

1368  been  given  commission  may  rescind,  alter  or  amend  an  order  fix- 
ing any  rate  or  rates,  fares,  charges  or  classifications  or  any  other 
order  made  by  commission.  Certified  copies  of  such  orders  shall 
be  served  and  take  effect  as  provided  for  original  orders.  Code 
1910,  sec.  538. 

•  Upon  application  of  any  person  or  any  public  utility  and 
after  notice  to  the  parties  in  interest  and  opportunity  to  be 
heard,  as  provided  in  this  act  for  other  hearings,  has  been  given 

1359  commission  may  rescind,  alter  or  amend  an  order  fixing  any  rate 
or  rates,  fare,  toll,  charge,  rental,  classification  or  service  or  any 
other  order  made  by  commission.  Certified  copies  of  such 
orders  shall  be  served  and  take  effect  as  provided  for  original 
orders.     Laws  iqii,  no.  32^,  sec.  25. 

OKLAHOMA  For    transportation    and    transmission    com- 

1360  panics  a  provision  identical  with  par.  1337.    Const.,  art.  ix,  sec.  18. 

OREGON  Commission  may  at  any  time  upon  notice  to 

the  railroad  and  after  opportunity  to  be  heard  as  provided  in 
section  28  of  this  act  rescind,  alter  or  amend  any  order  fixing 

1361  any  rate  or  rates,  fares,  charges  or  classification  or  any  other 
order  made  by  commission,  and  certified  copies  of  the  same  shall 
be  served  and  take  effect  as  provided  for  original  orders.  Gen. 
Laws  iQoy,  ch.  53,  sec.  30. 

Commission  may  at  any  time  upon  notice  to  the  public 
utility  and  after  opportimity  to  be  heard  as  provided  in  section 
42  of  this  act  rescind,  alter  or  amend  any  order  fixing  any  rate 

1362  or  rates,  schedule  of  rates,  tolls,  charges  or  any  other  order  made 
by  commission,  and  certified  copies  of  the  same  shall  be  served 
and  take  effect  as^provided  for  original  orders.  Gen.  Laws  igii, 
ch.  2yg,  sec.  52. 

RHODE  ISLAND  Commission  may  at  any  time  upon  notice  to 
the  public  utility  and  after  opportunity  to  be  heard  as  provided 

350 


in  section  20,  rescind,  alter,  or  amend  any  order  fixing  any  rate, 

1363  toll,  charge,  joint  rate  or  rates,  or  any  other  order  made  by 
commission,  and  certified  copies  of  the  same  shall  be  served  and 
take  effect  as  herein  provided  for  original  orders.  Acts  igi2, 
ch.  7P5,  sec.  33. 

SOUTH  CAROLINA  Commission  shall  from  time  to  time  and  as 
often  as  circumstances  may  require  change  and  revise  the 
schedules  of  charges  for  railroads  prescribed  by  it.     Thirty 

1364  days'  notice  of  any  change  or  revision  of  the  schedule  of  rates 
shall  first  be  given  to  the  railroad  company  to  be  affected  thereby 
before  the  same  shall  go  into  effect.    Gen.  Stats.  igo2,  sec.  2og3. 

SOUTH  DAKOTA      The  classification  of  railroads  made  by  com- 
mission may  be  changed  from  time  to  time  as  commission  may 
1366  order.     Rev.  Pol.  Code  1903,  sec.  450. 

Commission  shall  from  time  to  time  and  as  often  as  circum- 

1366  stances  may  require  change  and  revise  the  schedules  of  charges 
for  railroads  prescribed  by  it.     Same. 

Commission  shall  from  time  to  time  and  as  often  as  circum- 
stances may  require  change  and  revise  the  schedules  of  charges 

1367  for  the  transportation  or  transmission  of  passengers,  freight, 
cars,  express  and  messages  by  telephone  prescribed  by  it.  Sess. 
Laws  iQiiy  ch.  207,  sec.  20. 

The  rates,   fares  and   classifications  established  by  com- 
mission for  common  carriers  after  hearing  and  investigation 

1368  shall  from  time  to  time  thereafter  upon  complaint  duly  made  be 
subject  to  revision  by  commission  the  same  as  any  other  rates, 
fares  and  classifications.     Same,  sec.  23. 

The  classification  of  common  carriers  and  of  freight,  express 

1369  and  telephone  messages  made  by  commission  may  from  time  to 
time  be  changed  by  it.     Same,  sec.  50. 

Commission  may  from  time  to  time  change  rates  fixed  and 

1370  prescribed  by  it  for  the  transmission  of  telephone  messages  when 
in  its  judgment  such  change  is  necessary.     Same,  sec.  52. 

No  change  shall  be  made  in  any  schedule  of  maximum  rates 
by  commission  until  after  reasonable  notice  of  hearing  shall  have 

1371  been  given  to  the  company  or  companies  and  persons  interested 
therein,  and  a  hearing  has  been  had  thereon.  Sess.  Laws  1909, 
ch.  289,  sec.  5,  as  amended  by  Sess.  Laws  191 1,  ch.  218,  sec.  3. 

TEXAS  A  provision  for  railroads  substantially  identical 

1372  with  par.  1352.    Sayles'  Civ.  Stats.  1897,  art.  4362(8). 

Commission  may  at  any  time  abolish,  alter  or  in  any  manner 

351 


amend  the  schedules  of  rates  for  railroads  prescribed  by  it  or 

1373  abolish  or  amend  any  regulation  so  prescribed,  and  in  that  event] 
certified  copies  of  the  schedules,  rules  or  regulations  showing  the] 
changes  therein  shall  be  delivered  to  each  road  as  by  law  specified. 
Same,  art.  4j6y. 

1374  Also  a  provision  for  express  companies  identical  with  par. 
1347.    Same,  art.  4582. 

VIRGINIA  Commission  may  from  time  to  time  to  come  J 

alter  or  amend  the  rates,  charges,  classifications,  rules,  regula-j 

1376  tions  and  requirements  prescribed  by  it  for  transportation  and? 
transmission  companies.     Const.,  sec.  i^6{b). 

WISCONSIN  Commission  may  at  any  time  upon  notice  toj 

the  railroad  and  after  opportimity  to  be  heard  as  provided  in 
section  12  rescind,  alter  or  amend  any  order  fixing  any  rate  or 

1376  rates,  fares,  charges  or  classification  or  any  other  order  made  by 
commission,  and  certified  copies  of  the  same  shall  be  served  and: 
take  effect  as  provided  for  original  orders.  Laws  1905,  ch.  j62, 
sec.  iyg^-i4{d). 

Commission  may  at  any  time  upon  notice  to  the  public; 
utility  and  after  opportunity  to  be  heard  as  provided  in  section  i 
i797m-45  rescind,  alter  or  amend  any  order  fixing  any  rate  ori 

1877  rates,  tolls,  charges  or  schedules  or  any  other  order  made  by  j 
commission,  and  certified  copies  of  the  same  shall  be  served  and^ 
take  effect  as  provided  for  original  orders.     Laws  igoy,  ch.  499, 
sec.  i^gym-62. 


H.  AUTHORITY  OF  COMMISSION  WITH! 
RESPECT  TO  THE  SUSPENSION  Opi 
RATES    AND    CHARGES. 

UNITED  STATES       Whenever  there  shall  be  filed  with  commission! 
any  schedule  stating  a  new  individual  or  joint  rate,  fare 
charge,  or  any  new  individual  or  joint  classification,  or  any  ne\ 
individual  or  joint  regulation  or  practice  affecting  any  rate,  fare,^ 
or  charge,  commission  may  either  upon  complaint  or  upon  its  o^ 
initiative  without  complaint,  at  once,  and  if  it  so  orders  withoi 
answer  or  other  formal  pleading  by  the  interested  carrier 
carriers,  but  upon  reasonable  notice,  enter  upon  a  hearing  coi 
ceming  the  propriety  of  such  rate,  fare,  charge,  classificatic 
regulation,  or  practice;  and  pending  such  hearing  and  the  decisi( 
thereon  commission  upon  filing  with  such  schedule  and  deliveru 

352 


to  the  carrier  or  carriers  affected  thereby  a  statement  in  writing  of 
its  reasons  for  such  suspension,  may  suspend  the  operation  of  such 
schedule  and  defer  the  use  of  such  rate,  fare,  charge,  classification, 
regulation  or  practice  but  not  for  a  longer  period  than  120  days 
beyond  the  time  when  such  rate,  etc.,  would  otherwise  go  into 

1378  effect;  and  after  full  hearing,  whether  completed  before  or  after 
the  rate,  etc.,  goes  into  effect,  commission  may  make  such  order 
in  reference  to  such  rate,  etc.,  as  would  be  proper  in  a  proceeding 
initiated  after  the  rate,  fare,  charge,  classification,  regulation,  or 
practice  had  become  effective:  Provided,  that  if  any  such  hear- 
ing cannot  be  concluded  within  the  period  of  suspension,  as  above 
stated,  commission  may,  in  its  discretion,  extend  the  time  of 
suspension  for  a  further  period  not  exceeding  six  months.  At 
any  hearing  involving  a  rate  increased  after  January  i,  19 10,  or 
of  a  rate  sought  to  be  increased  after  the  passage  of  this  act,  the 
burden  of  proof  to  show  that  the  increased  rate  or  proposed  in- 
creased rate  is  just  and  reasonable  shall  be  upon  the  common  car- 
rier, and  commission  shall  give  to  the  hearing  and  decision  ^of 
such  questions  preference  over  all  other  questions  pending  before 
it  and  decide  the  same  as  speedily  as  possible.  Act  to  Regulate 
Commerce,  sec.  ij. 

ARIZONA,  CALIFORNIA 

Whenever  there  shall  be  filed  with  commission 
any  schedule  stating  an  individual  or  joint  rate,  fare,  toll, 
rental,  charge,  classification,  contract,  practice,  rule  or  regulation, 
not  increasing  or  resulting  in  an  increase  in  any  rate,  fare,  toll, 
rental  or  charge,  commission  may  either  upon  complaint  or 
upon  its  own  initiative  without  complaint,  at  once,  and  if  it  so 
orders,  without  answer  or  other  formal  pleadings  by  the  interested 
public  service  corporation  or  corporations,^  but  upon  reason- 
able notice,  enter  upon  a  hearing  concerning  the  propriety  of  such 
rate,  etc.,  and  pending  the  hearing  and  the  decision  thereon  such 
rate,  etc.,  shall  not  go  into  effect;  provided,  that  the  period  of 
suspension  of  such  rate,  etc.,  shall  not  extend  beyond  120  days 

1379  beyond  the  time  when  such  rate,  etc.,  would  otherwise  go  into 
effect  unless  commission,  in  its  discretion,  extends  the  period  of 
suspension  for  a  further  period  not  exceeding  six  months.  On 
such  hearing  commission  shall  establish  the  rates,  etc.,  proposed, 
in  whole  or  in  part,  or  others  in  Heu  thereof,  which  it  shall  find 
to  be  just  and  reasonable.     All  such  rates,  etc.,  not  so  suspended 

»"  Public  utilities,"  in  California. 

353 


shall,  on  the  expiration  of  30  days  from  the  time  of  filing  the  same 
with  commission,  or  of  such  lesser  time  as  commission  may  grant, 
go  into  effect  and  be  the  established  and  effective  rates,  fares, 
tolls,  rentals,  charges,  classifications,  contracts,  practices,  rules 
and  regulations  subject  to  the  power  of  commission,  after  a  hear- 
ing had  on  its  own  motion  or  upon  complaint,  as  herein  provided, 
to  alter  or  modify  the  same.  Ariz.- — Sess.  Laws  igi2,  ch.  go, 
sec.  6j{b);  Cal. — Stats,  igii,  ist.  ex.  sess.,  ch.  14,  sec.  6j{b). 


ILLINOIS  Commission  may,   upon  complaint  or  upon^ 

its  own  motion,  suspend  the  taking  effect  of  any  schedule  or| 

1380  classification  as  provided  in  section  four  ^  of  this  act,  pending  in- 
quiry as  to  its  correctness  or  the  reasonableness  of  the  rates  con- 
tained  in  it.     Revisal  igog,  ch.  114,  sec.  jyo. 

Commission  shall  take  cognizance  of  all  contracts,  agree- 
ments, schedules,  tariffs,  rates,  classifications,  rules  and  regula-^ 
tions  and  in  the  event  of  anything  found  contained  in  them  or 
either  of  them  deemed  injurious  to  or  inconsistent  with  the  public  ^ 
welfare  or  which  may  work  to  the  detriment  of  the  public,  com- 
munities, or  individuals,  commission  shall  cause  the  same  to  be 
immediately  inquired  into,  either  upon  complaint  or  upon  its 
own  motion  and  initiative  without  complaint,  as  may  be  deemed 
proper  by  commission,  and  it  may  suspend  for  a  period  of  not 
more  than  four  months,  pending  inquiry,  the  taking  effect  of  any 
such  classification,  schedule  of  rates,  charges,  tariffs,  agreements, 
rules  or  regulations.  The  express  company  or  carrier  by  ex- 
press affected  shall  be  forthwith  notified  and  full  hearing  of  the 

1381  cause  had  promptly,  as  in  other  proceedings  before  commission, 
and  all  interested  express  companies  or  carriers  by  express  and 
other  persons  interested  may  be  made  parties.  If  commission 
is  of  the  opinion  after  such  hearing  and  investigation  that  the 
schedules  of  rates,  charges,  tariffs,  agreements  or  classification 
as  filed  or  published,  or  the  privileges,  facilities  and  regulations 
published  in  connection  therewith  are  imjust  or  iinreasonable 
or  otherwise  discriminatory  or  prejudicial,  or  in  violation  of  law, 
it  shall  determine  what  is  and  will  be  reasonable  and  just  and 
shall  prescribe  the  same,  and  shall  order  such  express  company 
or  carrier  by  express  to  file  with  commission  and  publish  on  or 
before  a  certain  day,  to  take  effect  on  a  certain  day,  schedules 
of  charges,  classification,  tariff,  rules  or  regulations  in  accordance 
with  the  findings  and  decision  of  commission.     Same,  sec.  jyi. 


^  Revisal  1909,  ch.  114,  sec.  371. 


354 


INDIANA  A  provision  substantially  identical  with  par. 

1378.  The  right  to  suspend  applies  to  any  schedule  stating  ''a 
new  individual  or  joint  rate  or  charge  or  any  new  individual  or 
joint  classification  or  any  new  individual  or  joint  regulation  or 

1382  practice  affecting  any  rate  or  charge."  The  original  period  of 
vsuspension  is  30  days.  The  additional  period  of  suspension  is 
30  days.  The  only  time  mentioned  in  the  last  sentence  is  the 
time  of  the  passage  of  the  act.    Acts  igii,  ch.  186,  sec.  i. 

MICHIGAN  Upon  the  filing  with  commission  by  a  common 

carrier  of  any  tariff  or  supplement  showing  any  change  in  rates, 
fares  or  charges  or  joint  rates,  fares  or  charges  or  a  discontinuance 
of  any  rate  or  rates,  fares  or  charges  or  joint  rates,  fares  or 
charges,  commission  may  acting  upon  its  own  initiative  or  upon 
complaint  postpone  the  date  when  such  new  rate  or  rates  or 
joint  rates,  fares  or  charges  or  discontinuance  of  rate  or  rates  or 
joint  rates,  fares  or  charges,  shall  become  effective  to  such  time 
not  to  exceed  in  all  45  days  as  shall  give  commission  opportunity 

1383  to  investigate  the  reasonableness  of  such  proposed  rate  or  rates 
or  discontinuance  of  rate  or  rates,  and  commission  may  there- 
upon proceed  with  all  convenient  speed  with  an  investigation 
upon  at  least  five  days'  notice  to  said  common  carrier,  either 
upon  its  own  initiative  or  upon  complaint  as  to  the  reasonableness 
of  said  rate  or  rates,  follow  the  procedure  as  near  as  may  be,  and 
make  its  order  in  the  manner  provided  in  section  22  of  this  act, 
such  investigation  to  take  precedence  of  all  matters  of  a  different 
nature  pending  before  the  commission.  Puh.  Acts  iQii,  no.  ijg, 
sec.  io{h). 

NEW  HAMPSHIRE  Whenever  any  schedule  shall  be  filed  with  the 
commission  imder  paragraph  (b)  of  this  section  stating  new  and 
higher  rates,  fares,  charges  or  prices,  which  the  railroad  corpora- 
tion or  public  utility  filing  the  same  purposes  to  put  into  force, 
commission  may  investigate  the  reasonableness  of  such  proposed 
rates,  fares,  charges  or  prices.  Pending  any  such  investigation 
and  the  decision  thereon,  commission  may,  by  an  order  served 

1384  upon  the  railroad  corporation  or  public  utility  affected,  suspend 
said  schedule,  and  forbid  the  demanding  or  collecting  of  the 
rates,  fares,  charges  or  prices,  covered  by  the  schedule  for  such 
period  or  periods  not  to  exceed  six  months  in  all  as  in  the  judg- 
ment of  commission  may  be  necessary  for  such  investigation. 
Laws  igii,  ch.  '164,  sec.  7(c). 

355 


NEW  JERSEY  When  any  public  utility  shall  increase  any  ex- 

isting individual  rates,  joint  rates,  tolls,  charges  or  schedules 
thereof,  as  well  as  commutation,  mileage  and  other  special  rates,  or 
change  or  alter  any  existing  classification,  commission  may  either 
upon  written  complaint  or  upon  its  own  initiative  hear  and  de- 
termine whether  the  said  increase,  change  or  alteration  is  just 
and  reasonable.     The  burden  of  proof  to  show  that  the  said  in- 

1386  crease,  change  or  alteration  is  just  and  reasonable  shall  be  upon 
the  public  utility  making  the  same.  Commission  may  pending 
such  hearing  and  determination  order  the  suspension  of  the  said 
increase,  change  or  alteration  until  commission  shall  have  ap- 
proved said  increase,  change  or  alteration,  not  exceeding  three 
months.  Commission  shall  approve  any  such  increase,  change 
or  alteration  upon  being  satisfied  that  the  same  is  just  and  rea- 
sonable.    Laws  igii,  ch.  igj,  sec.  i7{h). 

SOUTH  DAKOTA  A  provision  substantially  identical  with  the 
United  States  provision.  Commission  is  authorized  to  enter 
upon  a  hearing  concerning  the  "propriety  or  reasonableness"  of 
the  rates  contained  in  the  schedule.  Notice  to  the  carriers  shall 
be  by  "delivering  or  mailing  to  the  agents  or  officers  of  the  car- 
rier or  carriers  designated  in  section  20  of  this  act  affected  thereby 
a  statement  in  writing  of  its  reasons  therefor. "     The  last  sen- 

1386  tence  reads:  At  any  hearing  involving  an  increase  in  the  rates, 
fares  or  charges  for  transportation  of  passengers,  property,  ex- 
press or  messages  by  telephone,  the  burden  of  proof  to  show  that 
the  increased  rate  or  proposed  rate  is  just  and  reasonable,  shall 
be  upon  the  common  carrier  and  commission  shall  give  prefer- 
ence to  the  hearing  and  determination  of  such  question  and  decide 
the  same  as  soon  as  possible.     Sess.  Laws  191 1,  ch.  2oy,  sec.  21. 

WASHINGTON  Whenever  any  public  service  company  shall 

file  with  commission  any  schedule,  classification,  rule  or  regtila- 
tion,  the  effect  of  which  is  to  increase  any  rate,  fare,  charge, 
rental  or  toll  theretofore  charged,  commission  may,  either  upon 
its  own  motion  or  upon  complaint,  upon  notice,  enter  upon  a 
hearing  concerning  such  proposed  increase  and  the  reasonable- 
ness and  justness  thereof,  and  pending  such  hearing  and  the  de- 
cision thereon  commission  may  suspend  the  operation  of  such 
rate,  fare,  charge,  rental  or  toll  for  a  period  of  90  days  from  thel 

1887  time  the  same  would  otherwise  go  into  effect,  and  after  a  full! 
hearing  commission  may  make  such  order  in  reference  thereto 
as  would  be  provided  in  a  hearing  initiated  after  the  same  had] 
become  effective;  Provided,  that  if  any  such  hearing  cannot  be] 

356 


concluded  within  the  period  of  suspension,  as  above  stated,  com- 
mission may,  in  its  discretion,  extend  the  time  of  suspension  for 
a  further  period  not  exceeding  60  days.  If  commission  shall  at 
the  conclusion  of  the  hearing  refuse  to  permit  such  increase, 
either  in  whole  or  in  part,  no  supersedeas  shall  be  granted  in  any 
action  or  proceeding  brought  to  review  the  order  of  commission 
pending  the  final  determination  of  such  action  by  the  superior 
court  or,  if  appealed  to  the  supreme  court,  by  such  supreme  court. 
Laws  igiiy  ch.  iij,  sec.  82. 

WISCONSIN  Whenever  any  person,  firm,  corporation,  or 

association,  or  any  mercantile,  agricultural  or  manufacturing 
society,  or  any  body  politic  or  municipal  organization,  lodges  a 
complaint  with  commission  before  any  change  or  changes  in  any 
schedule,  including  schedule  of  joint  rates,  or  in  any  classification, 
rule,  regulation  or  practice,  become  effective  as  in  this  section  pro- 
vided to  the  effect  that  such  change  or  changes  are  unreasonable 
or  unjustly  discriminatory,  commission  shall  give  notice  to  the 
railroad  or  railroads  complained  of  that  complaint  has  been 
made,  and  proceed  to  investigate  the  same  and  order  a  hearing 
thereon  in  the  manner  provided  for  hearings  in  section  1797- 
1 2 ;  and  commission  may,  in  its  discretion,  stay  such  change  or 
changes  pending  such  investigation  and  the  determination  of  the 
matters  investigated  by  issuing  an  order  to  that  effect  at  any  time 
before  said  change  or  changes  shall  take  effect  as  in  this  section 
provided.     If  upon  such  investigation  the  change  or  changes 

1388  complained  of  shall  be  found  unreasonable  or  unjustly  dis- 
criminatory such  change  or  changes  shall  not  take  effect  if  the 
same  have  been  stayed  and  in  case  no  such  stay  has  been  ordered 
and  such  change  or  changes  have  become  effective  pending  such 
investigation  commission  may  order  the  discontinuance  of  such 
change  or  changes.  Commission  may  upon  such  investigation  fix 
and  order  substituted  for  any  such  change  or  changes  such  rate  or 
rates,  joint  rate  or  rates,  fares,  charges,  classification,  rule,  regu- 
lation, practice  or  service,  as  the  case  may  be,  as  it  shall  have 
determined  to  be  just  and  reasonable  and  which  shall  be  charged, 
imposed  or  followed  in  the  future,  and  may  make  such  orders  re- 
specting such  rule,  regulation,  practice  or  service  as  it  shall  have 
determined  to  be  reasonable  and  which  shall  be  observ^ed  and  fol- 
lowed in  the  futiu-e.  Commission  may  exercise  all  the  powers 
granted  it  by  this  section,  of  its  own  motion  without  formal  com- 
plaint being  filed  by  anyone.  Laws  1905,  ch.  J62,  sec.  i/97-4(e), 
as  amended  by  Laws  iQog,  ch.  355. 

357 


I.  VALIDITY  OF  RATES  AND  CHARGES 
PRESCRIBED  BY  COMMISSION  AND 
PERIOD   OF   ENFORCEMENT. 

UNITED   STATES      All  orders  of  commission  except  orders  for  the 

payment  of  money  shall  take  effect  within  such  reasonable  time 

•    not  less  than  30  days  and  shall  continue  in  force  for  such  period 

1389  of  time  not  exceeding  two  years  as  shall  be  prescribed  in  the  order 
of  commission  imless  the  same  shall  be  suspended  or  modified  or 
set  aside  by  commission  or  by  a  court  of  competent  jurisdiction. 
Act  to  Regulate  Commerce,  sec.  15. 

ALABAMA  All   rates,   charges,   classifications,  rules   and 

regulations  adopted  or  acted  upon  by  any  transportation  com- 

1390  pany  inconsistent  with  those  prescribed  by  commission  or  in- 
consistent with  those  prescribed  by  any  statute,  shall  be  un- 
lawful.    Code  igoj,  sec.  5651. 

All  rates,  fares,  charges,  classifications  and  joint  rates  and 
orders  establishing  rules,  regulations,  practices,  or  services  fixed 
by  commission  shall  be  in  force  and  shall  be  deemed  prima  facie 

1391  reasonable  and  valid  in  any  court  wherein  is  properly  drawn  in 
question  the  reasonableness  or  validity  thereof,  and  the  burden 
shall  be  upon  the  party  attacking  said  rates  or  orders  to  show 
that  the  same  are  invalid  or  unfair  and  unreasonable.  Same, 
sec.  ^68 J. 

ARKANSAS  In  all  actions  between  private  parties  and  rail- 

road companies  brought  under  the  law  establishing  a  railroad 
commission  and  defining  its  powers  and  duties,  the  rates,  charges, 

1392  orders,  rules,  regulations  and  classifications  prescribed  by  com- 
mission before  the  institution  of  such  action  shall  be  held,  deemed 
and  accepted  to  be  reasonable,  fair  and  just,  and  in  such  respects 
shall  not  be  controverted  therein.  Kirby^s  Digest  igo4,  sec. 
6809. 

COLORADO  Identical  with  par.    1389,   except  that   "all 

orders  of  commission  except  orders  for  the  payment  of  money" 

1393  reads  "all  orders  of  commission."  Laws  igio,  sp.  sess.,  ch.  5, 
sec.  75. 

FLORIDA  The    schedule   of   rates   furnished    by    com- 

mission, certified  by  the  chairman  of  commission,  shall  be  ad- 
mitted in  evidence  without  necessity  for  other  proof,  and  shall  in 
all  suits  brought  against  any  railroad  corporation  wherein  is  in- 

358 


volved  the  rates  of  any  such  railroad  corporation  for  the  trans- 

1394  portation  of  freight  of  any  description,  or  charges  for  the  trans- 
portation or  use  of  any  kind  of  car  upon  the  tracks  of  any  railroad 
or  any  of  the  branches  thereof,  or  for  transportation  of  any 
passenger  or  passengers  or  for  any  unjust  discrimination  in  re- 
lation thereto,  be  deemed  and  taken  in  all  courts  of  the  state  as 
prima  facie  evidence  that  the  rates  fixed  in  such  schedule  are 
just  and  reasonable.     Gen.  Stats.  iqo6,  sec.  28qq. 

All  the  rules  and  regulations  made  and  prescribed  by  com- 
mission for  the  transportation  of  persons  and  property  on  the 
railroads  subject  to  the  provisions  of  this  act,  or  to  prevent  unjust 

1395  discrimination  or  other  abuses  by  them,  shall  be  deemed  and 
held  to  be  prima  facie  reasonable  and  just  and  are  made  prima 
facie  evidence  in  the  same  manner  the  schedules  are  made 
prima  facie  evidence.     Same,  sec.  2goj. 

GEORGIA  The  schedules  of  rates  for  railroad  corpora- 

tions made  by  commission  shall  in  suits  brought  against  such 
corporations  wherein  is  involved  the  charges  of  any  such  corpora- 

1396  tion  for  the  transportation  of  any  passengers  or  freight  or  cars  or 
unjust  discrimination  in  relation  thereto,  be  deemed  and  taken 
in  all  courts  of  the  state  as  sufficient  evidence  that  the  rates 
therein  fixed  are  just  and  reasonable.    Code  igii,  sec.  26 ji. 

Schedules  prepared  by  commission  shall  not  be  taken  as 
evidence,  as  herein  provided,  until  schedules  have  been  prepared 
and  published  for  all  the  railroad  companies  now  organized  under 
the  laws  of  the  state  or  that  may  be  organized  at  the  time  of  the 
said  publication.     All  schedules  purporting  to  be  printed  and 

1397  published  as  provided  by  law  shall  be  received  and  held  in  all 
such  suits  as  prima  facie  the  schedules  of  commission  without 
further  proof  than  the  production  of  the  schedules  desired  to  be 
used  as  evidence  with  a  certificate  of  commission  that  the  same 
is  a  true  copy  of  the  schedtde  prepared  by  it  for  the  railroad  com- 
pany or  corporation  therein  named,  and  that  the  same  has  been 
duly  published  as  required  by  law.     Same,  sec.  26 j2. 

ILLINOIS  The  schedules  made  for  railroad  corporations 

(common  carriers)  by  commission  shall  in  all  suits  brought 
against  such  railroad  corporations  (common  carriers)  wherein  is 
in  any  way  involved  the  charges  of  any  such  railroad  corporation 

1398  (common  carrier)  for  the  transportation  of  any  passenger  or 
freight  or  cars  or  imjust  discrimination  in  relation  thereto,  be 
deemed  and  taken  in  all  courts  of  the  state  as  prima  facie  evidence 

359 


that  the  rates  therein  fixed  are  reasonable  maximiim  rates. 
Revisal  igog,  ch.  114,  sec.  iji  {railroad  corporations),  sec.  ig8 
{common  carriers). 

All  schedules  shall  be  received  and  held  in  all  such  suits  as 
prima  facie  the  schedules  of  commission  without  further  proof 

1399  than  the  production  of  the  schedules  desired  to  be  used  as 
evidence  with  a  certificate  of  commission  that  the  same  is  a  true 
copy  of  a  schedule  prepared  by  it  for  the  railroad  company  or 
corporation  (common  carrier)  therein  named.     Same. 

IOWA  The  schedules  of  reasonable  maximum  rates 

of  charges  for  the  transportation  of  freight  and  cars  together 

1400  with  the  classification  of  such  freight  now  in  effect  shall  remain 
in  force  until  changed  by  commission  according  to  law.  Code 
iSgy,  sec.  2ij8. 

In  all  actions  brought  against  railway  corporations  (express 
companies)  wherein  there  are  involved  the  charges  thereof  for  the 
transportation  of  any  freight  or  cars  (or  property,  in  the  case  of 
express  companies)   or  any  unjust  discrimination  in  relation 

1401  thereto,  the  schedules  of  reasonable  maximum  rates  of  charges 
made  by  commission  shall  be  taken  as  prima  facie  evidence  in  all 
courts  that  the  rates  fixed  therein  are  reasonable  and  just  maxi- 
mum rates.  Same,  sec.  2138  {railway  corporations)  sec.  2i6^{c) 
{express  companies) . 

When  a  printed  copy  of  the  schedule  of  rates  revised  by  com- 
mission is  certified  by  commission  as  a  true  copy  prepared  by  it 
for  the  railway  company  or  corporation  therein  named  and  that 

1402  notice  thereof  has  been  published  as  required  by  law,  it  shall  be 
received  in  evidence  in  all  actions  as  prima  facie  the  schedule  of 
commission.     Same,  sec.  2ij8. 

All  decisions  of  commission  with  respect  to  rates  entered  on 
record  of  commission  including  any  schedules  and  classifications 
fixed  and  determined  by  commission  shall,  when  duly  authen- 
ticated, be  received  and  held  in  all  suits  brought  against  any 

1403  railroad  corporation  or  common  carrier  wherein  is  in  any  way 
involved  the  charges  of  any  such  corporation  or  common  car- 
rier mentioned  in  said  decisions  in  any  of  the  courts  of  the  state 
as  prima  facie  evidence  that  the  rates  therein  fixed  are  reason- 
able maximum  rates  the  same  as  the  schedule  made  by  com- 
mission as  provided  in  section  2138.     Same,  sec.  2 141. 

KANSAS  Rates  for  water  fixed  by  commission  shall  be 

1404  binding  upon  the  irrigation  companies  for  one  year  from  the  date 

360 


of  commission's  decision  and  until  the  further  order  of  commis- 
sion.    Gen.  Stats,  igog,  sec.  4477. 

All  orders,  regulations,  practices,  services,  rates,  fares, 
charges,  classifications,  tolls  and  joint  rates  fixed  by  commission 
shall  be  in  force  and  effect  on  and  after  30  days  from  the  making 

1405  thereof  and  expiration  of  30  days  after  service  aforesaid,  shall  be 
prima  facie  reasonable  unless  or  until  changed  or  modified  by 
commission  or  in  pursuance  of  proceedings  instituted  in  court  as 
provided,  in  this  act.     Laws  igii,  ch.  2j8,  sec.  18. 

All  findings,  rates,  joint  rates,  fares,  tolls,  charges,  rules, 
regulations,  classifications  and  schedules  fixed  and  established  by 
commission  shall  be  in  full  force  and  effect  and  all  regulations, 

1406  practices,  services  and  acts  prescribed  or  required  by  commission 
to  be  done  or  carried  into  effect  unless  otherwise  found  and  de- 
termined or  stayed  by  a  court  of  competent  jurisdiction.  Same, 
sec.  ig. 

See  also  pars,  gij,  gi6. 

LOUISIANA  Every  order  or  decision  of  commission,  fixing 

and  establishing  a  rate  or  charge  for  the  transportation  of  passen- 
gers or  freight,  or  for  the  transmission  of  messages  or  conversa- 
*^tions  by  telephone  or  telegraph,  within  the  state,  shall  go  into 

1407  effect  at  such  times  as  may  be  fixed  by  commission,  and  shall  re- 
main in  effect  and  be  complied  with  unless  and  until  set  aside  by 
commission,  or  by  a  final  judgment  of  a  court  of  competent  juris- 
diction, rendered  on  final  trial  in  a  suit  to  set  aside  and  annul  the 
same.     Const.,  art.  286. 

All  orders  of  commission  made  and  entered  upon  its  records, 
respecting  rates,  charges,  rules,  regulations  and  classifications, 
affecting  any  railroad,  express,  telephone,  telegraph,  steamboat, 
or  other  water  craft,  or  sleeping  car  company,  or  other  individual, 
corporation  or  carrier,  or  requiring  the  performance  of  any  act  by 

1408  any  such  railroad,  express,  telephone,  telegraph,  steamboat,  or 
other  water  craft,  or  sleeping  car  company,  or  other  individual, 
company  or  corporation,  shall  be  operative  and  in  full  force  and 
affect  from  and  after  the  time  fixed  for  the  same  to  become  effec- 
tive by  commission,  unless  such  orders  be  thereafter  changed, 
altered,  modified,  or  set  aside  by  a  court  of  competent  jur- 
isdiction.    Stats.  igo8,  no.  171,  sec.  i. 

MARYLAND  The  price  fixed  by  commission  shall  be  the 

maximimi  price  to  be  charged  by  any  person  or  corporation  for 
gas  or  electricity  in  any  municipaHty  or  county  until  commission 

361 


shall  upon  complaint  as  provided  in  this  section  or  by  the  cor- 

1409  poration  interested  or  upon  its  application  for  a  new  adjustment 
of  rates  or  upon  an  investigation  conducted  by  commission  on  its 
own  motion,  again  fix  the  maximum  price  according  to  law  of 
such  gas  or  electricity.     Laws  ipio,  ch.  i8o,  sec.  j/. 

See  also  par.  g2g. 

MASSACHUSETTS     Orders  of  commission  relative  to  the  price  of 

1410  gas  or  electricity  shall  be  binding  upon  all  parties  until  further 
order  of  commission.     Rev.  Laws  igo2,  ch.  121,  sec.  35. 

MICHIGAN  The  price  fixed  by  commission  for  electricity, 

of  which  the  corporation  shall  have  notice,  shall  be  the  maximum 

1411  price  in  any  municipality  imtil  commission  shall  upon  like  com- 
plaint or  upon  the  complaint  of  the  person,  firm  or  corporation 
engaged  in  furnishing  such  electricity,  again  fix  the  maximum 
price  to  be  charged  therefor.     Pub.  Acts  igog,  no.  106,  sec.  7. 

When  there  are  two  or  more  rates  in  effect  between  the  same 
points  via  the  same  route,  the  lowest  published  rate  shall  be  the 

1412  only  legal  rate  applicable  in  the  state.  In  the  event  a  published 
through  rate  exceeds  any  combination  of  two  or  more  local  rates 
between  the  same  points  within  the  state  the  combination  form- 
ing the  lowest  rate  shall  govern.     Pub.  Acts  igog,  no.  300,  sec.  g. 

All  rates,  fares,  charges,  classifications  and  joint  rates  fixed 
by  commission  and  all  regulations,  practices  and  services  pre- 
scribed by  commission  shall  be  in  force  and  shall  be  prima  facie 

1413  lawful  and  reasonable  until  finally  found  otherwise  in  an  action 
brought  for  the  purpose  pursuant  to  the  provisions  of  section  26 
of  this  act  or  until  changed  or  modified  by  commission  as  pro- 
vided for  in  section  24  of  this  act.  Pub.  Acts  igir,  no.  ijg, 
sec.  25. 

MINNESOTA  The  tariff  made  by  commission  shall  be  deemed 

prima  facie  reasonable  in  all  courts  and  shall  be  in  full  force  dur- 

1414  ing  the  pendency  of  any  appeal  or  other  proceedings  to  review 
the  action  of  commission  in  establishing  the  same.  Rev.  Laws 
igo5,  sec.  ig6g. 

The  rates  established  under  proceedings  instituted  on  mo- 
1416  tion  of  commission  shall  be  in  force  during  the  pendency  of  any 
appeal  or  other  proceedings  to  review  the  action  of  commission. 
Same,  sec.  igyo. 

See  also  par.  gjg. 

MISSOURI  A  copy  of  the  schedules  made  by  commission 

certified  by  the  secretary  of  commission  shall,  in  proceedings 

362 


1416  wherein  is  involved  the  reasonableness  and  justness  of  the 
charges  and  rates  of  commission,  be  prima  facie  evidence  that 
the  rates  therein  fixed  are  reasonable  and  just.  Rev.  Stats,  igog, 
sec.  Ji8g. 

NEBRASKA  The  schedules  of  rates  and  charges  fixed  and 

prescribed  by  commission  shall  go  into  effect  not  less  than  30 
days  nor  more  than  60  days  within  the  discretion  of  commission, 
after  the  same  have  been  completed  and  copies  thereof  mailed  to 
the  railway  companies  and  common  carriers  affected  thereby, 

1417  and  any  or  all  rates  therein  contained  shall  be  and  remain  in 
force  and  effect  from  and  after  said  time  unless  modified,  annulled 
or  otherwise  revised  either  in  whole  or  in  part  by  commission 
upon  a  hearing  with  respect  thereto  or  until  such  rate  or  rates 
are  finally  adjudged  to  be  unreasonable  and  unjust  in  a  court  of 
competent  jurisdiction.    Cobbey's  Annot.  Stats,  igog,  sec.  lodj^. 

A  copy  or  copies  of  the  schedule  of  rates  and  charges  fixed 
and  prescribed  by  commission  when  duly  authenticated  shall  be 
received  in  evidence  in  all  courts  in  the  state  without  further 

1418  proof  as  prima  facie  evidence  that  the  rates  therein  contained  are 
those  fixed  by  commission  and  that  said  rates  are  prima  facie 
just  and  reasonable.     Same. 

The  decision  of  commission  affirming,  revising,  annulling  or 
modifying  any  or  all  rates  complained  of  in  the  original  schedule 
or  in  any  subsequent  schedule  under  investigation  when  duly 
authenticated  shall  be  received  in  all  suits  brought  against  any 
railway  company  or  common  carrier  or  in  any  appeal  prosecuted 

1419  by  any  railway  company  or  common  carrier  from  said  decision 
wherein  is  in  any  way  involved  the  charges  of  any  such  railway 
company  or  common  carrier  in  any  of  the  courts  of  the  state 
as  prima  facie  evidence  that  the  rates  therein  fixed  are  just  and 
reasonable,  the  same  as  the  original  schedule  made  by  com- 
mission.    Same,  sec.  io6^j{c). 

Any  rate  or  rates  that  have  been  revised  or  modified  in 
schedule  form  and  the  schedules  of  any  and  all  rates  so  modified 
or  revised  on  hearing  shall  be  in  force  and  effect  30  days  after 
the  decision  of  commission  was  mailed  to  the  railroad  company, 

1420  common  carrier,  person  or  persons  or  corporations  affected 
thereby,  and  shall  continue  so  imtil  further  modified,  revised  or 
annulled  by  commission  or  finally  adjudged  to  be  unreasonable 
and  imjust.     Same,  sec.  io6jj{d) . 

See  also  par.  1140. 

363 


NEVADA  All  rates,  fares,   charges,   classifications  and 

joint  rates  fixed  by  commission  shall  be  in  force  and  shall  be 
prima  facie  lawful  until  changed  or  modified  by  commission  or 
in  pursuance  of  section  i6  of  this  act.  All  regulations,  practices 
and  services  prescribed  by  commission  shall  be  in  force  and  shall 

1421  be  prima  facie  reasonable  imless  suspended  or  found  otherwise 
in  an  action  brought  for  that  ptirpose  pursuant  to  the  provisions 
of  section  i6  of  this  act  or  until  changed  or  modified  by  com- 
mission as  provided  for  in  paragraph  a,  section  14  of  this  act. 
Stats,  igoj,  ch.  44,  sec.  15,  as  amended  by  Stats,  igog,  ch,  121. 

All  rates  fixed  by  commission  shall  be  deemed  reasonable 

1422  and  just  and  shall  remain  in  full  force  and  effect  until  final  de- 
termination by  the  courts  upon  appeal.     Same,  sec.  16. 

All  rates,'  fares,  charges,  classifications  and  joint  rates  fixed 
by  commission  shall  be  enforced  and  shall  be  prima  facie  lawful 
from  the  date  of  the  order  until  changed  or  modified  by  com- 
mission or  in  pursuance  of  section  26  of  this  act.      All  regula- 

1423  tions,  practices  and  service  prescribed  by  commission  shall  be 
enforced  and  shall  be  prima  facie  reasonable  unless  suspended 
or  found  otherwise  in  an  action  brought  for  that  purpose  pur- 
suant to  the  provisions  of  section  27  of  this  act  or  until 
changed  or  modified  by  commission  itself  upon  satisfactory 
showing  made.     Stats,  igii,  ch.  162,  sec.  25. 

NEW  HAMPSHIRE  The  rates,  fares  and  charges  fixed  and  allowed 
by  commission  to  be  charged  and  collected  by  any  railroad  cor- 
poration and  the  charges  allowed  by  it  to  be  charged  by  any 
public  utility  shall  be  the  rates,  fares,  charges  or  prices  to  be 
charged  by  the  railroad  corporation  or  by  the  public  utility 

1424  affected  by  the  order  of  commission  fixing  the  same  for  such 
period  of  time  not  exceeding  two  years  as  shall  be  prescribed  in 
the  order  of  commission  imless  the  same  shall  be  suspended  or 
set  aside  by  a  coiirt  of  competent  jurisdiction.  Laws  igii,  ch. 
164,  sec.  ii{d). 

Nothing  herein  contained  shall  prevent  a  public  utility  at 
142B  any  time  from  entering  into  a  contract  with  a  customer  for  a 
period  exceeding  two  years  at  rates  then  lawful.     Same. 

NEW  YORK  The    price    fixed  by  commission  under   this 

section  or  under  subdivision  five  of  section  66  shall  be  the 
maximum  price  to  be  charged  by  any  person  or  corporation  for 
gas  or  electricity  for  the  service  to  be  furnished  and  for  a  period 

1426  to  be  fixed  by  commission  in  the  order  not  exceeding  three  years 

36*4 


except  in  the  case  of  a  sliding  scale  and  thereafter  until  com- 
mission shall  upon  its  own  motion  or  upon  the  complaint  of  any 
corporation,  person  or  municipality  interested,  fix  a  higher  or 
lower  maximum  price  of  gas  or  electricity  to  be  thereafter  charged. 
Laws  1910,  ch.  480,  sec.  72. 
See  also  par.  gg4. 

NORTH  CAROLINA  A  schedule  of  rates  fixed  by  commission  shall 
in  suits  brought  against  any  company  wherein  is  involved 
charges  of  any  company  for  the  transportation  of  any  passenger 

1427  or  freight  or  cars  or  imjust  discrimination  in  relation  thereto, 
be  taken  in  all  courts  as  prima  facie  evidence  that  the  rates 
therein  fixed  are  just  and  reasonable  rates.  PelVs  Revisal  igo8, 
sec.  1112. 

All  such  schedules  shall  be  received  and  held  in  all  suits  as 
prima  facie  evidence  of  the  schedules  of  commission  without 
further  proof  than  the  production  of  the  schedules  desired  to  be 

1428  used  as  evidence  with  a  certificate  of  the  clerk  of  commission 
that  the  same  is  a  true  copy  of  the  schedule  prepared  or  ap- 
proved by  it  for  the  railroad  company  or  corporation  therein 
named.     Same. 

NORTH  DAKOTA  A  provision  identical  with  par.  1398,  except 
that  ''the  rates  therein  fixed  are  reasonable  maximum  rates" 

1429  reads  "the  rates  therein  fixed  are  reasonable  and  just  maximum 
rates."  Rev.  Codes  1905,  sec.  4343,  as  amended  by  Laws  1911, 
ch.  2^^,  sec.  2. 

Also  a  provision  identical  with  par.  1399,  except  that  "and 

1430  that  notice  of  the  same  has  been  published  as  required  by  law," 
is  added.    Same. 

Any  decisions  with  respect  to  rates  made  by  commission  and 
entered  on  record  including  any  schedules  and  classifications 
shall,  when  duly  authenticated,  be  received  and  held  in  all  suits 
brought  against  any  railroad,  railroad  corporation  or  common 

1431  carrier  wherein  is  in  any  way  involved  the  charges  of  any  such 
railroad,  railroad  corporation  or  common  carrier  in  any  of  the 
courts  of  the  state  as  prima  facie  evidence  that  the  rates  therein 
fixed  are  reasonable  maximum  rates  the  same  as  the  schedule 
made  by  commission  as  provided  in  section  4343.  Same,  sec. 
4346- 

OHIO  All  rates,   fares,   charges,   classifications  and 

joint  rates  fixed  by  commission  shall  be  in  force  and  be  prima 

1432  facie  lawful  for  one  year  from  the  day  they  take  effect  or  until 

365 


changed  or  modified  by  commission  or  by  an  order  of  a  com- 
petent court  in  an  action  under  the  provisions  of  this  chapter. 
Code  igio,  sec.  541. 

All  regulations,  practices  and  service  prescribed  by  com- 
mission shall  be  in  force  and  be  prima  facie  reasonable  unless 

1433  suspended  or  found  otherwise  in  an  action  brought  for  that  pur- 
pose pursuant  to  the  provisions  of  this  chapter  or  until  changed 
or  modified  by  commission.     Same,  sec.  542. 

OKLAHOMA  All  rates,   charges,   classifications,   rules  and 

regulations  adopted,  or  acted  upon,  by  any  transportation  and 

1434  transmission  companies,  inconsistent  with  those  prescribed  by 
commission,  shall  be  unlawful  and  void.     Const.,  art.  ix,  sec.  18. 

OREGON  All  rates,   fares,   charges,   classifications  and 

joint  rates  fixed  by  commission  shall  be  in  force  and  shall  be 
prima  facie  lawful,  and  all  regulations,   practices   and   service 

1435  prescribed  by  commission  shall  be  in  force  and  prima  facie 
reasonable  until  finally  found  otherwise  in  an  action  brought 
for  that  piupose  pursuant  to  the  provisions  of  sections  32,  33, 
34  and  35  of  this  act.     Gen.  Laws  ipoy,  ch.  5j,  sec.  ji. 

All  rates,  tolls,  charges,  schedules  and  joint  rates  fixed  by 
commission  shall  be  in  force  and  shall  be  prima  facie  lawful  and 
all  regulations,  practices  and  services  prescribed  by  commission 

1436  shall  be  in  force  and  shall  be  prima  facie  lawful  and  reasonable 
until  found  otherwise  in  a  suit  brought  for  that  purpose  pur- 
suant to  the  provisions  of  sections  54,  55,  56  and  57  of  this  act. 
Gen.  Laws  igii,  ch.  2yg,  sec.  ^j. 

SOUTH  CAROLINA  Schedules  made  by  commission  shall  in  suits 
brought  against  any  railroad  corporation  wherein  is  involved  the 
charges  of  any  such  railroad  corporation  for  the  transportation 

1437  of  any  passenger  or  freight  or  cars  or  unjust  discrimination  in 
relation  thereto,  be  deemed  and  take  in  all  of  the  courts  of  the 
state  as  sufficient  evidence  that  the  rates  therein  fixed  are  just 
and  reasonable  rates.     Gen.  Stats.  igo2,  sec.  2og3. 

Schedules  made  or  revised  by  commission  shall  not  be  taken 
as  evidence  as  herein  provided  until  schedules  have  been  pre- 
pared and  published  as  required  by  law  for  all  the  railroad  com- 
panies now  organized  under  the  laws  of  this  state  or  that  may  be 
organized  at  the  time  of  said  publication.  All  such  schedules 
purporting  to  be  printed  and  published  as  aforesaid  shall  be  re- 

1438  ccivcd  and  held  in  all  such  suits  as  prima  facie  the  schedules  of 
commission  without  further  proof  than  the  production  of  the 

366 


schedule  desired  to  be  used  as  evidence  with  a  certificate  of  the 
railroad  commission  that  the  same  is  a  true  copy  of  the  schedule 
prepared  by  them  for  the  railroad  company  or  corporation  therein 
named  and  that  the  same  has  been  duly  published  as  required  by 
law.     Same. 

SOUTH  DAKOTA  The  schedules  made  by  om-m^^ssion  shall  in 
all  suits  brought  against  railroad  corporations  wherein  is  in  any 
way  involved  the  charges  of  any  such  railroad  corporation  for 

1439  the  transportation  of  passengers  and  freight  or  cars  or  unjust 
discrimination  in  relation  thereto,  be  deemed  and  taken  in  all 
courts  of  the  state  as  prima  facie  evidence  that  the  rates  and 
passenger  fares  therein  fixed  are  reasonable  and  just  maximum 
rates.     Rev.  Pol.  Code  igoj,  sec.  4^0. 

All  schedules  made  by  commission  shall  be  received  and  held 
in  all  such  suits  as  prima  facie  the  schedules  of  commission 
without  further  proof  than  the  production  of  the  schedule  de- 

1440  sired  to  be  used  as  evidence  with  a  certificate  of  commission  that 
the  same  is  a  true  copy  of  the  schedule  prepared  by  it  for  the 
railroad  company  or  corporation  therein  named,  and  that  notice 
of  making  the  same  has  been  published  as  required  by  law.  Same. 

The  schedules  made  by  commission  shall  in  all  suits  brought 
against  common  carriers  wherein  is  in  any  way  involved  the 
charges  of  any  such  common  carrier  for  the  transportation  of 
passengers,  freight,  cars,  express  or  messages  by  telephone  or  un- 

1441  just  discrimination  in  relation  thereto,  be  deemed  and  taken  in  all 
courts  of  the  state  as  prima  facie  evidence  that  the  rates  and 
passenger  fares  therein  fixed  are  reasonable  and  just  maximum 
rates.     Sess.  Laws  igii,  ch.  20'/,  sec.  20. 

All  sched-ules  made  by  commission  shall  be  received  and  held 
in  all  suits  as  prima  facie  the  schedule  of  commission  without 
further  proof  than  the  production  of  the  schedule  desired  to  be 

1442  used  as  evidence  with  a  certificate  of  commission  that  the  same 
is  a  true  copy  of  the  schedule  prepared  by  it  for  the  common 
carrier  or  corporation  therein  named  and  that  notice  of  making 
the  same  has  been  given  as  required  by  law.     Same. 

Any  decision  with  respect  to  rates  made  by  commission  and 
entered  upon  record  including  any  schedule  and  classification 
shall,  when  diily  authenticated,  be  received  and  held  in  all  suits 

1443  brought  against  any  common  carrier  wherein  is  in  any  way  in- 
volved the  charges  of  any  such  corporation  or  common  carrier 
mentioned  in  said  decision  in  any  of  the  courts  of  the  state  as 

367 


prima  facie  evidence  that  the  rates  and  fares  therein  fixed  are 
reasonable  maximtim  rates  and  fares.     Same,  sec.  2j. 
See  also  pars.  ii6^,  iiyo,  1173. 

TEXAS  In  all  actions  between  private  parties  and  rail- 

way companies,  the  rates,  charges,  orders,  rules,  regulations  and 
classifications  prescribed  by  commission  before  the  institution  of 
such  action  shall  be  held  conclusive  and  deemed  and  accepted  to 

1444  be  reasonable,  fair  and  just  and  in  such  respects  shall  not  be  con- 
troverted therein  until  finally  found  otherwise  in  a  direct  action 
brought  for  that  purpose  in  the  manner  prescribed  in  articles 
4565  and  4566.    Sayles'  Civ.  Stats.  iSgy,  art.  4^64. 

VIRGINIA       1445        Identical  with  par.  1434.    Const.,  sec.  156(b). 

WISCONSIN  All   rates,   fares,  charges,   classifications  and 

joint  rates  fixed  by  commission,  shall  be  in  force  and  shall  be 
prima  facie  lawful  and  all  regulations,  practices  and  service  pre- 

1446  scribed  by  commission  shall  be  in  force  and  prima  facie  reasonable 
imtil  finally  foimd  otherwise  in  an  action  brought  for  that  pur- 
pose pursuant  to  the  provisions  of  section  16  of  this  act.  Laws 
1905,  ch.  j62,  sec.  ijgy-i$. 

All  rates,  tolls,  charges,  schedules  and  joint  rates  fixed  by 
the  commission  shall  be  in  force  and  shall  be  prima  facie  lawful, 
and  all  regulations,  practices  and  services  prescribed  by  the  com- 

1447  mission  shall  be  in  force  and  shall  be  prima  facie  reasonable  imtil 
finally  fotind  otherwise  in  an  action  brought  for  that  purpose 
pursuant  to  the  provisions  of  section  i797m-64.  Laws  igoy, 
ch.  4gg,  sec.  iygym-63. 


368 


CHAPTER   V 

Publicity  of  Rates 


SCOPE  NOTE 

This  chapter  includes  provisions  prescribing  publicity 
in  the  establishment  and  change  of  rates  by  utilities  or 
commissions,  and  such  grants  oj  power  as  authorize  com- 
missions to  render  publicity  in  rate  making  elective.  For 
provisions  incidentally  involving  publicity  oj  rates,  sched- 
ules or  classifications  on  file  with  commissions,  see  ch. 
xiv,  on  commission  procedure  and  practice.  For  pro- 
visions prohibiting  any  rates  other  than  those  specified  in 
published  schedules  or  the  remittance  of  any  portion  of 
such  rates,  and  for  those  requiring  the  publication  and 
filing  with  commissions  of  lists  of  persons  to  whom  free  or 
reduced  rate  or  special  service  has  been  granted,  see  ch. 
vi,  on  discrimination  in  rates  and  service.  For  provisions 
indicating  the  principles  to  be  observed  in  determining 
proper  rates,  see  ch.  iii,  on  basis  of  rate  making.  For 
provisions  authorizing  commissions  to  regulate  or  pre- 
scribe rates,  see  ch.  iv,  on  establishment  and  change  of 
rates.  For  provisions  regulating  rate  making  in  prac- 
tice, see  ch.  vi,  on  discrimination  in  rates  and  service. 
For  provisions  prescribing  general  procedure  to  be  fol- 
lowed in  the  exercise  of  commission  authority,  see  ch. 
xiv,  on  commission  procedure  and  practice.  For  pro- 
visions prescribing  general  rules  of  enforcement  and 
judicial  review,  see  ch.  xv,  on  enforcement.  For  general 
statement  of  scope  and  method,  see  introduction. 


ANALYSIS 

PAGE 

A.  Filing  of  schedules 371 

B.  Matters  to  be  contained  in  schedules 386 

C.  Publication  and  posting  of  schedules 390 

D.  The  forms  of  schedules 402 

E.  Filing,  publishing  and  posting  of  schedules  as  a  condition  precedent  to 

the  exercise  of  the  right  to  do  business 406 

F.  Publicity  of  changes  by  utilities  in  rates  and  schedules 408 

G.  Information  as  to  specific  rates 42 1 

H.     Filing  of  leases,  contracts  and  arrangements 424 

369 


A.    FILING   OF   SCHEDULES.' 

UNITED  STATES  Every  common  carrier  shall  file  with  com- 
mission and  print  and  keep  open  to  pubHc  inspection  schedules 
showing  all  the  rates,  fares  and  charges  for  transportation  be- 
tween different  points  on  its  own  route  and  between  points  on  its 
own  route  and  points  on  the  route  of  any  other  carrier  by  railroad, 

1448  by  pipe  line,  or  by  water  when  a  through  route  and  joint  rate 
have  been  established.  If  no  joint  rate  over  the  through  route 
has  been  established,  the  several  carriers  in  such  through  route 
shall  file,  print  and  keep  open  to  public  inspection  the  sepa- 
rately established  rates,  fares  and  charges  applied  to  the  through 
transportation.     Act  to  Regulate  Commerce,  sec.  6. 

In  case  of  failure  or  refusal  of  any  carrier,  receiver  or  trustee 
to  comply  with  the  terms  of  any  regulation  adopted  and  pro- 
mtilgated,  or  any  order  made  by  commission  under  the  provisions 
of  this  section,  such  carrier,  receiver  or  trustee  shall  be  liable  to  a 

1449  penalty  of  $500  for  each  such  offense  and  $25  for  each  and  every 
day  of  the  continuance  of  such  offense,  which  shall  accrue  to  the 
United  States  and  may  be  recovered  by  civil  action  brought  by 
the  United  States.     Saw.e. 

Before  any  common  carrier  shall  issue  any  interchangeable 
mileage  tickets  with  special  privileges,  it  shall  file  with  com- 
mission copies  of  the  joint  tariffs  of  rates,  fares  or  charges  on 
which  such  joint  interchangeable  mileage  tickets  are  to  be  based, 
together  with  specifications  of  the  amoimt  of  free  baggage  per- 
mitted to  be  carried  under  such  tickets,  in  the  same  manner  as 

1460  common  carriers  are  required  to  do  with  regard  to  other  joint 
rates  by  section  6  of  this  act;  and  all  the  provisions  of  said 
section  6  relating  to  joint  rates,  fares  and  charges  shall  be  ob- 
served by  said  common  carriers  and  enforced  by  commission  as 
fully  with  regard  to  such  joint  interchangeable  mileage  tickets  as 
with  regard  to  other  joint  rates,  fares  and  charges  referred  to  in 
said  section  6.     Same,  sec.  22. 

The  wilful  failure  upon  the  part  of  any  carrier  to  file  and  pub- 
lish the  tariffs  or  rates  and  charges  as  required  by  law  or  strictly 
to  observe  such  tariffs  until  changed  according  to  law  shall  be  a 

1461  misdemeanor,  and  upon  conviction  thereof  the  corporation  offend- 
ing shall  be  subject  to  a  fine  of  not  less  than  $1,000  nor  more  than 
$20,000  for  each  offense.     Elkins  Act,  sec.  i. 

See  also  par.  152^. 

'See  also  pars.  1653-1697. 


370 


ALABAMA  Every  common  carrier  shall  cause  to  be  printed 

or  typewritten  in  plain  type  or  characters,  and  shall  file  with 
commission  within  a  reasonable  time  to  be  fixed  by  commission, 
and  shall  keep  open  to  public  inspection  schedules  showing  all  the 
rates,  fares  and  charges  for  the  transportation  of  property  and 
passengers,  and  any  service  in  connection  therewith  which  it  has 

1452  established  or  which  have  been  established  by  statute  or  by  com- 
mission between  all  points  in  the  state  on  its  own  route,  and, 
when  a  through  route  and  joint  rate  have  been  established,  be- 
tween all  points  in  the  state  on  its  route  and  all  points  in  the 
state  on  the  route  of  any  other  carrier  by  railroad  or  by  water 
with  which  a  through  route  and  joint  rate  have  been  established. 
Code  igoy,  sec.  5521. 

See  also  par.  2086. 

ARIZONA,  CALIFORNIA 

Every  common  carrier  shall  file  with  com- 
mission and  shall  print  and  keep  open  to  public  inspection 
schedules  showing  the  rates,  fares,  charges  and  classifications  for 
the  transportation  between  termini  within  this  state  of  persons 
and  property  from  each  point  on  its  route  to  all  other  points  there- 
on; and  from  each  point  upon  its  route  to  all  points  upon  every 
other  route  leased,  operated  or  controlled  by  it;  and  from  each 
point  on  its  route  or  upon  any  route  leased,  operated  or  con- 

1453  trolled  by  it  to  all  po'nts  upon  the  route  of  any  other  common 
carrier,  whenever  a  through  route  and  a  joint  rate  shall  have  been 
'established  or  ordered  between  any  two  such  points.  If  no 
joint  rate  over  a  through  route  has  been  established,  the  schedules 
of  the  several  carriers  in  such  through  route  shall  show  the 
separately  established  rates,  fares,  charges  and  classifications 
applicable  to  the  through  transportation.  Ariz. — Sess.  Laws 
igi2,  ch.  go,  sec.  I4{a);  Cat. — Stats,  igii,  ist.  ex.  sess.,  ch.  14, 
sec.  14(a). 

Under  such  rules  and  regulations  as  commission  may  pre- 
scribe every  public  service  corporation^  other  than  a  common 
carrier  shall  file  with  commission  within  such  time  and  in  such 
form  as  commission  may  designate  and  shall  print  and  keep  open 

1454  to  public  inspection,  schedules  showing  all  rates,  tolls,  rentals, 
charges  and  classifications  collected  or  enforced  or  to  be  col- 
lected or  enforced,  together  with  all  rules,  regulations,  contracts, 
privileges  and  facilities  which  in  any  manner  affect  or  relate  to 

1  *'  Public  utility,"  in  California. 


rates,  tolls,  rentals,  classifications  or  service.  Ariz. — Same,  sec. 
i4{b);  Cat. — Same,  sec.  14Q)). 

Unless  otherwise  ordered  by  commission  a  schedule  showing 
joint  tariff,  rate,  toll,  fare,  contract,  classification  or  charge  need 
be  filed  with  commission  by  only  one  of  the  parties  to  it;  pro- 
1465  vided  that  there  is  also  filed  with  commission  in  such  form  as 
commission  may  require  a  concurrence  in  such  joint  tariff,  rate, 
toll,  fare,  contract,  classification  or  charge  by  each  of  the  other 
parties  thereto.     Ariz. — Same,  sec.  16,'  Cat. — Same,  sec.  16. 

Every  common  carrier  and  every  telegraph  and  telephone 
corporation  shall  print  and  file  or  cause  to  be  filed  with  commis- 
sion, schedules  showing  all  the  rates,  fares,  tolls,  rentals,  charges 
and  classifications  for  the  transportation  of  persons  or  property 
or  the  transmission  of  messages  or  conversations  between  all 
points  within  this  state  and  all  points  without  the  state  upon  its 
1456  route,  and  between  all  points  within  this  state  and  all  points 
without  the  state  upon  every  route  leased,  operated  or  controlled 
by  it,  and  between  all  points  on  its  route  or  any  route  leased, 
operated  or  controlled  by  it  within  this  state  and  all  points 
without  the  state  upon  the  route  of  any  other  common  carrier  or 
telegraph  or  telephone  corporation,  whenever  a  through  route  and 
joint  rate  shall  have  been  established  between  two  such  points. 
Ariz.— Same,  sec.  18;  Cal. — Same,  sec.  18. 

See  also  pars,  jig,  y22. 

COLORADO  Substantially  identical  with  par.  1448.  Laws 

1467  igio,  sp.  sess.,  ch.  5,  sec.  6. 

ILLINOIS  Each  and  every  express  company  and  carrier 

by  express  shall  file  with  commission  printed  copies  of  all  schedules 

1458  and  charges  or  amendments  thereto  that  may  be  made  or  pro- 
mulgated from  time  to  time,  also  all  changes  in  said  schedules, 
tariffs,  classifications,  regulations  and  rules  as  prescribed  and 
defined  by  law.     Revisal  igog,  ch.  114,  sec.  j/i. 

Any  express  company  or  carrier  by  express  or  any  officer, 
representative,  servant,  agent,  lessee,  trustee  or  receiver  of  such 
express  company  or  carrier  by  express  knowingly  failing  or  neg- 
lecting to  obey  any  order  made  under  the  provisions  of  this  sec- 

1459  tion  shall  be  fined  in  any  sum  not  exceeding  $1,000  for  each 
offense  to  be  recovered  in  an  action  of  debt  in  the  name  of  the 
people  of  the  state  of  Illinois,  and  there  may  be  several  counts 
joined  in  the  same  declaration.  Each  distinct  violation  shall  be  a 
separate  offense,  and  in  case  of  a  continuing  violation,  the  viola- 
tion for  each  day  shall  be  deemed  a  separate  offense.     Same. 

372 


INDIANA  The  classification  of  freight  on  all  railroads  in 

this  state  shall  be  uniform,  and  every  carrier  shall  print  in  plain 
type  and  file  with  commission,  within  60  days  after  this  act  goes 
into  effect,  unless  commission,  for  cause  shown,  shall  extend 
such  time,  schedules  which  shall  be  open  to  public  inspection, 
showing  all  rates  and  charges  for  the  transportation  of  passengers 
and  property,  and  for  sleeping  and  parlor  car  service  and  accom- 
modations, and  schedules  of  joint  rates  showing  all  joint  rates, 
fares  and  charges  for  the  transportation  of  passengers  and  prop- 
erty, and  for  sleeping  and  parlor  car  service  and  accommoda- 

1460  tions,  and  of  any  service  in  connection  with  all  such  transporta- 
tion which  it  has  established,  and  which  are  in  force  at  that  time 
between  all  points  in  this  state  upon  its  lines,  or  any  line  con- 
trolled or  operated  by  it,  upon  its  lines  or  any  one  or  more  con- 
necting lines,  and  such  carriers  shall  file  with  commission  within 
such  time,  the  classification  of  freight  in  force  on  its  line.  Such 
carrier  shall  also  file  with  commission  schedules  of  all  such  rates 
which  it  shall  adopt  and  put  into  effect  after  such  date,  and  in  the 
manner  here  provided,  at  least  two  days  before  the  same  becomes 
effective;  provided  that  commission,  upon  a  showing  made,  can 
put  such  new  rates  into  effect  at  once.     Acts  igii,  ch.  22 j,  sec.  i. 

Upon  demand  therefor  by  commission,  every  carrier  shall 
file  with  commission  any  schedule  of  rates  in  force  on  its  line  for 

1461  the  carriage  of  passengers  or  property  in  interstate  commerce  to 
enable  commission  to  perform  the  duties  devolved  upon  it  by 
this  act,  and  any  such  schedule  shall  be  filed  within  five  days 
after  the  same  has  been  demanded.     Same. 

See  also  par.  1538. 

IOWA  If  passengers  and  freight  pass  over  continuous 

lines  or  routes  in  this  state,  operated  by  more  than  one  common 

1462  carrier,  and  the  several  common  carriers  operating  such  lines  or 
routes  have  established  joint  tariffs  of  rates,  fares  or  charges  for 
such  continuous  lines  or  routes,  copies  of  such  joint  tariffs  shall 
be  filed  with  commission.     Code  iSgy,  sec.  2128. 

If  any  common  carrier  shall  neglect  or  refuse  to  file  or  pub- 
lish its  schedule  or  tariff  of  rates,  fares  and  charges,  or  any  part 
of  the  same,  it  shall,  in  addition  to  the  other  penalties  prescribed 
by  law,  be  subject  to  a  writ  of  mandamus  to  be  issued  by  any  dis- 
trict court  of  the  state  in  the  judicial  district  wherein  its  principal 
ofhce  is  situated,  or  wherein  such  offense  may  be  committed.  If 
such  common  carrier  be  a  foreign  corporation,  then  such  writ 

1463  may  be  issued  by  any  district  court  in  the  judicial  district  where 

3  73 


it  accepts  traffic  and  has  an  agent  to  perform  such  service,  to 
compel'  compHance  with  the  provisions  of  this  section — such 
writ  to  issue  in  the  name  of  the  state  at  the  relation  or  upon  the 
petition  of  commission;  and  the  failure  to  comply  with  its  re- 
quirements shall  be  punishable  as  for  contempt,  and  shall  make 
said  corporation  liable  to  a  penalty  of  $500  for  each  day's  failure 
to  comply  therewith;  and  when  such  writ  of  mandamus  shall  be 
applied  for,  no  bond  shall  be  required.  Same. 
See  also  par.  i8y8. 

KANSAS  All  railroads  shall  furnish  commission  copies  of 

all  their  schedules  of  rates,  charges  and  classifications  of  freight, 
joint  tariffs,  and  divisions  of  rates,  and  shall,  in  addition  thereto, 
furnish  commission  with  copies  of  all  rules  and  regulations  con- 
cerning the  switching  or  transfer  of  freight  and  cars,  and  of  rules 
providing  charges  therefor,  and  copies  of  all  rules,  orders  or 

1464  schedules  fixing  or  providing  for  mileage,  per  diem,  demurrage  or 
storage  charges,  or  for  use  of  cars,  loaded  or  empty,  and  of  printed 
rules  governing  the  action  of  employes  in  operating  trains  en- 
gaged in  switching,  passenger  or  freight  traffic;  and  upon  the 
adoption  of  any  new  clas  ification,  schedule  of  rates,  rules  or 
orders  by  any  such  railroad  company,  it  shall  within  ten  days 
thereafter  furnish  commission  with  copies  thereof.  Gen.  Stats. 
igog,  sec.  7174. 

Failure  of  any  railroad  company  to  furnish  any  of  the  things 
above  provided  within  the  time  specified,  shall  subject  such  rail- 

1465  road  company  to  a  fine  of  not  less  than  $100  nor  more  than 
$1,000  for  each  day  that  such  fai'ure  and  neglect  shall  continue, 
and  each  day  of  such  continuance  shall  constitute  a  separate 
offense.     Same. 

Every  public  utility  and  every  common  carrier  shall  publish 
and  file  with  commission  copies  of  all  schedules  of  rates,  joint 
rates,  tolls,  fares,  charges,  classifications  and  divisions  of  rates 
affecting  Kansas  traffic,  either  state  or  interstate,  and  shall  fur- 
nish commission  with  copies  of  all  rules,  regulations  and  con- 

1466  tracts  between  common  carriers  or  public  utilities  pertaining  to 
any  and  all  services  to  be  rendered  by  such  public  utility  or  com- 
mon carrier.  Commission  may  prescribe  reasonable  rules  and 
regulations  regarding  the  printing  and  filing  of  all  schedules, 
tariffs,  and  classifications  of  all  rates,  joint  rates,  tolls,  fares, 
charges  and  all  rules  and  regulations  of  such  public  utilities  and 
common  carriers.     Laws  igii,  ch.  2j8,  sec.  11. 

374 


KENTUCKY  All  railroad  companies  doing  business  in  this 

state  upon  lines  owned  or  leased  by  them  shall,  within  30  days 
after  this  act  goes  into  effect,  furnish  commission  copies  of  all 

1467  their  rates  and  tariffs  then  in  force;  and  shall  also  furnish  com- 
mission with  copies  of  all  rates  and  tariffs,  or  changes  therein, 
thereafter  made,  at  the  date  that  the  same  are  issued.  Car- 
rolVs  Stats,  igog,  sec.  y8i. 

MARYLAND  Every  common  carrier  shall  file  with  commis- 

sion and  shall  print  and  keep  open  to  public  inspection,  schedules 
showing  the  rates,  fares  and  charges  for  the  transportation  of 
passengers  and  property  within  the  state  between  each  point 
upon  its  route  and  all  other  points  thereon;  and  between  each 
point  upon  its  route,  and  all  points  upon  every  route  leased,  oper- 
ated or  controlled  by  it;  and  between  each  point  on  its  route  or 

1468  upon  any  route  leased,  operated  or  controlled  by  it,  and  all  points 
upon  the  route  of  any  other  common  carrier,  whenever  a  through 
route  and  joint  rate  shall  have  been  established  or  ordered  be- 
tween any  two  such  points.  If  no  joint  rate  over  the  through 
route  has  been  established,  the  several  carriers  in  such  through 
route  shall  file,  print  and  keep  open  to  public  inspection,  the 
separately  established  rates,  fares  and  charges  applied  to  the 
through  transportation.     Laws  igio,  ch.  180,  sec.  15. 

See  also  pars.  723,  1540. 

MICHIGAN  Every  common  carrier  shall  file  with  com- 

mission and  print  and  keep  open  to  public  inspection  in  each  of 
its  depots  and  offices,  schedules  showing  all  rates,  fares  and 
charges  for  transportation,  both  of  passengers  and  property,  be- 
tween different  points  on  its  own  route,  and  between  points  on 

1469  its  own  route  and  on  the  route  of  any  other  carrier,  when  a 
through  route  and  joint  rate  have  been  established.  If  no  joint 
rate  over  the  through  route  has  been  established,  the  several  car- 
riers in  such  through  route  shall  file,  print  and  keep  open  to  public 
inspection  the  separately  established  rates,  fares  and  charges 
applied  to  the  through  transportation.  Puh.  Acts  igii,  no.  ijg, 
sec.  io{a). 

Every  common  carrier  shall  within  90  days  unless  further 
time  be  granted  by  commission,  file  in  the  office  of  commission 

1470  copies  of  all  schedules  of  rates,  including  joint  rates  in  force  on  its 
line  or  lines  between  points  within  the  state  on  the  date  this  act 
takes  effect,  not  previously  filed  by  such  carrier  with  commission. 
Same,  sec.  io(i). 

375 


Any  freight  tariffs  issued  by  common  carriers  relating  to  in- 
terstate traffic  in  this  state  or  by  any  common  carrier  relating 
L471  either  to  interstate  or  to  intrastate  traffic  wholly  by  water  routes 
in  this  state  shall  be  on  order  of  commission  filed  in  the  office  of 
commission  within  such  time  as  such  order  shall  prescribe. 
Puh.  Acts  igog,  no.  joo,  sec.  ji. 

It  shall  be  the  duty  of  each  telephone  company  to  file  with 
commission  a  copy  of  each  schedule.     It  shall  be  unlawful  for  any 

1472  telephone  company  to  neglect  or  refuse  to  have  such  schedule 
on  file  or  to  neglect  or  refuse  to  file  a  copy  of  same  with  com- 
mission.    Pub.  Acts  igii,  no.  ij8,  sec.  ig. 

See  also  pars.  1542,  2132. 

MINNESOTA  Every  railroad  company  shall  file  with  commis- 

1473  sion  copies  of  schedules  and  shall  promptly  notify  commission  of 
all  proposed  changes  therein.    Rev.  Laws  igo^,  sec.  2014. 

Copies  of  all  joint  schedules  of  rates,  fares  or  classifications 

1474  shall  also  be  filed  with  commission  and  be  made  public  in  the 
same  manner  as  provided  for  the  publication  of  tariffs.     Same. 

MISSOURI  Copies  of  the   schedules,  also    of   rules   and 

regulations,  if  any,  shall  be  filed  with  commission,  and  from  the 
date  of  such  filing  the  rates,  fares  and  charges  specified  in  such 

1476  schedules,  not  being  in  excess  of  any  statutory  maximum  rates 
now  or  that  may  hereafter  be  in  force,  shall  be  deemed  the  es- 
tablished rates,  fares  and  charges  of  carriers  until  the  same  is 
changed  as  provided  by  law.    Rev.  Stats,  igog,  sec.  jiSy. 

In  all  cases  where  freight  passes  over  continuous  lines  or 
routes  within  this  state,  operated  by  more  than  one  common  car- 
rier, and  the  several  common  carriers  operating  such  line  or 

1476  routes  establish  joint  rates,  fares  or  charges  for  such  continuous 
lines  or  routes,  copies  of  joint  tariffs  shall  be  filed  with  commis- 
sion and  shall  be  published  in  such  manner  as  may  be  directed  by 
commission.     SamCy  sec.  3188. 

All  railroad  companies  doing  business  in  the  state  shall  upon 
the  request  of  commission  furnish  to  commission  copies  of  all  its 

1477  schedules  of  freight  rates  and  charges,  and  all  other  papers  and 
documents  including  bills  of  lading  and  contracts  for  transporta- 
tion of  freight  affecting  in  any  way  the  transportation  of  freight 
within,  into  and  from  the  state.     Same,  sec.  3252. 

Within  60  days  after  this  article  shall  become  a  law,  all  ex- 
press companies  or  corporations  doing  an  express  carrying 
business  over  any  of  the  railroads  now  operated,  and  which  may 

376. 


hereafter  be  operated  in  the  state  shall  be  and  are  required  to  file 
with  commission  a  complete  and  specific  schedule  of  their  class- 
ifications of  all  matters  and  merchandise  received  by  them  for 
carriage  and  transportation,  together  with  a  detailed  statement 
of  their  rates  of  charges  in  each  of  the  classes  into  which  their 

1478  freight  and  express  matter  is  divided;  and  if  there  be  any  rules  or 
regulations  which  change,  determine  or  affect  any  part  of  the 
aggregate  of  such  rates  and  charges,  such  rules  and  regulations 
shall  accompany  such  schedule;  and  if  any  two  or  more  of  such 
express  companies  doing  business  in  this  state  have  joint  rules  and 
regulations  and  charges  for  the  exchange  of  articles  of  express  or 
other  matter  so  carried  by  them,  the  said  rules  and  regulations 
and  schedule  of  charges  shall  also  be  filed  with  commission 
within  the  time  specified  above.     Same,  sec.  328'/. 

See  also  pars,  8oq,  188  i. 

NEBRASKA  All  common  carriers  shall  file  with  commission  all 
freight  and  passenger  schedules,  classifications,  rates,  tariffs,  and 
charges  used  by  said  common  carrier  and  in  effect  on  January  i, 
1907;  both  state,   interstate  and  proportional  charges.     Any 

1479  common  carrier  who  shall  fail,  neglect  or  refuse  to  file  the  sched- 
viles,  classifications,  rates,  tariffs  and  charges  as  provided  herein 
shall  be  guilty  of  a  misdemeanor  and  for  each  offense  shall  be 
fined  in  a  sirni  not  to  exceed  $25,000.  Cobhey^s  Annot.  Stats, 
igog,  sec.  10653. 

If  passengers  and  freight  pass  over  continuous  lines  or  routes 
in  this  state,  operated  by  more  than  one  railway  company  or 
common  carrier,  and  the  several  companies  or  carriers  operating 
such  lines  or  routes  have  established  joint  tariffs,  the  same  shall 
be  filed  with  commission.  Said  joint  rates,  fares,  and  charges  on 
such  continuous  lines  shall  be  made  public  by  said  railway  com- 
panies or  common  carriers  when  directed  by  commission,  in  so 
far  as  in  the  judgment  of  commission  may  be  practicable,  and 

1480  commission  shall  also  from  time  to  time  prescribe  the  measure 
of  publicity  which  shall  be  given  to  any  joint  rates,  fares,  and 
charges,  or  to  such  part  thereof  as  it  may  think  practicable  for 
such  railway  companies  or  common  carriers  to  publish,  and  the 
places  in  which  they  shall  be  published.  No  railway  company  or 
common  carrier,  party  to  any  such  joint  tariff,  shall  be  liable  for 
the  failure  of  any  other  party  thereto  to  observe  and  adhere  to  the 
rates,  fares  or  charges  thus  made  and  published.  Same,  sec. 
106  56  {a). 

Also  a  provision  substantially  identical  with  par.  1463,  ex- 

377 


1481  cept  that  the  amount  of  the  penalty  imposed  is  $i,ooo  instead 
of  $500.    Same,  sec.  io6j6(b). 

All  express  companies  shall  file  with  commission  a  complete 
schedule  of  the  rates  and  classifications  charged  for  the  trans- 

1482  portation  of  money  or  merchandise  within  this  state  by  such 
company,  which  was  in  force  on  the  first  day  of  January,  1907. 
Same,  sec.  iigyo. 

NEVADA  Every  railroad  shall  print  in  plain  type,  and 

file  with  commission  within  a  time  fixed  b}^  commission,  schedules 
which  shall  be  open  to  public  inspection,  showing  all  rates,  fares 
and  charges  for  the  transportation  of  passengers  and  property, 

1483  and  any  service  in  connection  therewith,  which  it  has  estab- 
lished and  which  are  in  force  at  the  time  between  all  points  in  this 
state  upon  its  line,  or  any  line  controlled  or  operated  by  it,  and  the 
rates,  fares  and  charges  shown  on  such  schedules  as  are  in  effect 
at  the  date  this  act  takes  effect.     Stats,  igoy,  ch.  44,  sec.  4. 

When  passengers  or  property  are  transported  over  connecting 
lines  in  this  state  operated  by  more  than  one  railroad  and  the 
several  railroads  operating  such  lines  establish  joint  rates,  fares 

1484  and  charges,  a  schedule  of  joint  rates  shall  also  in  like  manner  be 
printed  and  filed  with  commission,  and  in  every  depot,  station 
and  office  of  such  railroads  where  such  passengers  or  property  are 
received  for  transportation.     Same. 

Every  railroad  shall  file  in  the  office  of  commission  copies  of 

1485  all  schedules  of  rates,  including  joint  rates  in  force  on  its  line  or 
lines,  between  points  within  this  state  on  the  date  this  act  takes 
effect.     Same,  sec.  j6. 

See  also  par.  2152. 

NEW  HAMPSHIRE  Every  railroad  corporation  and  public  utility 
shall  file  with  commission  and  shall  print  and  keep  open  to  public 
inspection,  schedules  showing  the  rates,  fares,  charges  and  prices 

1486  for  the  transportation  of  passengers  and  property  or  for  any  serv- 
ice rendered  or  to  be  rendered  in  such  places,  within  such  time 
and  in  such  form  and  with  such  detail  as  commission  may 
order.     Laws  igii,  ch.  164,  sec.  y(a). 

In  the  case  of  railroad  corporations  and  public  utilities 
subject  to  regulation  by  the  interstate  commerce  commission, 
the  requirements  relative  to  the  filing  of  schedules  with  com- 

1487  mission  and  to  the  publication  thereof  shall  conform  as  nearly 
as  may  be  to  the  requirements  of  the  interstate  commerce  com- 
mission under  the  provisions  of  the  act  of  congress  entitled,  "An 

378 


act  to  regulate  commerce,"  and  the  acts  amendatory  thereof 
and  supplementary  thereto.     Same,  sec.  y{h). 

NEW  JERSEY  Commission  may  require  every  public  utility 

to  file  with  it  complete  schedules  of  every  classification  employed 

1488  and  of  every  individual  or  joint  rate,  toll,  fare  or  charge  made, 
charged  or  exacted  by  it  for  any  product  supplied  or  service 
rendered  within  this  state,  as  specified  in  such  requirement. 
Laws  igii,  ch.  ig^,  sec.  i6(d). 

NEW  MEXICO  Every  transportation,  transmission  company 

or  common  carrier  engaged  in  transportation  of  passengers  and 
property  from  points  in  this  state  to  points  within,  or  beyond  its 
limits,  and  from  points  in  other  states  to  points  in  this  state,  and 
every  such  interstate  company  or  common  carrier  shall  file  with 
commission  and  shall  print  and  keep  open  to  the  public  inspection 
schedules  showing  the  rates,  fares,  charges  and  classification  for 
the  transportation  of  persons  and  property  within  the  state  be- 
tween each  point  upon  its  route  and  all  other  points  thereon ;  and 

1489  between  each  point  upon  its  route  and  all  points  upon  every  other 
route  leased,  operated  and  controlled  by  it,  and  between  each 
point  on  its  route  of  any  other  common  carrier,  whenever  a 
through  route  and  joint  rate  shall  have  been  established  or 
ordered  between  any  two  such  points.  If  no  joint  rate  over  a 
through  route  has  been  established,  the  several  carriers  in  such 
through  route  shall  file,  print  and  keep  open  to  the  public  in- 

.  spection  the  separately  established  rates,   fares,   charges   and 
classifications,    applied   to   the   through   transportation.     Laws 
IQI2,  ch.  y8,  sec.  i6. 
See  also  par.  154'/. 

NEW  YORK  A  provision  for  common  carriers  identical  with 

1490  par.  1468.    Laws  igio,  ch.  480,  sec.  28. 

Before  any  common  carrier  shall  issue  mileage,  excursion, 
school  or  family  commutation,  commutation,  half  fare  or  any 
other  form  of  reduced  rate  passenger  tickets,  or  joint  inter- 
changeable mileage  ticket,  with  special  privileges,  it  shall  file  with 

1491  commission  copies  of  the  tariffs  of  rates,  fares  or  charges  on  which 
such  tickets  are  to  be  based,  together  with  the  specifications  of  the 
amoimt  of  free  baggage  permitted  to  be  carried  under  such  joint 
interchangeable  mileage  ticket,  in  the  same  manner  as  common 
carriers  are  required  to  do  with  regard  to  other  rates.  Same, 
^^^-  33(3)>  ^s  amended  by  Laws  igii,  ch.  $40. 

379 


Commission  may  require  every  gas  and  electrical  corpora- 
tion to  file  with  commission  and  to  print  and  keep  open  to  public 
inspection  schedules  showing  all  rates  and  charges  made,  estab- 
lished or  enforced  or  to  be  charged  or  enforced,  all  forms  of  con- 

1492  tract  or  agreement  and  all  rules  and  regulations  relating  to  rates, 
charges  or  service  used  or  to  be  used,  and  all  general  privileges 
and  facilities  granted  or  allowed  by  such  gas  or  electrical  cor- 
poration, but  this  subdivision  shall  not  apply  to  state,  municipal 
or  federal  contracts.     Same,  sec.  66(12). 

Commission  may  also  establish  such  rules  and  regulations  to 

1493  carry  into  effect  the  provisions  of  this  subdivision  as  it  may  deem 
necessary,  and  to  modify  or  amend  such  rules  or  regulations  from 
time  to  time.     Same. 

Every  telegraph  and  every  telephone  corporation  shall 
print  and  file  with  commission  schedules  showing  all  rates, 
rentals  and  charges  for  service  of  each  and  every  kind  by  or  over 
its  line  between  points  in  this  state  and  between  each  point  upon 
its  line  and  all  points  upon  every  line  leased  or  operated  by  it  and 
between  each  point  upon  its  line  or  upon  any  line  leased  or  oper- 

1494  ated  by  it  and  all  points  upon  the  line  of  any  other  telegraph  or 
telephone  corporation  whenever  a  through  service  or  joint  rate 
shall  have  been  established  between  any  two  points.  If  no 
joint  rate  over  a  through  line  has  been  established  the  several 
corporations  in  such  through  line  shall  file  with  commission  the 
separately  established  rates  and  charges  applicable  where  through 
service  is  afforded.     Same,  sec.  92(1). 

See  also  pars,  yji,  1548,  16 jj. 

NORTH  DAKOTA  Every  railroad,  railroad  corporation  or  com- 
mon carrier  shall  file  with  commission  copies  of  its  schedules  of 

1496  rates,  fares  and  charges  which  have  been  established  and  pub- 
lished in  compliance  with  the  requirements  of  this  article,  and 
shall  promptly  notify  commission  of  all  changes  made  in  the 
same.     Rev.  Codes  1905,  sec.  4342. 

In  cases  where  passengers  and  freight  pass  over  continuous 
lines  or  routes  in  this  state  operated  by  more  than  one  person  or 
company  and  the  several  railroads,  railroad  corporations  or  com- 

1496  mon  carriers  operating  such  lines  or  routes  have  established  joint 
tariffs  or  rates  or  fares  or  charges  for  such  continuous  lines  or 
routes,  copies  of  such  joint  tariffs  shall  also  in  like  manner  be 
filed  with  commission.     Same. 

If  any  railroad,  railroad  corporation  or  common  carrier  shall 
neglect  or  refuse  to  file  or  publish  its  schedules  or  tariff  of  rates, 

380 


fares  and  charges  or  any  part  of  the  same  it  shall  in  addition  to 
other  penalties  herein  prescribed,  be  subject  to  a  writ  of  man- 
damus to  be  issued  by  any  district  court  of  this  state  in  the 
judicial  district  wherein  such  offense  may  be  committed.  And  if 
such  railroad,  railroad  corporation  or  common  carrier  be  a  foreign 
corporation  then  such  writ  may  be  issued  by  any  district  court  in 
the  judicial  district  where  such  common  carrier  accepts  traffic  and 
i49'i  has  an  agent  to  perform  such  service,  to  compel  compliance  with 
the  provisions  of  this  article,  and  such  writ  shall  issue  in  the  name 
of  the  state  of  North  Dakota  at  the  relation  or  upon  the  petition 
of  commission;  and  failure  to  comply  with  its  requirements  shall 
be  punishable  as  and  for  a  contempt ;  and  shall  make  said  railroad, 
railroad  corporation  or  common  carrier  liable  to  a  penalty  of  $500 
for  each  day's  failure  to  comply  therewith,  and  when  any  such 
writ  of  mandamus  shall  be  so  applied  for  by  commission,  no  bond 
shall  be  required  of  them  by  any  court  or  judge  in  which  or  before 
whom  any  such  application  may  be  made.  Same. 
See  also  par.  1882. 

OHIO  Each  railroad  shall  print  in  plain  type  and  file 

with  commission,  within  a  time  fixed  by  commission,  schedules, 
which  shall  be  open  to  public  inspection,  showing  all  rates,  fares 

1498  and  charges  for  transportation  of  passengers  and  property,  and 
any  service  in  connection  therewith,  which  such  railroad  has  es- 
tablished and  which  are  in  force  at  such  time  between  all  points  in 
this  state  upon  its  line,  or  any  controlled  or  operated  by  it.  Code 
igio,  sec.  /05. 

When  passengers  or  property  are  transported  over  connect- 
ing lines  in  this  state  operated  by  two  or  more  railroads,  and  such 
railroads  establish  joint  rates,  fares  and  charges,  a  schedule  there- 

1499  of,  compiled  as  provided  in  the  preceding  section,  shall  be  printed, 
filed  with  commission  and  filed  in  every  depot,  station  and 
office  of  such  railroad  where  passengers  or  property  are  received 
for  transportation.     Same,  sec.  ^oj. 

All  freight  tariffs  issued  by  any  railroad  relating  to  inter- 

1600  state  traffic  in  this  state  shall  be  filed  in  the  office  of  commission 
when  issued.     Same,  sec.  563. 

Every  public  utility  shall  print  and  file  with  commission 
within  90  days  after  this  act  takes  effect,  schedules,  showing  all 
rates,  joint  rates,  rentals,  tolls,  classifications  and  charges  for 

1601  service  of  each  and  every  kind  by  it  rendered  or  furnished, 
which  were  in  effect  at  the  time  this  act  takes  effect  and  the  length 

381 


1502 


1503 


of  time  the  same  has  been  in  force,  and  all  rules  and  regulations] 
in  any  manner  affecting  the  same.     Laws  igii,  no.  32 j,  sec.  18,] 
See  also  pars.  yj2,  2iyj. 

OREGON  Every  railroad  shall  print  in  plain  type  an( 

file  with  commission  within  a  time  to  be  fixed  by  commission,] 
schedules  which  shall  be  open  to  pubHc  inspection,  showing  all| 
rates,  fares  and  charges  for  the  transportation  of  passengers  andj 
property,  or  use  of  union  depot  and  terminals,  and  any  service  inl 
connection  therewith,  which  it  has  established  and  which  are  in] 
force  at  the  time  between  all  points  in  this  state  upon  its  line,  or] 
any  line  controlled  or  operated  by  it.  Gen.  Laws  igoj,  ch.  55,^ 
sec.  13.  ' 

When  passengers  or  property  are  transported  over  con- 
necting lines  in  this  state  operated  by  more  than  one  railroad,  and; 
the  several  railroads  operating  such  lines  establish  joint  rates, 
fares  and  charges,  a  schedule  of  joint  rates  shall  also  in  like^ 
manner  be  printed  and  filed  with  commission  and  kept  oil  file  in  ■ 
every  depot,  station  and  office  of  such  railroad  where  an  agent  is| 
maintained.     Same. 

All  freight  tariffs  issued  by  any  such  railroad  relating  toi 
interstate  traffic  in  this  state  shall  be  filed  in  the  office  of  com- 
mission within  30  days  after  the  passage  and  publication  ofj 
this  act  and  all  such  tariffs  thereafter  issued  shall  be  filed  witl|.J 
commission  when  issued.     Same,  sec.  47. 

Every  railroad  *  in  this  state  shall  within  30  days  afterl 
the  taking  effect  of  this  act,  file  in  the  office  of  commissionJ 
copies  of  all  schedules  of  rates,  including  joint  sates  in  force  onl 
its  line  or  lines,  between  points  within  this  state,  on  the  first  day! 
of  January,  1907,  and  all  rates  in  force  between  such  points  at  anyj 
time  subsequent  to  said  date.     Same,  sec.  62. 

Every  public  utility  shall  file  with  commission  within  a1 
time  to  be  fixed  by  commission,  schedules  which  shall  be  open| 
to  public  inspection  showing  all  rates,  tolls  and  charges  whichl 
it  has  established  and  which  are  in  force  at  the  time,  for  anyl 
service  performed  by  it  within  the  state  or  for  any  service  in  con-| 
nection  therewith  or  performed  by  any  public  utility  controlled] 
or  operated  by  it.     Gen.  Laws  1911,  ch.  2yg,  sec.  25. 

Every  public  utility  shall  file  with  and  as  part  of  every  sucl 
schedule  all  rules  and  regulations  that  in  any  manner  affect  the 
rates  charged  or  to  be  charged  for  any  service.     Same,  sec.  26. 

Every  public  utility  shall  also  file  with  commission  copies  ofj 
interstate  rate  schedules  and  rules  and  regulations  issued  by  it  01 
to  which  it  is  a  party.     Same, 


1504 


1505 


1506 


1507 


1508 


Where  a  schedule  of  joint  rates  or  charges  is  or  may  be  in 
force  between  two  or  more  public  utilities,  such  schedule  shall  in 
1609  like  manner  be  printed  and  filed  with  the  commission  and  so  much 
thereof  as  the  commission  shall  deem  necessary  for  the  use  of  the 
public  shall  be  filed  in  every  such  station  or  office  as  provided  in 
section  27.     Samef  sec.  28. 

Every  public  utility  shall,  within  a  time  to  be  fixed  by 
commission,  file  in  the  office  of  commission,  copies  of  all   sched- 

1510  ules  of  rates  and  charges  including  joint  rates,  in  force  on 
the  first  day  of  January,  191 1,  and  all  rates  in  force  at  any  time 
subsequent  to  said  date.     Same,  sec.  77. 

See  also  pars.  12^4,  1322,  1325,  2181. 

RHODE  ISLAND        Identical  with  par.  1506.    Acts  igi2,  ch.  795, 

1511  sec.  48. 

SOUTH  CAROLINA  Every  railroad  corporation  shall,  at  all  times 
on  request,  furnish  commission  with  the  rates  of  transporting 

1512  freight  and  passengers  upon  its  road  and  other  roads  with  which 
its  business  is  connected.     Gen.  Stats.  igo2,  sec.  20J2. 

SOUTH  DAKOTA       Provisions  for  common  carriers  substantially 

1513  identical  with  pars.  1495,  1496,  1497.  Sess.  Laws  ign,  ch.  20J ^ 
sec.  10. 

On  or  before  July  i ,  each  express  company  doing  business  in 
this  state  shall  file  with  commission  a  complete  schedule  of  its 
classifications  of  property,  and  the  rates  and  charges  for  the 
transportation  of  money  or  other  property  within  this  state,  by 

1514  such  company,  and  its  joint  rates  with  other  companies,  as  the 
same  were  in  force  on  the  first  day  of  January,  1909,  and  shall  on 
or  before  July  i,  1909,  have  prepared  and  put  in  operation  a 
new  schedule  of  rates  as  established  herein.  Sess.  Laws  igog,  ch. 
ijg,  sec.  3. 

Any  express  company  which  shall  fail,  neglect  or  refuse  to 
make  and  publish  a  schedule  of  its  rates  as  provided  herein  shall 
be  fined  a  sum  not  exceeding  $2,000;  and  each  day  said  company 
1616  shall  fail  or  refuse  to  establish  the  rates  provided  for  herein  shall 
constitute  a  separate  offense;  provided  that  any  express  company 
shall  be  notified  of  and  have  an  opporttmity  to  correct  any  error 
in  a  schedule  before  an  action  is  commenced  to  recover  the  fore- 
going penalty.     Same,  sec.  7. 

Every  telephone  company  doing  business  in  this  state  shall 
file  with  commission  schedules  or  tariffs  showing  all  rates  and 
charges  for  the  rent  of  any  line  or  instrument  and  for  the  trans- 

383 


mission  of  messages  and  any  service  in  connection  therewith, 

1616  between  all  points  in  this  state  upon  its  line  or  any  line  con- 
trolled or  operated  by  it,  and  all  rules  and  regulations  that  in  any 
manner  affect  such  rates  or  charges;  and  thereafter  every  tele-- 
phone  company  shall  file  with  commission  a  copy  of  all  proposed 
changes  in  any  schedule  of  rates  or  charges,  at  least  30  days  be- 
fore the  same  shall  take  effect.   Sess.  Laws  igii,  ch.  218,  sec.  4. 

See  also  par.  1882. 

VERMONT  Every  railroad  corporation  shall  file  with  com- 

mission and  keep  on  file  in  all  railroad  offices  in  the  state,  schedules 
showing  the  rates  or  tariffs  charged  by  such  corporation  for 
transportation  of  passengers  and  property  between  the  different 

1617  points  on  its  own  lines,  and  between  the  points  on  its  own  lines 
and  those  of  all  other  common  carriers  with  which  it  has  a  joint 
rate,  and  also  showing  the  charge  for  any  and  all  services  of  any 
and  all  kinds  connected  with  such  transportation.  Pub.  Stats. 
IQ06,  sec.  4533. 

Every  company  shall  file  with  commission  within  a  time  to 
be  fixed  by  it,  schedules  which  shall  be  open  to  public  inspection, 
showing  all  rates,  tolls,  and  charges  which  it  has  established  and 

1618  which  are  in  force  at  the  time,  including  joint  rates,  for  any  serv- 
ice performed,  or  any  product  furnished  by  it,  within  the  state, 
and  as  a  part  thereof  shall  file  the  rules  and  regulations  that  in 
any  manner  affect  the  tolls  or  rates  charged,  or  to  be  charged,  for 
any  such  service  or  product.     Laws  igo8,  no.  116,  sec.  18. 

VIRGINIA  Every  transportation  company  shall  submit  to 

1619  commission  all  of  its  schedules  of  rates,  fares,  and  charges  and  of 
all  changes  made  in  the  same.    Pollard's  Code  1904,  sec.  i2Q4c{8). 

WASHINGTON  A  provision  for  common  carriers  substantially 

1620  identical  with  par.  1468.    Laws  1911,  ch.  iiy,  sec.  14. 

Every  common  carrier  shall  print  and  file  or  cause  to  be  filed 
with  commission  schedules  showing  the  rates,  fares,  charges  and 
classifications  for  the  transportation  of  persons  and  property  be- 
tween all  points  within  the  state  and  all  points  without  the  state 
upon  its  route,  and  between  each  point  within  the  state  and  all 
points  without  the  state  upon  every  route  leased,  operated  or 

1621  controlled  by  it,  and  between  each  point  upon  its  route  within  the 
state  and  all  points  without  the  state  upon  the  route  of  any  com- 
mon carrier,  whenever  a  through  route  and  joint  rate  shall  have 
been  established  between  any  two  such  points.  If  no  joint  rate 
over  a  through  route  has  been  established,  the  carrier  operating 

384 


within  this  state  shall  print  and  file  with  commission  the  sepa- 
rately established  rates,  fares,  charges  and  classifications  applied 
to  the  through  transportation.     Same,  sec.  ly. 

Every  gas,  electrical  and  water  company  and  every  ware- 
houseman or  wharfinger  shall  file  with  commission  and  shall  print 
and  keep  open  to  public  inspection  schedules  in  such  form  as 
commission  may  prescribe,  showing  all  rates  and  charges  made, 
162S  established  or  enforced,  or  to  be  charged  or  enforced,  all  forms  of 
contract  or  agreement,  all  rules  and  regulations  relating  to  rates, 
charges  or  service,  used  or  to  be  used,  and  all  general  privileges 
and  facilities  granted  or  allowed  by  such  gas,  electrical  or  water 
company  or  warehouseman  or  wharfinger.  SamCy  sees.  27  (gas, 
electrical  and  water  company),  47  (warehouseman  or  wharfinger). 

Every  telephone  and  telegraph  conipany  shall  file  with  com- 
mission and  shall  print  and  keep  open  to  public  inspection  at  such 
points  as  commission  may  designate,  schedules  showing  the  rates, 
tolls,  rentals,  contracts  and  charges  of  such  companies  for  mes- 
sages, conversations  and  services  rendered  and  equipment  and 
facilities  supplied  for  messages  and  services  to  be  performed 
within  the  state  between  each  point  upon  its  lines  and  all  other 
points  thereon,  and  between  each  point  upon  its  line  and  all 

1623  points  upon  every  other  similar  line  operated  or  controlled  by  it, 
and  between  each  point  on  its  line  or  upon  any  line  leased,  oper- 
ated or  controlled  by  it  and  all  points  upon  the  line  of  any  other 
similar  company,  whenever  a  through  service  and  joint  rate 
shall  have  been  established  or  ordered  between  any  two  such 
points.  If  no  joint  rate  covering  a  through  service  has  been  es- 
tablished, the  several  companies  in  such  through  service  shall 
file,  print  and  keep  open  to  pubHc  inspection  the  Sjeparately  es- 
tablished rates,  tolls,  rentals,  contracts  and  charges  applicable  for 
such  through  service.     Same,  sec.  j6. 

WISCONSIN  Provisions  substantially  identical  with  pars. 

1502,  1503,  1504,  1506,  1507,  1509.     Laws  igoj,  ch.  362,  sees. 

1624  1797-4,  lygy-zi.  Laws  1907,  ch.  499,  sees.  iy9ym-2y,  lygym- 
28,  i797m-3o{i). 

'  Every    public  utility  shall,   within  30  days  after  the  pas- 
sage and  publication  of  this  act,  file  in  the  office  of  commission, 

1625  copies  of  all  schedules  -of  rates  and  charges  including  joint  rates, 
in  force  on  the  first  day  of  April,  1907,  and  all  rates  in  force  at 
any  time  subsequent  to  said  date.  Laws  190J,  ch.  499,  sec. 
iy9jm-ios{2) 

See  also  pars.  1282,  1330,  1333,  2224. 

385 


B.    MATTERS   TO   BE   CONTAINED   IN 
SCHEDULES.! 

UNITED  STATES  The  schediiles  printed  by  any  common  car- 
rier shall  plainly  state  the  places  between  which  property  and 
passengers  will  be  carried,  and  shall  contain  the  classification  of 
freight  in  force,  and  shall  also  state  separately  all  terminal 

1526  charges,  storage  charges,  icing  charges  and  all  other  charges 
which  commission  may  require,  all  privileges  or  facilities  granted 
or  allowed  and  any  rules  or  regulations  which  in  any  wise  change, 
affect  or  determine  any  part  or  the  aggregate  of  such  rates,  fares 
and  charges  or  the  value  of  the  service  rendered  to  the  passenger, 
shipper  or  consignee.    Act  to  Regulate  Commerce,  sec.  6. 

The  names  of  the  several  carriers  which  are  parties  to  any 
joint  tariff  shall  be  specified  therein,  and  each  of  the  parties 
thereto,  other  than  the  one  filing  the  same,  shall  file  mth  com- 

1627  mission  such  evidence  of  concurrence  therein  or  acceptance  there- 
of as  may  be  required  or  approved  by  commission,  and  where 
such  evidence  of  concurrence  or  acceptance  is  filed  it  shall  not  be 
necessary  for  the  carriers  filing  the  same  to  file  also  copies  of  the 

'  tariffs  in  which  they  are  named  as  parties.     Same. 

Commission  may  reject  and  refuse  to  file  any  schedule  that 

1628  is  tendered  for  filing  which  does  not  provide  and  give  lawful 
notice  of  its  effective  date,  and  any  schedule  so  rejected  by  com- 
mission shall  be  void  and  its  use  shall  be  unlawful.     Same. 

See  also  par.  ijj8. 

ALABAMA  The  schedules  shall  plainly  state  the  places  in 

the  state  on  its  own  line  or  any  line  controlled  or  operated  by  a 

1629  common  carrier  and  on  any  line  with  which  a  through  route  and 
joint  rate  have  been  established  between  which  property  and 
passengers  will  be  carried,  and  shall  contain  the  classification  of 
freight  in  force.     Code  igoy,  sec.  5521. 

The  schedules  shall  contain  all  the  rules  and  regulations  that 
in  any  manner  affect  the  rates  or  fare  to  be  charged  for  the  trans- 
portation of  passengers  and  property  and  all  charges  for  delay 
1530  in  loading  or  imloading  cars,  for  track  and  car  service  or  rental 
and  for  switching,  demurrage,  terminal  and  transfer  service  and 
for  rendering  any  other  service  in  connection  with  the  transporta- 
tion of  passengers  and  property.     Same,  sec.  5522. 

ARIZONA  The  schedules  printed  shall  plainly  state  the 

places  between  which  property  and  persons  will  be  carried,  and 

>  See  also  pars.  1448-1525. 

386 


shall  also  contain  the  classification  of  passengers  or  property  in 
force,  and  shall  also  state  separately  all  terminal  charges,  storage 
charges,  icing  charges  and  all  other  charges  which  commission 
1531  may  require  to  be  stated,  all  privileges  or  facilities  granted  or 
allowed,  and  all  rules  or  regulations  which  may  in  any  wise 
change,  affect  or  determine  any  part  or  the  aggregate  of  such 
rates,  fares,  charges  and  classifications,  or  the  value  of  the  serv- 
ice rendered  to  the  passenger,  shipper  or  consignee.  Sess.  Laws 
IQI2,  ch.  go,  sec.  14(0). 

The  names  of  the  several  public  service  corporations  which 

1632  are  parties  to  any  joint  tariff,  rate,  fare,  toll,  contract,  classifi- 
cation or  charge  shall  be  specified  in  the  schedule  or  schedules 
showing  the  same.     Same,  sec.  16. 

ARKANSAS  Schediiles  shall  state:  First,  the  different  kinds 

and  classes  of  property  to  be  carried;  second,  the  different  places 
between  which  property  shall  be  carried;  third,  the  rate  of  freight 

1633  or  express  charges  for  carriage  between  such  places,  and  for  all 
services  connected  with  the  transportation  of  such  property,  from 
its  receipt  imtil  it  is  delivered  or  forwarded.  Kirhy^s  Digest  1904, 
sec.  6803. 

CALIFORNIA  Identical  with  pars.  1531,  1532,  except  that 

1534  ''public  utilities  "  is  used  instead  of  '^ public  service  corporations." 
Stats,  fgii,  ist.  ex.  sess.,  ch.  14,  sees.  14(a),  16. 

COLORADO  Substantially  identical  with  par.  1526.    Laws 

1536  1 910,  sp.  sess.,  ch.  5,  sec.  6. 

ILLINOIS  Schedules  shall  include  and  contain  not  only 

the  rates,  fares  and  charges  to  be  charged,  collected  or  received 
for  the  transportation  of  persons  or  property  between  points 
wholly  within  the  state,  but  also  shall  state  separately  all  terminal 

1536  charges,  storage  charges,  icing  charges  or  other  charges  which 

commission  may  require,  or  privileges  or  facilities  granted  or 

allowed,  and  any  rules  or  regiilations  which  in  any  wise  change, 

affect  or  determine  any  part  or  the  aggregate  of  such  rates,  fares 

or  charges  or  the  value  of  the  services  rendered  to  the  passenger, 

shipper  or  consignee.     Revisal  igog,  ch.  114,  sec.  ig8. 

See  also  par.  1570. 

The  classification  of  freights  is  part  of  the  schedule  and  must  be  pub- 
lished the  same  as  the  schedule.  St.  Louis  &  C.  Ry.  Co.  vs.  Blackwood,  14  III. 
App.  503- 

INDIANA  Every  schedule  of  joint  rates  filed  shall  name 

the  carriers  parties  thereto,  and  the  carrier  publishing  and  filing 

387 


1637  the  same  shall  procure  the  concurrence  of  the  connecting  carriers 
thereto  and  deliver  copies  thereof  to  the  connecting  carriers  so 
named.     Acts  igii,  ch.  225,  sec.  i. 

Every  such  carrier  shall  publish  with  and  as  a  part  of  such 
schedule  all  rules  and  regulations  that  in  any  manner  affect  the 
rates  charged  or  to  be  charged,  for  the  transportation  of  passen- 
gers or  property,  and  all  switching,  terminal  and  transfer  service, 

1638  or  for  rendering  any  other  service  in  connection  with  the  trans- 
portation of  persons  or  property,  and  the  said  carriers,  within, 
such  time,  shall  file  with  commission  copies  of  all  switching  tariffs 
and  transfer  charges  in  force  at  any  terminal  or  jimction  point 
upon  its  line  in  this  state.     Same. 

IOWA  The  schediiles  shall  plaiilly  state  the  places 

upon  the  road  of  every  common  carrier  between  which  passengers 
and  property  will  be  carried  and  shall  contain  the  classifications 

1639  of  freight  in  force  upon  such  road,  stating  separately  any  terminal 
charges  and  any  rules  and  regulations  which  in  any  wise  change, 
affect  or  determine  any  part  of  the  aggregate  of  such  rates,  fares 
and  charges.     Code  i8gy,  sec.  2128. 

MARYLAND  A  provision  substantially  identical  with  par. 

1640  1531;  also  a  pro\dsion  identical  with  par.  1527.    Laws  igio,  ch,\ 
180,  sec.  15.  • 

MICHIGAN  •    A  provision  identical  with  par.  1526,  except 

that  the  following  proviso  is  added :   Provided  that  where  loc£ 

1641  switching  tariffs  are  in  effect  at  a  competitive  point,  it  shall 
sufficient  if  the  schedules  state  that  the  terminal  charges  si 
be  subject  to  the  rules  of  such  local  switching  tariffs.     Puh^ 
Acts  igii,  no.  ijp,  sec.  io{a). 

1642  Also  a  provision  identical  with  par.  1527.    Same,  sec.  io{c). 

MINNESOTA  Schedules  shall  plainly  state  the  places  between! 

which  persons  and  property  will  be  carried,  shall  show  the  class-j 
ification  of  freights,  a  distance  tariff,  a  table  of  distances  between' 
1648  stations,  and  shall  state,  and  shall  state  separately,  the  terminal 
charges,  and  any  rules  or  regulations  in  any  way  affecting  the 
Q-ggregate  of  such  rates,  fares  and  charges.    Rev.  Laws  1905,  sec. 
.  2012,  as  amended  by  Laws  iQoy,  ch.  jj/. 
See  also  par.  1582, 

MISSOURI  Schedules  shall  contain  the  classifications  of 

freight  in  force  upon  any  railroad  or  railroads,  and  if  there  be  any 

1644  rules  or  regulations  which  change,  determine  or  affect  any  part 

388 


of  the  aggregate  of  such  rates,  fares  and  charges,  such  rules  and 
regulations  shall  accompany  such  schedule.  Rev.  Stats,  igog, 
sec.  jiSy. 

MONTANA  See  par.  1588. 

NEBRASBLA  Identical  with  par.    1539.     Cohhey's   Annot. 

1545  Stats.  iQog,  sec.  10656. 

See  par.  1590. 

NEVADA  The  schedules  printed  shall  plainly  state  the 

places  upon  its  line  or  any  line  controlled  or  operated  by  it  in 
the  state  between  which  passengers  and  property  will  be  carried, 
and  there  shall  be  filed  therewith  the  classifications  of  freight  in 
force.     Every  railroad  shall  publish  with  and  as  a  part  of  such 

1546  schedvdes  all  rules  and  regulations  that  in  any  manner  affect  the 
rates  charged  or  to  be  charged  for  the  transportation  of  passengers 
or  property,  also  its  charges  for  delay  in  unloading  or  loading 
cars,  for  track  and  car  service  or  rental,  and  for  demiurage, 
switching,  terminal  or  transfer  service  or  for  rendering  any  other 
service  in  connection  with  the  transportation  of  persons  or 
property.     Stats,  igoy,  ch.  44,  sec.  4. 

NEW  MEXICO  A  provision  substantially  identical  with  par. 

1547  1531;  also  a  provision  identical  with  par.  1527.  Laws  igi2, 
ch.  y8,  sees.  16,  18. 

NEW  YORK  A  provision  substantially  identical  with  par. 

1548  1531;  also  a  provision  identical  with  par.  1527.  Laws  igio, 
ch.  480,  sees.  28 y  3o{i). 

The  schedules  of  telegraph  and  telephone  companies  shall 
plainly  state  the  places  between  which  telephone  or  telegraph 
service  or  both  will  be  rendered,  and  shall  also  state  separately 

1649  all  charges  and  all  privileges  or  facilities  granted  or  allowed  and 
any  rules  or  regulations  or  forms  of  contracts  which  may  in  any 
wise  change,  affect  or  determine  any  part  or  the  aggregate  of  the 
rates,  rentals  or  charges  for  the  service  rendered.  Same,  sec. 
g2{i). 

NORTH  DAKOTA      A  provision  for  railroads,  railroad  corpora- 

1650  tions  or  common  carriers  substantially  identical  with  par.  1539. 
Rev.  Codes  igo^,  sec.  433g. 

OHIO  Substantially  identical  with  par.  1546.     Code 

i»Bi  1910,  sec.  506. 

389 


OREGON 
1B6S  55,  sec.  13. 


Identical  with  par.  1 546.    Gen.  Laws  igoy^  ch. 


SOUTH  DAKOTA  Schedules  printed  by  any  common  carrier  shall 
plainly  state  the  places  between  which  property,  passengers, 
express,  or  messages  by  telephone  will  be  carried  and  shall  con- 
tain the  classification  of  freight  and  express  in  force  upon  such 

1653  common  carrier  and  shall  also  state  separately  all  terminal 
charges,  storage  charges,  icing  charges,  all  privileges  or  facilities 
granted  or  allowed,  and  any  rules  or  regulations  which  in  any  wise 
change,  affect  or  determine  any  part  or  the  aggregate  of  such 
rates,  fares  and  charges.  Sess.  Laws  igiiy  ch.  207,  sec.  10. 
See  also  par.  160Q. 

VIRGINIA  The  schedules  printed  shall  plainly  state  the 

places  upon  its  route  between  which  property  and  passengers  wiU 
be  carried  by  any  transportation  company  and  shall  contain  the 

1554  classification  of  freight  in  force,  and  shall  also  state  separately 
the  terminal  charges,  and  any  rules  and  regtilations  which  in  any 
wise  change,  affect  or  determine  any  part  or  the  aggregate  of  such 
rates,  fares  and  charges.    Pollard's  Code,  1^04,  sec.  I2p4c{^). 

WASHINGTON  A  provision  substantially  identical  with  par. 

1 531;  also  a  provision  identical  with  par.  1527;  also  a  provision 

1565  for  interstate  rates  substantially  identical  with  par.  1531;  also 
a  provision  substantially  identical  with  par.  1549;  also  a  pro- 
vision for  telephone  and  telegraph  companies  identical  with  par. 
1527.     Laws  igii,  ch.  117,  sees.  14,  16,  17,  36,  38. 

See  also  par.  1623. 

WISCONSIN  Identical  with  par.  1546.    Laws  igoj,  ch.  362,^ 

1566  sec.  iyg7-4. 


C.    PUBLICATION    AND    POSTING    OF 
SCHEDULES.^ 

UNITED  STATES  Schedules  shall  be  plainly  printed  in  large  type] 
and  copies  for  the  use  of  the  public  shall  be  kept  posted  in  twoj 
public  and  conspicuous  places  in  every  depot,  station  or  officej 

1557  of  common  carriers  where  passengers  or  freight  respectively  are| 
received  for  transportation,  in  such  form  that  they  shall  be] 
accessible  to  the  public  and  can  be  conveniently  inspected. 
These  provisions  shall  apply  to  all  traffic  transportation  andj 
facilities  defined  in  this  act.    Act  to  Regulate  Commerce,  sec.  6. 

I  See  also  pan.  1448-1525. 


Any  common  carrier  receiving  freight  in  the  United  States  to 
be  carried  through  a  foreign  coiintry  to  any  place  in  the  United 
States  shall  also  in  like  manner  print  and  keep  open  to  public  in- 
spection at  every  depot  or  office  where  such  freight  is  received  for 
shipment,  schedules  showing  the  through  rates  established  and 
charged  by  such  common  carrier  to  all  points  in  the  United  States 

1558  beyond  the  foreign  coimtry  to  which  it  accepts  freight  for  ship- 
ment; and  any  freight  shipped  from  the  United  States  through  a 
foreign  coimtry  into  the  United  States  the  through  rate  on  which 
shall  not  have  been  made  public  as  required  by  this  provision, 
shall  before  it  is  admitted  into  the  United  States  from  said  foreign 
country,  be  subject  to  customs  duties  as  if  said  freight  were  of 
foreign  production.     Same. 

ALABAMA  Copies  of  schedules  shall  be  kept  posted  for  the 

use  of  the  public  in  at  least  two  pubHc  and  conspicuous  places 

1559  in,  and  filed  at,  every  depot,  station  or  office  of  common  carriers 
where  passengers  or  freight  are  received  for  transportation,  in 
such  form  and  place  that  they  shall  be  accessible  to  the  public 
and  can  be  conveniently  inspected.    Code  igoj,  sec.  5523. 

In  lieu  of  posting  and  filing  its  entire  schedules  at  each  depot, 
station  or  office  where  passengers  and  freight  are  received  for 
transportation,  common  carriers  may  file  and  keep  posted  at  each 

1560  such  depot,  station  or  office,  schedules  of  such  of  its  rates,  fares 
and  charges  as  are  applicable  between  such  depot,  station  or 
office  and  all  other  points  in  the  state  on  its  road  and  on  any  road 
controlled  or  operated  by  it  or  with  which  a  through  route  and 
joint  rate  have  been  established.     Same.  sec.  5524. 

Any  person  or  corporation  operating  a  railroad  who  fails 

to  post  and  keep  posted  at  all  freight  depots  the  tariff  of  rates  for 

1661  transporting  freight,  showing  general  and  special  rates  for  each 

class,  shall  on  conviction  be  fined  not  less  than  $20  nor  more  than 

$100.     Same,  sec.  j6go. 

ARIZONA  Subject  to  such  rules  and  regulations  as  com- 

mission may  prescribe  schedules  shall  be  plainly  printed  in  large 
type  and  a  copy  thereof  shall  be  kept  by  every  carrier  readily 
accessible  to  and  for  inspection  by  the  public  in  every  station 
or  office  of  such  carrier  where  passengers  or  property  are  re- 
spectively received  for  transportation,   when  such  station  or 

1562  office  is  in  charge  of  an  agent,  and  in  every  station  or  office  of 
such  carrier  where  passenger  tickets  or  tickets  for  sleeping,  parlor 
car  or  other  train  accommodations  are  sold,  or  bills  of  lading  or 

391 


way  bills  or  receipts  for  property  are  issued.  Any  or  all  of  such 
schedules  kept  as  aforesaid  shall  be  immediately  produced  by 
such  carrier  for  inspection  upon  the  demand  of  any  person. 
Sess.  Laws  ipi2,  ch.  go,  sec.  i4{a). 

ARKANSAS  All  persons  or  corporations  engaged  in  the 

transportation  of  passengers  or  property  shall  keep  posted  up  at 

1563  every  depot  imder  the  control  of  or  in  use  by  such  person  or  cor- 
poration in  a  conspicuous  place  therein,  plainly  and  legibly 
printed  schedules.     Kirhy^s  Digest,  1904,  sec.  6803. 

Such  schedules  shall  be  posted  at  least  five  days  before  the 

1664  same  shall  go  into  effect  and  the  same  shall  remain  in  force  until 
another  schedule  shall  be  posted.     Same. 

CALIFORNIA  Subject  to  such  rules  and  regulations  as  com- 

mission may  prescribe,  schedules  shall  be  plainly  printed  in  large 
type  and  a  copy  thereof  shall  be  kept  by  every  common  carrier 
readily  accessible  to  and  for  inspection  by  the  public  in  every 

1666  station  or  office  of  such  carrier  where  passenger  tickets  or  tickets 
for  sleeping,  parlor  car  or  other  train  accommodations  are  sold  or 
bills  of  lading  or  way  bills  or  receipts  for  property  are  issued. 
Any  or  all  of  such  schedules  shall  be  immediately  produced  by 
such  carrier  for  inspection  upon  the  demand  of  any  person. 
Stats,  igii,  ist.  ex.  sess.,  ch.  14,  sec.  i4{a). 

COLORADO  Substantially  identical  with  par.  1557.    Laws 

1666  igio,  sp.  sess. J  ch.  5,  sec.  6. 

FLORIDA  The  railroad  companies  affected  shall  furnish 

at  their  own  cost  and  shall  put  in  conspicuous  places,  the  sched- 

1667  ules,  rate  sheets,  etc.,  adopted  by  commission  according  to  the 
rules  and  regulations  made  by  commission.    Gen.  Stats.  igo6,  sec. 

2903- 

GEORGIA  Commission  may  require  such  publication  by 

common  carriers  in  newspapers  of  towns  through  which  their 

1668  lines  extend  of  their  schedules  as  may  be  reasonable  and  which 
the  public  convenience  demands.    Code  igii,  sec.  2663. 

ILLINOIS  When  any  schedule  shall  have  been  made  or 

revised  commission  shall  have  the  same  printed  by  the  state 
printer  imder  the  contract  governing  state  printing,  and  com- 
mission shall  furnish  two  copies  of  said  printed  schedule  to  the 
president,  general  manager,  general  superintendent  or  receiver  of 
each  common  carrier  doing  business  in  the  state.     And  every 

392 


1669  such  connnon  carrier  so  receiving  any  such  schedule  from  com- 
mission shall  cause  same  to  be  plainly  printed  and  copies  for  the 
use  of  the  public  shall  be  kept  in  every  depot,  station  or  office  of 
such  carrier  where  passengers  or  property  respectively  are  re- 
ceived for  transportation  in  such  form  that  they  shall  be  accessible 
to  the  public  and  can  be  conveniently  inspected.  Revisal  iQOQy 
ch.  114,  sec.  ig8. 

It  shall  be  the  duty  of  every  express  company  and  carrier  by 
express  to  print  in  clear  and  legible  type  the  schedules  of  rates 
and  charges  for  the  transportation  of  property,  money,  parcels, 
merchandise,  packages  and  other  commodities  and  things  from 
every  point  in  the  state  on  its  own  line  to  every  other  point  in  the 
state  on  its  own  line  or  when  in  connection  with  any  other  express 
company  or  carrier  by  express  to  every  other  point  of  such  other 
express  company  or  carrier  by  express  within  the  state  where  a 

1670  joint  rate  has  been  established,  and  naming  of  such  points  in  such 
schedules,  and  to  post  and  keep  displayed  in  each  office  or  place  of 
business  of  such  express  company  or  carrier  by  express  within 
convenient  access  and  for  the  inspection  and  use  of  the  public  dur- 
ing customary  business  hoiirs,  such  printed  schedules  of  rates 
and  charges  and  any  amendment  thereto,  and  in  like  manner  to 
post  or  display  any  special  rules  or  regulations,  also  the  classifi- 
cation applying  which  may  be  promulgated  by  them  or  by  order 
of  said  commission  for  the  information  of  shippers.     Same,  sec. 

370- 

Any  express  company  or  carrier  by  express,  or  any  officer, 
representative,  servant,  agent,  lessee,  trustee  or  receiver  of  such 
express  company  or  carrier  by  express,  knowingly  violating  any  of 
the  provisions  of  this  section  shall  upon  conviction  be  fined  in  any 
sirni  not  less  than  $100  and  not  more  than  $500  for  the  first 

1671  offense;  and  for  the  second  offense  and  each  subsequent  offense 
shall  be  fined  in  any  sum  not  less  than  $1,000  and  not  more  than 
$5,000,  to  be  recovered  in  an  action  of  debt  in  the  name  of  the 
people  of  the  state,  and  there  may  be  several  counts  joined  in  the 
same  declaration.  Each  distinct  violation  shall  be  a  separate 
offense  and  in  case  of  the  continuing  violation,  the  violation  for 
each  day  shall  be  deemed  a  separate  offense.     Same. 

INDIANA  A  copy  of  schedules,  rules  and  regulations  and 

switching  tariff,  for  the  use  of  the  public,  shall  be  filed  and  kept 
on  file  in  every  depot,  station  and  office  of  railroads  where 

1672  passengers  or  freight  are  received  for  transportation,  and  where 
an  agent  is  regularly  maintained,  and  in  such  form  and  place 

393 


as  to  be  accessible  to  the  public  and  where  they  can  be  con- 
veniently inspected.     Acts  igii,  ch.  22 j,  sec.  i. 

IOWA  Every  common  carrier  shall  print  and  keep  for 

public  inspection  schedules  showing  the  rates,  fares  and  charges 

1673  for  the  transportation  of  passengers  and  property  which  it  has 
established  and  which  are  in  force  at  the  time  on  its  railroad. 
Code  iSgy,  sec.  2128. 

Such  schedules  shall  be  plainly  printed  in  large  type  of  at 
least  the  size  of  ordinary  pica,  and  a  copy  for  the  use  of  the  public 

1674  shall  be  kept  in  every  freight  office  and  passenger  station  on  such 
road  where  it  can  be  conveniently  inspected;  and  it  shall  keep  a 
printed  notice  posted  in  every  such  freight  office  and  passenger 
station  indicating  where  therein  the  same  can  be  found.     Same. 

Joint  rates,  fares  or  charges  on  continuous  lines  shall  be  made 
public  by  common  carriers  when  directed  by  commission  in  so  far 
as  in  its  judgment  may  be  practical,  and  it  shall  from  time  to 
time  prescribe  the  measvire  of  publicity  which  shall  be  given  to 
1676  such  rates,  fares  and  charges  or  to  such  part  thereof  as  it  may 
think  practicable  for  such  common  carriers  to  pubHsh  and  the 
places  in  which  they  are  to  be  published;  but  no  common  carrier 
party  to  any  such  joint  tariff  shall  be  liable  for  the  failure  of  any 
other  party  thereto  to  observe  and  adhere  to  the  rates,  fares  or 
charges  thus  made  and  published.     Same. 

A  printed  copy  of  the  schedules  revised  by  commission  shall 

1676  be  conspicuously  posted  by  common  carriers  in  each  freight  office 
and  passenger  depot  upon  all  lines  affected  thereby.  Same, 
sec.  2ij8. 

Every  company  or  common  carrier  engaged  in  transporting 
property,  money,  parcels,  merchandise,  packages  and  other 
things  shall  print  in  clear  and  legible  type -the  schedules  of  rates 
for  transportation  of  such  property,  money,  parcels,  mer- 
chandise, packages  and  other  things  so  made  by  commission,  and 
shall  post  in  each  of  its  offices  or  places  of  business  where  patrons 

1677  visit  for  the  purpose  of  making  and  receiving  shipments,  and  keep 
displayed  in  each  office  or  place  of  business  within  convenient 
access  and  for  the  inspection  and  use  of  the  public  during  cus- 
tomary business  hours  such  printed  schedule  of  rates  of  charges 
and  amendments  thereto,  and  shall  also  post  and  display  in 
similar  manner  any  special  rules  and  regulations  which  may  be 
promulgated  by  them  or  commission  for  the  information  of  their 
patrons.     Same,  sec.  2i6sd. 

394 


KANSAS  The  rules  prescribed  by  commission  and  de- 

livered in  writing  to  any  person,  firm,  association  or  corporation 
engaged  in  the  business  of  transporting  oil  by  means  of  pipe  lines 

1678  shall  be  printed  and  posted  up  in  a  convenient,  accessible  and 
conspicuous  place  at  each  office,  station  or  place  of  business 
where  such  oil  is  received  or  delivered.     Gen.  Stats,  igog,  sec, 

3964- 

See  also  par.  7^5. 

MARYLAND  Schedules   shall   be   plainly   printed;    copies 

thereof  for  the  use  of  the  public  shall  be  kept  posted  in  public  and 
conspicuous  places  in  depots,  stations  and  offices  of  every  com- 

1579  mon  carrier  where  passengers  or  property  are  received  for  trans- 
portation in  such  manner  as  to  be  readily  accessible  to  and  con- 
veniently inspected  by  the  public  wherever  and  whenever  so 
ordered  by  commission.     Laws  igio,  ch.  180,  sec.  15. 

MICHIGAN  Schedules  shall  be  printed  plainly  in  large  type, 

and  copies  for  the  use  of  the  public  shall  be  kept  on  file  for  public 
inspection  in  every  depot,  station  or  office  of  common  carriers 

1680  where  passengers  or  freight  respectively  are  received  for  trans- 
portation or  where  tickets  are  sold,  in  such  form  that  they  will 
be  accessible  to  the  pubHc  and  can  conveniently  be  inspected. 
These  provisions  shall  apply  to  all  traffic  and  transportation 
facilities  defined  in  this  act.     Pub.  Acts  igii,  no.  jjp,  sec.  io{a). 

Each  telephone  company  within  the  state  shall  have  on  file 
and  accessible  to  the  public  in  its  particular  place  of  doing  busi- 
ness, a  schedule  of  the  rates,  charges  and  tolls  made,  charged  or 
collected  by  said  company  for  service  rendered,  furnished  or  per- 

1681  formed  and  for  joint  services  rendered,  furnished  or  performed 
and  at  its  exchange  or  toll  station,  a  schedule  of  the  rates,  charges 
and  tolls,  made,  charged,  or  collected  by  said  company  for  serv- 
ices rendered,  furnished  or  performed  and  for  joint  service  ren- 
dered, furnished  or  performed  in  connection  with  such  exchange 
or  toll  station.     Pub.  Acts  igii,  no.  ij8,  sec.  ig. 

MINNESOTA  Every  company  shall  keep  at  every  station  or 

depot  on  its  road  convenient  for  and  open  to  public  inspection, 

1682  schedules  printed  in  large  tjrpe  showing  all  classifications,  rates, 
fares  and  charges  for  transportation  of  freight  and  passengers  in 
force  at  the  time  upon  its  road.     Rev.  Laws  igoj,  sec.  2012. 

Every  such  company  shall  keep  posted  in  a  conspicuous 

1683  place  at  every  such  station  accessible  to  shippers,  notice  that 
such  schedules  are  so  kept  thereat.     Same. 

S$e  also  par.  g^y. 

395 


MISSISSIPPI  Commission  shall  prescribe  the  mamier  and 

designate  the  place  of  posting  the  tariffs  of  charges;  and  every 
railroad  shall  post  within  ten  days  after  approval  and  keep  posted 
in  the  manner  and  at  a  place  designated  by  commission  at  each 

1684  of  its  depots,  its  tariffs  of  charges  for  the  transportation  of  pas- 
sengers and  freight  including  joint  charges  with  all  connecting 
lines  if  so  ordered  together  with  commission's  certificate  of  ap- 
proval and  all  classification  notices  and  orders  promulgated 
by  commission  and  directed  to  be  posted.  Code  igo6,  as  amended, 
sec.  4846. 

MISSOURI  Every  common  carrier  shall  print  and  keep  for 

public  inspection  schediiles  showing  the  rates  for  freight  which 
such  carrier  has  established  and  which  are  in  force  at  the  time 

1686  upon  the  railroad  or  railroads  operated  by  it.  Copies  of  such 
schedules  and  also  all  rules  and  regulations,  if  any,  shall  be  kept 
posted  in  every  depot  or  station  upon  such  road  in  such  place 
where  the  same  can  be  conveniently  inspected  by  every  person 
interested  in  the  same.     Rev.  Stats,  igog,  sec.  31SJ. 

The  manager  of  every  public  warehouse  or  public  elevator 
shall  be  required  within  30  days  after  the  passage  of  this  article 
and  diiring  the  first  week  in  January  of  each  year  thereafter,  to 

1686  publish  in  one  or  more  of  the  newspapers  published  in  the 
vicinity  in  which  such  warehouse  or  elevator  is  situated,  a  schedule 
of  rates  for  the  transferring,  handliag  or  storing  of  grain  in  his 
warehouse  or  elevator  during  the  enstdng  year.     Same,  sec.  6yg4. 

See  also  par.  8og.  / 

MONTANA  When  any  schedules  shall  have  been  made  or 

revised  it  shall  be  the  duty  of  commission  to  cause  notice  thereof 
to  be  published  for  two  successive  weeks  in  some  newspaper  pub- 
lished in  the  city  of  Helena,  which  notice  shall  state  the  date  of 

1687  taking  effect  of  such  schedule  and  such  schedule  shall  take  ef- 
fect at  the  time  so  stated  in  such  notice,  and  a  printed  notice  of 
such  schedule  shall  be  conspicuously  posted  by  such  common 
carrier  in  each  freight  office  and  passenger  depot  upon  its  lines. 
Rev.  Codes  igoy,  sec.  43yg. 

Each  railroad  shall  display  in  a  conspicuous  place  in  each  of 

1688  its  stations  in  the  state  a  schedule  printed  in  plain  legible  English 
type  showing  all  classifications  and  rates  fixed  and  established  by 
commission.     Same. 

Any  failure  or  refusal  on  the  part  of  any  railroad  to  comply 
I68»  with  the  provisions  of  this  section  shall  subject  such  railroad  to  a 


penalty  of  not  less  than  $ioo  nor  more  than  $500  for  each  day 
that  such  failure  or  neglect  is  continued.    Same. 

NEBRASKA.  Every  railway  company  or  common  carrier 

shall  print  and  keep  for  public  inspection,  schedules  showing  the 

1690  rates,  fares  and  charges  for  the  transportation  of  passengers  and 
freight  which  have  been  fixed  and  established  and  which  are  in 
force  at  the  time  upon  its  railroad  or  railroads.  Cobbey's  Annot. 
Stats.  igoQj  sec.  10656. 

Said  schedules  are  to  be  plainly  printed  in  large  type  of  at 
least  the  size  of  ordinary  pica,  and  a  copy  for  the  use  of  the 
public  shall  be  kept  in  every  freight  office  and  passenger  station 

1591  on  such  road  where  it  can  be  conveniently  inspected,  and  such 
railway  company  or  common  carrier  shall  keep  a  printed  notice 
posted  in  every  such  freight  office  and  passenger  station,  indi- 
cating where  therein  the  same  can  be  foimd.     Same. 

Said  schedtiles  shall  have  printed  at  the  top  thereof  in  black 
faced  type  the  words  ''Schedule  A,"  ''Schediile  B,"  etc.,  and 
shall  also  have  printed  thereon  immediately  following  said  words 
the  date  when  such  schediile  or  schedules  went  into  effect,  and 
when  commission  have  revised,  annulled  or  modified  any  rate  or 

1692  rates  in  said  schedules  so  designated,  said  railway  company  or 
common  carrier  shall  prepare  another  schedule  showing  the  rate 
or  rates  so  annulled,  revised  or  modified  iand  the  classification 
thereof,  which  shall  be  designated  by  printed  words  at  the  top 
thereof  as  ''Supplemental  Schedule  A,"  etc.,  and  when  the  rate 
or  rates  therein  set  forth  are  in  force  and  effect.     Same. 

NEVADA  Copies  of  schediiles  shall  be  printed  in  plain 

large  type  at  least  the  size  of  ordinary  pica  and  shall  be  kept 
plainly  posted  for  public  inspection  in  at  least  two  places  in  every 
depot  where  freights  are  received  or  delivered,  and  no  such 
schedule  shall  be  changed  in  any  particular  except  by  the  sub- 

1693  stitution  of  another  schedule  containing  the  substitutions  above 
required,  which  substitute  schedule  shall  plainly  state  the  time 
when  it  shall  go  into  effect  and  copies  of  which  printed  as  aforesaid 
shall  be  posted  as  above  provided  at  least  five  days  before  the 
same  shall  go  into  effect  and  shall  remain  in  full  force  imtil  an- 
other schedule  shall  be  substituted.    Comp.  Laws  igoo,  sec.  10 j6. 

Two  copies  of  schedules  for  the  use  of  the  public  shall  be 
filed  and  kept  on  file  in  every  depot,  station  and  office  of  railroads 

1694  where  passengers  or  freight  are  received  for  transportation  in  such 
form  and  place  as  to  be  accessible  to  the  public  and  where'they 
can  be  conveniently  inspected.    Stats,  igoy^  ch.  44^  sec,  4. 

397 


NEW  YORK  Schedules  shall  be  plainly  printed  in  large  type 

and  a  copy  thereof  shall  be  kept  by  every  carrier  readily  ac- 
cessible to  and  for  convenient  inspection  by  the  public  in  every 
station  or  office  of  such  carrier  where  passengers  or  property  are 
respectively  received  for  transportation  when  such  station  or 

1696  office  is  in  charge  of  an  agent,  and  in  every  station  or  office  of 
such  carrier  where  passenger  tickets  for  transportation  or  tickets 
covering  sleeping  or  parlor  car  or  other  train  accommodation  are 
sold  or  bills  of  lading  or  receipts  for  property  are  issued.  All  or 
any  of  such  schedules  kept  as  aforesaid  shaU  be  immediately  pro- 
duced by  such  carrier  for  such  inspection  upon  the  demand  of  any 
person.     Laws  igio,  ch.  480^  sec.  28. 

Telegraph   or   telephone   corporation   schedules   shall   be 

1696  plainly  printed  and  kept  open  to  public  inspection.  Same,  sec. 
92  {i). 

See  also  pars.  1635,  1637. 

NORTH  CAROLINA  Commission  shall  publish  the  rates  or  a  sum- 
mary thereof  of  common  carriers  in  some  convenient  form  for  the 

1697  information  of  the  public,  and  quarterly  thereafter  the  changes 
made  in  such  schedules  if  they  deem  it  advisable.  PelVs  Re- 
visal  igo8,  sec.  nog. 

NORTH  DAKOTA  Provisions  for  railroads,  railroad  corporations 
or  common  carriers  substantially  identical  with  pars.  1573,  1574, 
1575,  1576,  except  that  ''shall  be  kept  in  every  freight  office  and 

1698  passenger  station  (depot) "  reads  ''shall  be  kept  in  every  freight, 
express  or  receiving  office  or  passenger  station  (depot). '*  Rev. 
Codes  igo5,  sees.  433g,  4342,  4343^  as  amended  hy  Laws  igiit 
ch.  255y  sec.  2. 

OHIO  Two  copies  of  schedules,  in  such  form  and  place 

as  to  be  accessible  for  inspection  by  the  public,  shall  be  filed  and 

1699  kept  on  file  in  every  depot,  station  and  office  of  all  railroads 
where  passengers  or  freight  are  received  for  transportation. 
Code  igio,  sec.  506. 

The  schedules  of  every  public  utility  shall  be  plainly  printed 
and  kept  open  to  public  inspection.  Commission  may  establish 
rules  and  regulations  for  keeping  such  schedules  open  to  public 
inspection,  and  may,  from  time  to  time,  modify  the  same.  A 
1600  copy  of  such  schedules  or  so  much  thereof  as  commission  may 
deem  necessary  for  the  use  and  information  of  the  public,  shall  be 
printed  in  plain  type  and  kept  on  file  or  posted  in  such  places  and 

398 


in  such  manner  as  commission  may  order.     Laws  igii,  no.  j^j, 
sec.  i8. 

OKLAHOMA  In  order  to  ascertain  what  the  regvdar  charges 

of  such  companies  are,  all  railroad,  express,  telegraph  and  tele- 

1601  phone  companies  doing  business  in  the  state  are  required  to  keep 
in  all  their  offices  in  the  state  a  schedule  of  the  regular  rates 
charged  by  them,  which  shall  be  open  to  the  inspection  of  any 
person  interested  therein.    Sess.  Laws  igo8,  ch.  ij,  art.  j,  sec.  j. 

Any  agent  of  any  railroad,  express,  telegraph  or  telephone 
company  who  shall  fail  or  refuse  to  show  the  schedule  of  rates  of 
said  company  to  any  person  or  persons  interested  therein,  and 

1602  allow  him  or  them  to  examine  the  same,  as  provided  in  section  3, 
shall  be  deemed  guilty  of  a  misdemeanor,  and  upon  conviction 
thereof  shall  be  fined  in  any  sum  not  less  than  $100  nor  more  than 
$500.     Same,  sec.  5. 

OREGON  Two  copies  of  schedules  for  the  use  of  the 

public  shall  be  filed  and  kept  on  file  in  every  depot,  station  and 

1603  office  of  railroads  where  an  agent  is  maintained,  which  schedule 
shall  be  in  such  form  and  place  as  to  be  accessible  to  the  public 
and  can  be  conveniently  inspected.  Gen.  Laws  igoy,  ch.  55, 
sec.  13. 

A  copy  of  so  much  of  the  schedules  of  every  public  utility 
filed  with  commission  as  commission  may  deera  necessary  for  the 
use  of  the  public  shall  be  printed  in  plain  type  and  kept  on  file  in 

1604  every  station  or  office  of  such  public  utility  where  payments  are 
made  by  the  consimiers  or  users,  open  to  the  public  in  such  .form 
and  place  as  to  be  readily  accessible  to  the  public  and  as  can  be 
conveniently  inspected.     Gen.  Laws  1911,  ch.  2yg,  sec.  2j. 

PENNSYLVANIA         See  par.  1642. 

RHODE  ISLAND  A  copy  of  so  much  of  the  schedules  filed  with 
commission  as  commission  shall  deem  necessary  for  the  use  of  the 
public  shall  be  printed  in  plain  type  or  typewritten  and  kept  on 

1605  file  in  every  station  or  office  of  such  public  utiHty  where  payments 
are  made  by  the  consimiers  or  users,  open  to  the  public  in  such 
form  and  place  as  to  be  readily  accessible  and  conveniently  in- 
spected, and  as  commission  may  order.  Acts  igi2,  ch.  ^gj,  sec. 
48. 

SOUTH  CAROLINA  When  any  schedule  shall  have  been  made  or 
revised,  all  railroad  companies  shall  post  at  all  their  respective 

1606  stations,  a  copy  of  said  schedule  for  the  protection  of  the  people. 
Gen.  Stats.  igo2,  sec.  2ogj. 

399 


Any  railroad  corporation  which  shall  fail  to  post  at  any  of 
its  stations  a  copy  of  the  schedule  of  rates,  as  provided  in  this 

1607  section  shall  be  liable  to  a  penalty  of  $ioo  for  each  and  every  day 
in  which  it  shall  fail  to  post  such  schedule,  to  be  recovered  by  any 
citizen  who  will  sue  therefor,  one-half  of  such  penalty  to  go  to  the 
state,  the  other  half  to  the  citizen  suing  for  the  same.     Same. 

SOUTH  DAKOTA  When  any  schedule  shall  have  been  made  or  re- 
vised as  provided  by  law,  commission  shall  cause  notice  thereof 
to  be  published  for  two  successive  weeks  in  two  public  newspapers 
published,  one  in  the  county  of  Minnehaha  and  one  in  the  county 

1608  of  Lawrence,  in  the  state,  which  notice  shall  state  the  date  of  the 
taking  effect  of  said  schedule,  and  said  schedule  shall -take  effect 
at  the  time  so  stated  in  such  notice,  and  a  printed  copy  of  said  re- 
vised schedule  shall  be  conspicuously  posted  by  any  common  car- 
rier in  each  freight  office  and  passenger  depot  upon  its  line  or 
lines.     Rev.  Pol.  Code  igoj,  sec.  450. 

Every  common  carrier  shall  print  and  keep  for  public  in- 
spection schedules  showing  the  rates,  fares  and  charges  for  the 

1609  transportation  of  passengers,  property,  express  and  messages  by 
telephone  which  any  such  common  carrier  has  established  and 
which  are  in  force  at  the  time  upon  its  lines.  Sess.  Laws  igii, 
ch.  2oyy  sec.  10. 

Such  schedules  shall  be  plainly  printed  in  large  type  of  at 
least  the  size  of  ordinary  pica  and  a  copy  for  the  use  of  the  public 
shall  be  kept  in  every  freight  office,  passenger  station,  express 

1610  office  and  telephone  office  of  such  common  carrier  where  it  can 
be  conveniently  inspected,  and  such  common  carrier  shall  keep  a 
printed  notice  posted  in  every  such  freight  office,  passenger 
station,  express  office  and  telephone  office  indicating  where 
therein  such  schedules  can  be  foimd.     Same. 

Joint  rates,  fares  and  charges  on  continuous  lines  filed  with 
commission  shall  be  made  public  by  common  carriers  when  di- 
rected by  commission,  filing  in  the  office  of  commission  correct 
examined  copies  of  all  contracts  or  agreements  existing  or  here- 

1611  after  made  affecting  any  state,  interstate,  or  proportional  charge 
or  rate  any  part  of  which  affects  or  goes  to  make  up  a  rate  charged 
in  the  state;  but  no  common  carrier  party  to  such  joint  tariff 
shall  be  liable  for  the  failure  of  any  other  common  carrier  party 
thereto  to  observe  and  adhere  to  the  rates,  fares  and  charges 
made  and  published.     Same. 

A  printed  copy  of  the  schedules  revised  by  commission  shall 
I6IS  be  conspicuously  posted  by  common  carriers  in  each  freight 

400 


office,  passenger  depot,  express  office  and  telephone  office  upon 
their  line  or  lines.     Same,  sec.  20. 

Copies  of  all  existing  schedules  shall  be  posted  in  every 
station  or  exchange  of  every  telephone  company  within  the  state 
and  thereafter  printed  copies  of  all  new  schediiles  shall  be  like- 

1613  wise  posted  in  every  station  of  such  telephone  company  within 
the  state  30  days  prior  to  the  time  the  same  shall  take  effect,  and 
shall  be  accessible  for  public  inspection.  Sess.  Laws  igog,  ch, 
28g,  sec.  6,  as  amended  by  Sess.  Laws  igii,  ch.  218,  sec.  4. 

TENNESSEE  Every  railway  company  shall  keep  a  plain  in- 

telligible schedule  of  freight  rates  and  freight  classifications  from 

1614  all  points  on  its  road  printed  and  posted  up  in  a  conspicuous 
place  accessible  to  the  public,  at  every  depot  on  its  road.  Code 
igo6,  sec.  3062. 

It  shall  be  the  duty  of  railroad  companies  or  other  persons 
operating  any  railroad  in  the  state  to  post  at  each  of  its  depots, 
1616  all  rates,  schedules  and  tariffs  for  the  transportation  of  passengers 
and  freights  made  or  approved  by  commission  with  certificate  of 
approval  in  some  conspicuous  place  at  the  depot.  Acts  iSgy,  ch. 
10,  sec.  22. 

TEXAS  Each  railroad  company  shall  cause  schedules  of 

rates  to  be  printed  in  type  of  a  size  not  less  than  pica,  and  shall 

1616  have  the  same  posted  up  in  a  conspicuous  place  at  each  of  its 
depots  so  as  to  be  inspected  by  the  public.  Sayles^  Civ.  Stats. 
i8g'/,  art.  456'/. 

VERMONT  Every    railroad   corporation   shall   post   con- 

spicuously in  all  its  depots,  stations  and  offices  in  the  state,  a 
notice  that  its  schediiles  of  rates  are  on  file  in  said  offices  and  can 

1617  be  seen  on  application  to  the  person  in  charge,  and  such  schedule 
may  be  inspected  by  any  person  upon  application  and  without 
the  assignment  of  any  reason  therefor.     Puh.  Stats.  igo6,  sec. 

4533- 

Every  express  company  shall  post  up  in  its  usual  place  of 
business  and  in  the  post  office  and  town  clerk's  office  in  the 
towns  where  it  has  a  place  of  business,  and  keep  exhibited  in  a 
convenient  place,  in  conspicuous  letters  a  printed  tariff  of  charges 

1618  for  transportation  of  goods  and  chattels  between  points  with 
which  such  express  company  has  business  or  connection.  Every 
telegraph  company  shall  in  like  manner  make  known  rates  of 
charges  for  the  transmission  of  telegraphic  dispatches.  Same, 
sec.  4865. 

401 


Every  company  shall  keep  on  file  in  every  station  or  office 
thereof  where  pajonents  are  made  by  consiimers  or  users,  open  to 

1619  the  public  and  in  such  form  and  place  as  to  be  readily  accessible  to 
inspection  by  the  public,  a  copy  printed  in  plain  type  of  so  much 
of  its  schedules  as  commission  shall  deem  necessary.  Laws  iqo8, 
no.  ii6,  sec.  ig. 

VIRGINIA  Every  transportation  company  shall  print  and 

keep  open  to  public  inspection,  schedules  showing  the  rates,  fares 

1620  and  charges  for  the  transportation  of  passengers  and  property 
which  have  been  established  and  which  are  in  force  at  the  time 
upon  its  route.     Pollard^ s  Code  1904,  sec.  I2g4c{^). 

Such  schediiles  shall  be  plainly  printed  in  large  type  and 
copies  for  the  use  of  the  public  shall  be  posted  or  exhibited  in  two 

1621  public  and  conspicuous  places  in  every  depot,  station  or  office  of 
such  company  where  passengers  or  freight  respectively  are  re- 
ceived for  transportation,  and  in  such  form  that  they  shall  be 
accessible  to  the  public  and  can  be  convenientlyinspected.     Same. 

WASHINGTON  A  provision  identical  with  par.  1595.     Laws 

1622  igii,  ch.  iiy,  sec.  14. 

A  schedtde  shall  be  plainly  printed  in  large  type  and  a  copy 
thereof  shall  be  kept  by  every  telephone  and  telegraph  company 
readily  accessible  to  and  for  convenient  inspection  by  the  public 
at  such  places  as  may  be  designated  by  commission,  which  sched- 

1623  ule  shall  state  the  rates  charged  from  such  station  to  every  other 
station  on  such  company's  line  or  on  any  line  controlled  and  used 
by  it  within  the  state.  All  or  any  of  such  schedules  kept  as  afore- 
said shall  be  immediately  produced  by  such  telephone  or  tele- 
graph company  upon  the  demand  of  any  person.     Same,  sec.  36. 

WISCONSIN  A  provision  identical  with  par.  1594;  also  a 

i62i  provision  identical  with  par.  1604.  Laws  igo^y  ch.  362,  sec. 
iygy-4.    Laws  igoy,  ch.  4gg,  sec.  i'jg'jm~2g. 


D.    THE   FORMS  OF   SCHEDULES. 

UNITED  STATES  Commission  may  determine  and  prescribe  the 
form  in  which  the  schedules  required  by  this  section  to  be  kept 

1626  open  to  public  inspection  shall  be  prepared  and  arranged  and  may 
change  the  form  from  time  to  time  if  it  shall  be  found  expedient. 
Act  to  Regulate  Commerce,  sec.  6. 

402 


ALABAMA  Commission  may  prescribe  such  changes  in  the 

form  in  which  the  schedules  shall  be  issued  by  common  carriers 

1686  as  may  be  found  expedient.  Acts  igog,  sp.  sess.,  no.  201,  sec, 
1(5). 

ARIZONA,    CALIFORNIA 

The  form  of  every  schedule  shall  be  prescribed 
by  commission  and  shall  conform  in  the  case  of  common  car- 
riers subject  to  the  act  entitled  "An  act  to  regulate  com- 
1627  merce,"  approved  February  4,  1887,  and  the  acts  amendatory 
thereof  and  supplementary  thereto,  as  nearly  as  may  be  to  the 
form  of  schedules  prescribed  by  the  interstate  commerce  com- 
mission under  said  act.  Ariz. — Sess.  Laws  igi2,  ch.  go,  sec. 
14(0);  Cat. — Stats,  igii,  ist.  ex.  sess.,  ch.  14,  sec.  i4{a). 

Commission  may  from  time  to  time  in  its  discretion  deter- 
mine and  prescribe  by  order  such  changes  in  the  form  of  the  sched- 

1688  ules  referred  to  in  this  section  as  it  may  find  expedient,  and  modify 
the  requirements  of  any  of  its  orders,  rules  or  regulations  in  re- 
spect to  any  matters  in  this  section  referred  to.  Ariz. — Same, 
sec.  14(c)  ;  Cat. — Same,  sec.  i4{c). 

See  also  par.  1454. 

COLORADO  Commission  may  determine  and  prescribe  the 

form  in  which  the  schedides  required  by  this  act  to  be  kept  open 
to  the  public  inspection,  shall  be  prepared  and  arranged  and  may 

1689  change  the  same  from  time  to  time  as  may  be  deemed  expedient, 
but  the  form  of  such  schedule  shall  conform  as  nearly  as  practi- 
cable to  the  forms  required  by  the  interstate  commerce  commis- 
sion.    Laws  igio,  sp.  sess.  ch.  5,  sec.  7. 

INDIANA  All  schedules  of  rates  shall  be  in  such  form  as 

1630  shall  be  prescribed  by  the  interstate  commerce  commission.  Acts 
igii,  ch.  225,  sec.  i. 

MARYLAND  The  form  of  every  schedtile  shall  be  prescribed 

by  commission,  and  shall  conform  as  nearly  as  possible  to  the 
form  of  schedules  required  by  the  interstate  commerce  commis- 
sion under  the  act  of  congress  entitled  "An  act  to  regulate  com- 

1681  merce,"  approved  February  4,  1887,  as  amended  by  the  act 
approved  Jinie  29,  1906,  and  other  amendments  thereto.  Com- 
mission shall  have  power  from  time  to  time,  at  its  discretion,  to 
determine  and  prescribe  by  order  such  changes  in  the  form  of 
such  schedules  as  may  be  found  expedient.  Laws  igio,  ch.  180, 
sec.  15. 

403 


MICHIGAN  Substantially  identical  with  par.  1629.    Pub. 

1632  Acts,  191 1 y  no.  ijp,  sees.  io{d),  io{e). 

NEVADA  Commission  may  prescribe  such  changes  in  the 

form  in  which  the  schedules  are  issued  by  the  railroad  as  may  be 

I6S8  fotind  expedient,  and  such  schedules  shall,  as  far  as  practicable, 
conform  to  the  forms  prescribed  by  the  interstate  commerce 
commission.     Stats,  igoy,  ch.  44,  sec.  4(d). 

Each  public  utility  is  required  to  conform  its  schedule  of 

1634  rates,  tolls  and  charges  to  the  classifications  of  service  prescribed 
by  commission  for  which  schedules  commission  may,  when  neces- 
sary, prescribe  the  forms.     Stats,  igii,  ch.  162,  sec.  ij. 

NEW  HAMPSHIRE  See  par.  i486. 

NEW    YORK  The  form  of  every  schedule  shall  be  prescribed 

by  commission  and  shall  conform  in  the  case  of  railroad  corpora- 
tions as  nearly  as  may  be  to  the  form  of  schedule  required  by  the 
interstate  commerce  commission  imder  the  act  of  congress  entitled 
"An  act  to  regulate  commerce"  approved  February  4,  1887,  and 
the  acts  amendatory  thereof  and  supplementary  thereto.  Where 
any  similar  schediile  is  reqiiired  by  law  to  be  filed  with  both  com- 

1636  missions  they  shall  agree  upon  an  identical  form  for  such  sched- 
ules. Commission  may  from  time  to  time,  in  its  discretion,  deter- 
mine and  prescribe  by  order  such  changes  in  the  form  of  such 
schedules  as  may  be  found  expedient,  and  modify  the  require- 
ments of  this  section  in  respect  to  publishing,  posting  and  filing  of 
schedules  either  in  particular  instances  or  by  general  order  ap- 
plicable to  special  or  peculiar  circimistances  or  conditions.  Laws 
1910,  ch.  480,  sec.  28. 

Commission  may  prescribe  the  form  of  every  schedule  of 
gas  and  electric  corporations  and  from  tine  to  time  prescribe  by 
order  such  changes  in  the  form  thereof  as  may  be  deemed  wise. 
1686  Commission  may  also  establish  such  rules  and  regulations  to  carry 
into  effect  the  provisions  of  this  subdivision  as  it  may  deem  neces- 
sary, and  modify  or  amend  such  rules  or  regulations  from  time  to 
time.     Same,  sec.  66(12). 

Commission  may  prescribe  the  form  of  every  telephone  and 
telegraph  schedule,  and  may  from  time  to  time  prescribe,  by 

1637  order,  changes  in  the  form  thereof.  Commission  shall  also  have 
power  to  establish  rules  and  regulations  for  keeping  such  sched- 
ules open  to  public  inspection  and  may  from  time  to  time  modify 
the  same.    Same,  sec.  92(1) , 

404 


OHIO  Commission  may  prescribe  such  changes  in  the 

form  in  which  schedules  are  issued  by  a  railroad  as  may  be  found 

1638  expedient.  Such  schedules,  as  far  as  practicable,  shall  conform 
to  the  forms  prescribed  by  the  interstate  commerce  commission. 
Code  igio,  sec.  511. 

Commission  may  prescribe  the  form  of  every  schedule,  and 

1639  may,  from  time  to  time,  prescribe,  by  order,  changes  in  the  form 
thereof.     Laws  igii,  no.  325,  sec.  18. 

OREGON  Commission  may  prescribe  such  changes  in  the 

1640  form  in  which  the  schedules  are  issued  by  the  railroad  as  may  be 
found  expedient.     Gen.  Laws  igoj,  ch.  53,  sec.  17. 

Commission  may  prescribe  such  changes  in  the  form  in  which 

1641  the  schedules  are  issued  by  any  public  utility  as  may  be  found  to 
be  expedient.     Gen.  Laws  igii,  ch.  2yg,  sec.  32. 

PENNSYLVANIA  Commission  may  recommend  the  form  in  which 
schedules  or  tariffs  of  rates,  fares,  charges,  and  distribution  of 

1642  cars  shall  be  posted  and  published,  and  make  such  change  or 
changes  therein,  from  time  to  time,  as  shall  be  found  expedient. 
Laws  igoy,  no.  250,  sec.  14. 

RHODE  ISLAND  Commission  may  determine  and  prescribe  the 
form  in  which  the  schedules  required  by  this  section  to  be  kept 
open  to  public  inspection  shall  be  prepared  and  arranged,  pro- 

1643  vided,  that  with  respect  to  public  utilities  subject  to  the  federal 
"act  to  regulate  commerce,'*  so  called,  the  form  of  such  sched- 
ules shall  be  that  from  time  to  time  prescribed  by  the  interstate 
commerce  commission.     Acts  igi2,  ch.  yg^,  sec.  48. 

WASHINGTON  The  form  of  every  schedule  shall  be  prescribed 

by  commission  and  shall  conform  in  the  case  of  railroad  companies 
as  nearly  as  may  be  to  the  form  of  schedules  required  by  the  inter- 

1644  state  commerce  commission  under  the  act  of  congress  entitled 
"An  act  to  regulate  commerce,"  approved  February  4,  1887,  and 
the  acts  amendatory  thereof  and  supplementary  thereto.  Laws 
igii,  ch.  iiy,  sec.  14. 

WISCONSIN  Identical  with  pars.  1640,  1641.    Laws  igoj, 

1646  ch.  J62,  sec.  iygy-4{d).  Laws  igoy,  ch.  4gg,  sec.  iygym-j4. 


405 


E.  FILING,  PUBLISHING  AND  POSTING 
OF  SCHEDULES  AS  A  CONDITION 
PRECEDENT  TO  THE  EXERCISE  OF 
THE  RIGHT  TO  DO  BUSINESS. 

UNITED  STATES  No  carrier  shall  engage  or  participate  in  the 
transportation  of  passengers  or  property  unless  the  rates,  fares 

1646  and  charges  upon  which  the  same  are  transported  by  said  carrier 
have  been  filed  and  published  in  accordance  with  the  provisions 
of  this  act.     Act  to  Regulate  Commerce,  sec.  6. 

Under  the  interstate  commerce  act  an  initial  carrier  which  has  become 
a  party  to  a  joint  through  rate  for  transportation  of  property  over  its  own 
and  connecting  lines  from  one  point  to  another  cannot  accept  goods  for 
shipment  between  the  same  points  via  other  lines  at  a  less  than  that  pub- 
lished rate.     United  States  vs.  Vacuum  Oil  Co.,  153  Fed.  5g8. 

ARIZONA,  CALIFORNIA 

No  common  carrier  shall  engage  or  participate 
in  the  transportation  of  persons  or  property  between  points  within 

1647  this  state  imtil  its  schedules  of  rates,  fares,  charges  and  classifi- 
cations shall  have  been  filed  and  published  in  accordance  with  the 
provisions  of  this  act.  Ariz. — Sess.  Laws  igi2,  ch.  go,  sec. 
iy{a){i);  Cat. — Stats,  igii,  ist.  ex.  sess.,  ch.  14,  sec.  i'/{a){i). 

INDIANA  It  is  hereby  declared  to  be  unlawful  for  any 

carrier  to  transport  any  passengers  or  property  between  points 

1648  in  this  state,  or  to  perform  any  other  service  as  a  common  carrier 
i    without  first  having  filed  with  commission,  a  schedule  of  the 

rates  which  it  proposes  to  charge  for  such  service.     Acts  igoy, 
ch.  241,  sec.  g{h). 

It  is  declared  to  be  imlawful  for  any  carrier  to  transport  any 
passenger  or  property  between  points  in  the  state  or  to  perform 
any  other  service  as  a  common  carrier  without  first  having  filed 
with  commission  a  schedule  of  the  rates  which  it  proposes  to 
charge  for  any  such  service;  provided  that  in  special  cases  where 
it  is  necessary  for  property  to  be  transported  or  other  service  as  a 
common  carrier  to  be  tendered  at  once  by  such  carriers,  and  no 
rates  for  the  transportation  of  the  same  or  such  other  service  are 
applicable  thereto  and  the  emergency  is  such  that  a  rate  therefor 

1649  cannot  be  published  and  filed  according  to  law,  commission  may, 
upon  the  request  of  any  interested  carrier  or  shipper  permit  the 
carrier  to  transport  such  property  or  tender  such  service  upon  a 
rate  or  rates  then  determined  by  commission,  or  in  its  discretion 
commission  may  permit  such  transportation  or  other  service,  the 

406 


rate  to  be  thereafter  reasonably  adjusted  by  the  shipper  and  car- 
rier subject  to  the  approval  of  commission;  provided  that  said 
carrier  shall  as  soon  as  possible  after  making  such  request  of  com- 
mission, file  with  it  the  schedule  of  rates  covering  the  future  trans- 
portation of  such  property  or  such  other  service  performed  as  a 
common  carrier.     Acts  igii,  ch.  22 j,  sec.  i{b). 

MARYLAND  No  common  carrier  shall  after  November  i, 

1 9 10,  engage  or  participate  in  the  transportation  of  passengers, 

1650  freight  or  property  between  points  within  the  state  imtil  its  sched- 
ules of  rates,  fares  and  charges  shall  have  been  filed  and  published 
in  accordance  with  the  provisions  of  this  act.  Laws  igio,  ch.  180, 
sec.  16. 

MICHIGAN  Identical  with  par.  1646.    Pub.  Acts  igii,  no. 

1661  ijg,  sec.  io(J). 

SOUTH  DAKOTA  Every  telephone  company  must  before  com- 
mencing to  charge,  collect  or  receive  any  rate  or  charge  for  the 
transmission  of  any  messages  or  for  any  service  in  connection 
therewith  or  for  the  rent  of  any  line  or  instrument  or  facility  of 
any  kind,  file  with  commission  a  full,  true  and  correct  schedule  or 
tariff  showing  every  such  rate  or  charge  and  a  correct  examined 
copy  verified  by  such  telephone  company,  its  officers  or  author- 
ized agents  of  every  franchise  and  license  granted  to  such  com- 
pany by  any  municipality  in  this  state  or  assigned  to  it  by  any 
grantee  thereof  and  still  remaining  in  force,  as  well  as  a  true,  full 

1662  and  correct  copy  of  any  contract  or  agreement  entered  into  by 
such  company  with  any  municipality,  telephone  company  or  com- 
panies within  20  days  after  the  granting  or  assignment  of  such 
franchise  or  license,  or  making  of  such  contract  or  agreement. 
Such  copies  shall  be  duly  certified  as  full,  true  and  correct  by  the 
president,  secretary  or  managing  agent  of  such  company.  Pro- 
vided that  all  filings  heretofore  made  with  the  board  of  telephone 
commissioners  as  required  by  chapter  239  of  the  Session  Laws  of 
1907  shall  in  so  far  as  they  meet  the  requirements  of  this  act  be 
deemed  as  filed  with  the  board  of  railroad  commissioners  at  the 
time  of  taking  effect  of  this  act.  Sess.  Laws  igog,  ch.  28g,  sec.  4, 
as  amended  by  Sess.  Laws  igu,  ch.  218,  sec.  2, 

See  also  par.  3i2g, 


407 


F.  PUBLICITY  OF  CHANGES  BY  UTILI- 
TIES  IN   RATES   AND   SCHEDULES. 

UNITED  STATES  No  change  shall  be  made  in  the  rates,  fares  and 
charges  or  joint  rates,  fares  and  charges  which  have  been  filed  and 
published  by  any  common  carrier  in  compliance  with  the  re- 
quirements of  this  section,  except  after  30  days'  notice  to  com- 
mission and  to  the  public  published  as  aforesaid,  which  shall 
plainly  state  the  changes  proposed  to  be  made  in  the  schedule 
then  in  force  and  the  time  when  the  changed  rates,  fares  or 
charges  will  go  into  effect;  and  the  proposed  changes  shall  be 

1653  shown  by  printing  new  schedules,  or  shall  be  plainly  indicated 
upon  the  schedules  in  force  at  the  time  and  kept  open  to  public 
inspection;  provided  that  commission  may,  in  its  discretion  and 
for  good  cause  shown,  allow  changes  upon  less  than  the  notice 
herein  specified,  or  modify  the  requirements  of  this  section  in 
respect  to  publishing,  posting  and  filing  of  tariffs,  either  in  par- 
ticular instances  or  by  a  general  order  applicable  to  special  or 
peculiar  circtimstances  or  conditions.  Act  to  Regulate  Commerce, 
sec.  6. 

ALABAMA  No  change  shall  be  made  by  any  common  car- 

rier in  the  rates,  fares  and  other  charges  or  joint  rates,  fares  and 
charges,  which  have  been  filed  and  published  by  it,  or  which 
are  in  force  at  the  time,  tmtil  the  proposed  changes  have  been  sub- 
mitted to  and  approved  by  an  order  of  commission.     After  such 

1664  approval  such  changes  shall,  before  the  same  shall  become  effec- 
tive, be  plainly  indicated  upon  existing  schedules  or  by  filing  and 
posting  new  schedules  for  a  period  of  ten  days  prior  to  the  time 
the  same  are  to  take  effect;  but  commission  may  prescribe  a 
shorter  period  within  which  such  changes  shall  take  effect. 
Code  igpy,  sec.  5525. 

"Whenever  a  change  has  been  made  and  approved  in  any 
existing  schedule  of  rates,  fares  and  charges,  or  joint  rates,  fares 
and  charges,  a  notice  shall  be  posted  by  the  common  carrier  in  a 
conspicuous  place  so  as  to  be  accessible  to  the  public  and  con- 

1666  veniently  inspected,  in  every  depot,  station  or  office  where  pas- 
sengers or  freight  are  received  for  transportation,  which  is  af- 
fected by  said  change  or  to  which  the  same  is  applicable,  stating 
the  changes  which  have  been  made  in  the  schedtde  on  file  and 
specifying  the  class  or  commodity  affected,  the  change  made, 
and  the  date  when  such  change  shall  take  affect.  Same,  sec.  $$26, 
See  also  par,  8g6. 

4Q8 


ARIZONA,  CALIFORNIA 

Unless  commission  otherwise  orders  no  change 
shall  be  made  by  any  public  service  corporation^  in  any  rate,  fare, 
toll,  rental,  charge  or  classification,  or  in  any  rule,  regulation 
or  contract  relating  to  or  affecting  any  rate,  toll,  fare,  rental, 
charge,  classification  or  service,  or  in  any  privilege  or  facility, 
except  after  30  days'  notice  to  commission  and  to  the  public 
as  herein  provided.  Such  notice  shall  be  given  by  filing  with 
commission  and  keeping  open  for  public  inspection  new  schedules 
stating  plainly  the  change  or  changes  to  be  made  in  the  schedule 
or  schedules  then  in  force,  and  the  time  when  the  change  or 
changes  will  go  into  effect.  Commission  for  good  cause  shown 
1666  may  allow  changes  without  requiring  the  30  days'  notice  herein 
provided  for,  by  an  order  specifying  the  changes  so  to  be  made 
and  the  time  when  they  shall  take  effect,  and  the  manner  in 
which  they  shall  be  filed  and  published.  When  any  change  is 
proposed  in  any  rate,  fare,  toll,  rental,  charge  or  classification 
or  in  any  form  of  contract  or  agreement  or  in  any  rule,  regula- 
tion or  contract  relating  to  or  affecting  any  rate,  toll,  fare,  rental, 
charge,  classification  or  service,  or  in  any  privilege  or  facility, 
attention  shall  be  directed  to  such  change  on  the  schedule  filed 
with  commission  by  some  character  to  be  designated  by  commis- 
sion, immediately  preceding  or  following  the  item.  Ariz. — Sess. 
Laws  igi2,  ch.  go,  sec.  15;  Cat. — Stats,  igiiy  ist.  ex.  sess.,  ch. 
14,  sec.  15. 

COLORADO  No  change  shall  be  made  in  the  rates,  fares 

and  charges,  or  joint  rates,  fares  and  charges,  which  have  been 
filed  and  published  by  any  common  carrier  in  compliance  with 
the  requirements  of  this  act  except  after  30  days'  notice  to 
commission  and  to  the  public  published  as  aforesaid,  which 
shall  plainly  state  the  changes  proposed  to  be  made  in  the 

1657  schedule  then  in  force  and  the  time  when  the  changed  rates, 
fares  or  charges  will  go  into  effect;  provided  that  commission 
may  in  its  discretion  and  for  good  cause  shown,  allow  changes 
upon  less  than  the  notice  herein  specified,  or  modify  the  require- 
ments of  this  act  in  respect  to  publishing,  posting  and  filing 
of  tariffs  either  in  particular  instances  or  by  a  general  order 
applicable  to  special  or  peculiar  circtmistances  or  conditions. 
Laws  igio,  sp.  sess.,  ch.  5,  sec.  y. 

ILLINOIS  No  change  in  any  schedule  of  rates  or  charges, 

or  classification  shall  become  effective  until  it  has  been  filed  with 

»  "Public  utility,"  in  California. 

409 


commission,  and  until  after  five  days  shall  have  elapsed  between 

1658  the  date  of  filing  and  the  time  when  such  rates  are  to  become 
effective  if  the  rates  are  to  be  reduced,  and  30  days  if  the  rates 
are  to  be  advanced;  provided,  commission  may,  in  its  discretion 
and  for  good  cause  shown,  allow  changes  upon  less  than  the  notice 
herein  specified.     Revisal  iQog,  ch.  114,  sec.  370. 

INDIANA  No  change  shall  be  made  in  any  schedules  or 

tariffs  after  the  same  have  been  filed,  or  in  any  classification  of 
freight,  except  upon  ten  days'  notice  to  commission,  and  all  such 
changes  shall  be  plainly  indicated  upon  the  schedule  so  filed  or  by 
filing  new  schedules  in  lieu  thereof,  ten  days  prior  to  the  time 
same  are  to  become  effective;  provided,  commission  upon  appli- 

1659  cation  by  any  carrier,  may  prescribe  a  less  time  within  which  a 
reduction  in  any  such  rate  may  be  made.  Copies  of  all  such 
new  schedules  so  changing  rates  shall  be  filed  in  every  depot  at 
least  two  days  before  the  same  go  into  effect.  All  schedules  of 
rates  and  all  rules  and  regulations  for  the  transportation  of 
passengers  and  property  which  shall  be  adopted  by  commission, 
or  which  shall  be  ordered  observed  by  any  court,  shall  also  be 
filed  in  such  depots  as  herein  directed.     Acts  igii,  ch.  225,  sec.  i. 

IOWA  No  advance  shall  be  made  in  the  rates,  fares 

and  charges  which  have  been  established  and  published  by  any 
common  carrier,  except  after  ten  days'  public  notice,  which  shall 
plainly  state  the  changes  proposed  to  be  made  in  the  schedule 
then  in  force  at  the  time  and  kept  for  public  inspection.     Re- 

1660  duction  in  such  published  rates,  fares  or  charges  may  be  made 
without  previous  public  notice,  but  when  made,  notice  thereof 
shall  be  immediately  and  publicly  posted,  and  such  changes 
made  public  by  printing  new  schedules,  or  to  be  plainly  indica- 
ted, upon  the  schedules  at  the  time  in  force  and  kept  for  public 
inspection.     Code  iSgy,  sec.  2128. 

KANSAS  Whenever  any  common  carrier  or  public  utility 

shall  desire  to  make  any  change  in  any  rate,  joint  rate,  toll, 
charge  or  classification  or  schedule  of  charges,  or  in  any  rule  or 
regulation  or  practice  pertaining  to  the  service  or  rates  of  any 
such  public  utility  or  common  carrier,  such  public  utility  or 
common  carrier  shall  file  with  commission  a  schedule  showing 
the  changes  desired  to  be  made  and  put  in  force  by  such  public 
utility  or  common  carrier,  and  such  changes  shall  be  plainly 
indicated  by  proper  reference  marks  in  amendments  or  supple- 

1661  ments  to  existing  tariffs,  schedules  or  classifications,  or  in  new 

410 


issues  thereof.  No  change  shall  be  made  in  any  rate,  toll,  charge 
or  classification  or  schedule  of  charges,  joint  rates,  or  in  any  rule 
or  regulation  or  practice  pertaining  to  the  service  of  rates  of  any 
public  utility  or  common  carrier,  without  the  consent  of  commis- 
sion and  within  30  days  after  such  changes  have  been  authorized 
by  commission,  then  copies  of  all  tariffs,  schedules  and  classi- 
fications, and  all  rules  and  regulations, -shall  be  filed  in  every 
station,  office  or  depot  of  every  public  utility  and  every  common 
carrier  in  this  state,  for  public  inspection.  Laws  igii,  ch.  2j8, 
sec.  20.  A 

MARYLAND  Unless    commission    otherwise    orders,    no 

change  shall  be  made  in  any  rate,  fare  or  charge,  or  joint  rate» 
fare  or  charge,  which  shall  have  been  filed  and  published  by  a 
common  carrier  in  compliance  with  the  requirements  of  this  act, 
except  after  30  days'  notice  to  commission  and  publication  for 
30  days,  as  required  by  section  25  of  this  act,  which  shall  plainly 
state  the  changes  proposed  to  be  made  in  the  schedule  then  in 
force,  and  the  time  when  the  changed  rate,  fare  or  charge  will  go 

1662  into  effect ;  and  all  proposed  changes  shall  be  shown  by  printing, 
filing  and  publishing  new  schedules,  or  shall  be  plainly  indicated 
upon  the  schedules  in  force  at  the  time  and  kept  open  to  public 
inspection.  Commission,  for  good  cause  shown,  may  allow 
changes  in  rates  without  requiring  the  30  days'  notice  and  pub- 
lication herein  provided  for,  by  duly  filing  and  publishing  in  such 
manner  as  it  may  direct,  an  order  specifying  the  change  so  made 
and  the  time  when  it  shall  take  effect;  all  such  changes  shall  be 
immediately  indicated  upon  its  schedules  by  the  common  carrier. 
Laws  igiOy  ch.  180,  sec.  15. 

MICHIGAN  No  change  shall  be  made  in  the  schedule  of 

rates,  fares  or  charges  or  joint  rates,  fares  or  charges  which  have 
been  filed  and  published  by  common  carriers  in  compliance  with 
the  requirements  of  this  section,  except  after  ten  days'  notice  to 
commission  and  to  the  public  published  as  aforesaid,  which  shall 
plainly  state  the  changes  proposed  to  be  made  in  the  schedule 
of  rates,  fares  or  charges  or  joint  rates,  fares  or  charges,  then  in 
force  and  the  time  when  such  changed  rates,  fares  or  charges  or 
joint  rates,  fares  or  charges  will  go  into  effect,  and  no  such  rates, 
fares  or  charges  or  joint  rates,  fares  or  charges  shall  be  discon- 
tinued except  after  giving  such  notice  as  is  required  for  changing 

1663  rates,  fares  or  charges  or  joint  rates,  fares  or  charges;  and  the 
proposed  changes  in  such  rates,  fares,  or  charges  or  joint  rates, 

411 


fares  or  charges  shall  be  shown  by  printing  and  filing  new  tariffs 
thereto  or  by  showing  such  changes  or  discontinuance  by  issuing 
and  filing  of  supplements  in  the  regular  manner  now  provided 
and  keeping  same  open  to  public  inspection;  provided,  that 
commission  may,  in  its  discretion  and  for  good  cause  shown, 
allow  changes  upon  less  time  than  the  notice  herein  specified,  or 
modify  the  requirements  in  this  section  in  respect  to  publishing, 
posting  and  filing  of  tariffs,  either  in  particular  instances  or  by  a 
general  order  applicable  to  special  or  peculiar  circumstances  or 
conditions.  Puh.  Acts  igii,  no.  i^g.^ec.  io{b). 
See  also  par.  q4^. 

MINNESOTA  No  change  in  the  classification  shall  be  made, 

and  no  change  shall  be  made  in  the  rates,  fares  and  charges,  which 
have  been  established  and  published  by  any  common  carrier,  in 
compliance  with  section  2012,  except  after  ten  days'  public  notice, 
which  shall  plainly  state  the  changes  proposed  to  be  made  in  the 
schedules  then  in  force,  and  the  time  when  the  changed 
schedules  will  go  into  effect;  and  the  proposed  changes  shall  be 
shown  by  printing  new  schedtiles,  or  shall  be  plainly  indicated 

i66i  upon  the  schedules  in  force  at  the  time  and  kept  for  public 
inspection.  And  no  change  shall  be  made  in  any  schedule  of 
rates  or  schedule  of  joint  rates  which  has  been  in  effect  for  60 
days,  so  as  to  raise  the  rates  for  transportation  of  grain,  limiber, 
coal  or  live  stock  by  change  of  rates  or  of  classification,  except 
upon  the  written  order  of  commission  allowing  such  change, 
made  upon  hearing  and  such  notice  to  shippers  as  commission 
shall  direct.  Any  company  violating  any  provision  of  this  section 
shall  forfeit  to  the  state  $100  for  each  day  such  violation  shall 
continue.     Rev.  Laws  1905,  sec.  2013. 

All  common  carriers  shall,  whenever  any  new  tariff  or  classi- 
fication or  any  amendment  to  any  tariff  or  classification  is  pub- 
lished either  by  itself  or  commission,  post  in  a  conspicuous  place 

1666  in  every  depot  where  the  public  would  be  affected,  a  notice  printed 
in  large  type  stating  that  changes  have  been  made,  indicating 
upon  what  articles  or  commodities  and  where  the  new  tariff 
classification  or  amendment  may  be  seen.  Acts  igo^y  ch.  ij6, 
sec.  2. 

MISSOURI  No  railroad  company  shall  advance  its  rates 

for  carrying  freight  without  having  first  given  at  least  20  days' 

1666  notice  of  such  change,  by  posting  the  schedule  to  which  it  is 
proposed  to  change  the  rates  in  at  least  three  conspicuous  places 

412 


on  each  of  the  freight  and  passenger  depots  belonging  to  the 
company  proposing  the  change.    Rev.  Stats,  igog,  sec.  3133. 

Any  person  or  company  operating  a  railroad  in  the  state 
who  shall  fail  to  comply  with  the  provisions  of  the  preceding 
section  shall  for  each  offense  forfeit  $500  to  the  nse  of  the  common 
school  fund  of  the  cotmty,  to  be  collected  by  civil  action  in  the 

1667  circuit  court  of  any  county  through  which  the  road  belonging  to 
such  person  or  company  may  run;  such  suit  may  be  instituted  by 
any  person  injured  by  such  violation,  or  by  the  prosecuting 
attorney  of  the  county  where  the  suit  is  brought.     Same,  sec. 

3134- 

No  advance  shall  be  made  in  the  rates,  fares  and  charges 
which  have  been  established  and  published  by  any  common 
carrier  in  compliance  with  the  requirements  of  law,  except  after 
ten  days'  notice  which  shall  plainly  state  the  changes  proposed 
to  be  made  in  the  schedule  then  in  force,  and  the  time  when  the 
increased  rates,  fares  and  charges  will  go  into  effect;  and  the  pro- 
posed changes  shall  be  plainly  indicated  upon  the  schedules  in 
force  at  the  time,  and  kept  for  public  inspection  in  like  manner 
as  herein  provided.     Reductions  in  such  published  rates,  fares 

1668  and  charges  may  be  made  without  previous  public  notice,  but 
whenever  any  such  reduction  is  made,  notice  of  the  same  shall 
be  immediately  publicly  posted,  and  the  changes  made  shall  be 
immediately  plainly  indicated  upon  the  schedules  in  force  at  the 
time  and  kept  for  public  inspection,  and  copies  of  the  schedules 
containing  such  changes  shall  be  forthwith  filed  with  commission. 
Such  changed  schediiles  shall  become  the  established  schedules 
from  the  date  of  such  public  notice  imtil  changed  as  herein  pro- 
vided for  changing  schedules  of  rates,  fares  and  charges.  Same, 
sec.  318'/. 

NEVADA  No  change  shall  be  made  in  any  schedule,  in- 

cluding schedule  of  joint  rates,  or  in  any  classification,  except 
upon  30  days'  notice  to  commission,  and  all  such  changes  shall 
be  plainly  indicated  upon  existing  schedules,  or  by  filing  new 
schedules  in  lieu  thereof  30  days  prior  to  the  time  the  same  are 

1669  to  take  effect ;  provided  commission  upon  application  of  any  rail- 
road, may  prescribe  a  less  time  within  which  a  reduction  may  be 
made.  Copies  of  all  new  schedules  shall  be  filed  in  every  depot, 
station  and  office  of  such  railroad  ten  days  prior  to  the  time  the 
same  are  to  take  effect,  unless  commission  shall  prescribe  a  less 
time.     Stats,  igoj,  ch.  44,  sec.  4(a). 

Whenever  a  change  is  made  in  any  existing  schedule  in- 

413 


eluding  schedule  of  joint  rates,  a  notice  shall  be  posted  by  the 
i«70  railroad  in  a  conspicuous  place  in  every  depot,  station  and  office 
stating  that  changes  have  been  made  in  the  schedule  on  file, 
specif  jdng  the  class  or  commodity  affected  and  the  date  when  the 
same  will  take  effect.  Same,  sec.  4(b). 
See  also  par.  g8i. 

NEW  HAMPSHIRE  Unless  commission  otherwise  orders,  no  change 
shall  be  made  in  any  rate,  fare,  charge  or  price,  which  shall  have 
been  filed  and  published  by  a  railroad  corporation  or  public  utility 

1671  in  compliance  with  the  requirements  of  this  section  except  after 
30  days'  notice  to  commission  and  such  notice  to  the  public  as 
commission  within  ten  days  after  receipt  of  the  notice  aforesaid 
shall  direct.     Laws  igii,  ch.  164,  sec.'/{h). 

NEW  MEXICO  Unless  commission  otherwise  orders  no  change 

shall  be  made  in  any  classification,  rate,  fare,  charge,  rule  or  reg- 
ulation which  shall  have  been  filed  and  pubhshed  by  such  company 
or  common  carrier  in  compliance  with  the  preceding  section,  ex- 
cept after  30  days'  notice  to  commission  and  to  the  public  pub- 
hshed as  aforesaid,  which  shall  plainly  state  the  changes  proposed 

1672  to  be  made  in  the  schedule  then  in  force,  and  the  time  when  the 
changed  rate,  classification,  fare  or  charge  will  go  into  effect;  and 
all  proposed  changes  shall  be  shown  by  printing,  filing  and  pub- 
lishing new  schedules  or  shall  be  plainly  indicated  upon  the 
schedules  in  force  at  the  time  and  kept  open  to  public  inspection. 
Commission,  for  good  cause  shown,  may  by  order  allow  changes 
in  rates  without  requiring  the  30  days'  notice  and  the  publi- 
cation herein  provided  for.     Laws  1Q12,  ch.  ^8,  sec.  77. 

NEW  YORK  A  provision  for  common  carriers  identical  with 

1673  par.  1662.    Laws  igio,  ch.  480,  sec.  2g. 

Unless  commission  otherwise  orders,  no  change  shall  be 
made  in  any  rate  or  charge,  or  in  any  form  or  contract  or  agree- 
ment or  a"ny  rule  or  regulation  relating  to  any  rate,  charge  or 
service,  or  in  any  general  privilege  or  facility,  which  shall  have 
been  filed  and  published  by  a  gas  or  electrical  corporation  in 
compliance  with  an  order  of  commission,  except  after  30  days' 
notice  to  commission  and  pubUcation  for  30  days  as  required  by 
1S74  order  of  commission,  which  shall  plainly  state  the  changes  pro- 
posed to  be  made  in  the  schedule  then  in  force  and  the  time 
when  the  change  will  go  into  effect.  Commission  for  good  cause 
shown  may  allow  changes  without  requiring  the  30  days'  notice 
under  such  conditions  as  it  may  prescribe.     Commission  shall 

414 


also  have  power  to  establish  such  rules  and  regulations  to  carry 
into  effect  the  provisions  of  this  subdivision  as  it  may  deem 
necessary,  and  to  modify  or  amend  such  rules  or  regulations 
from  time  to  time.     Same,  sec.  66(12). 

Unless  commission  otherwise  orders  no  change  shall  be  made 
in  any  rate,  charge  or  rental,  or  joint  rate,  charge  or  rental  which 
shall  have  been  filed  by  a  telegraph  or  telephone  corporation 
in  compliance  with  the  requirements  of  this  chapter,  except  after 
30  days'  notice  to  commission,  which  notice  shall  plainly  state 
the  changes  proposed  to  be  made  in  the  schedule  then  in  force 
and  the  time  when  the  changed  rate,  charge  or  rental  shall  go 
1676  into  effect;  and  all  proposed  changes  shall  be  shown  by  filing  new 
schedules  or  shall  be  plainly  indicated  upon  the  schedules  filed 
and  in  force  at  the  time  and  kept  open  to  public  inspection. 
Commission,  for  good  cause  shown,  may  allow  changes  in  rates, 
charges  or  rentals  without  requiring  the  30  days'  notice,  under 
such  conditions  as  it  may  prescribe;  all  such  changes  shall  be 
immediately  indicated  upon  its  schedules  by  such  telegraph  or 
telephone  corporation.     Same,  sec.  Q2{2). 

NORTH  DAKOTA  No  advance  shall  be  made  in  the  rates,  fares 
and  charges  which  have  been  established  and  published  by  any 
railroad,  railroad  corporation  or  common  carrier  in  compliance 
with  the  requirements  of  this  article,  except  after  ten  days'  no- 
tice in  writing  to  commission,  which  shall  plainly  state  the 
changes  proposed  to  be  made  in  the  schedules  then  in  force  and 
the  time  when  the  increased  rates,  fares  or  charges  will  go  into 
effect;  and  the  proposed  changes  shall  be  shown  by  printing  new 

1676  schedules,  or  shall  be  plainly  indicated  upon  the  schedules  in 
force  at  the  time  and  kept  for  public  inspection.  Reduction  in 
such  published  rates,  fares  or  charges  may  be  made  without 
previous  notice,  but  whenever  any  such  reduction  is  made,  notice 
of  the  same  shall  immediately  be  publicly  posted,  and  the  change 
made  shall  immediately  be  made  public  by  printing  new  sched- 
ules, or  shall  immediately  be  plainly  indicated  upon  the  sched- 
ules at  the  time  in  force  and  kept  for  public  inspection.  Rev. 
Codes  1905,  sec.  4340. 

OHIO  No  change  shall  be  made  in  any  schedule, 

including  schedule  of  joint  rates,  or  in  any  classification,  except 
upon  ten  days'  notice  to  commission.  All  such  changes  shall  be 
plainly  indicated  upon  existing  schedules,  or' by  filing  new  sched- 

1677  ules  ten  days  prior  to  the  time  they  are  to  take  effect,  but  com- 

415 


mission,  upon  application  of  any  railroad,  may  prescribe  a  less 
time  within  which  a  reduction  may  be  made.  Copies  of  all  new 
schedules  shall  be  filed  in  every  depot,  station  and  office  of  such 
railroad  ten  days  prior  to  the  time  they  are  to  take  effect,  unless 
commission  shall  prescribe  a  less  time.    Code  igio,  sec.  508. 

When  a  change  is  made  in  an  existing  schedule  including 
schedules  of  joint  rates,  the  railroad  shall  post  a  notice  in  a  con- 

1678  spicuous  place  in  every  depot,  station  and  office  stating  that 
changes  have  been  made  in  the  schedules  on  file,  specifying  the 
class  or  commodity  affected  and  the  date  when  such  changes 
will  take  effect.     Samey  sec.  ^og. 

Unless  otherwise  ordered  by  commission,  no  change  shall 
be  made  in  any  rate,  joint  rate,  toll,  classification,  charge  or 
rental  in  force  at  the  time  this  act  takes  effect,  or  as  shown  upon 
the  schedules  which  shall  have  been  filed  by  a  public  utility  in 
compliance  with  the  requirements  of  this  act,  or  by  order  of  com- 
mission, except  after  30  days'  notice  to  commission,  which  notice 

1679  shall  plainly  state  the  changes  proposed  to  be  made  in  the  sched- 
ule then  in  force,  and  the  time  when  the  change,  rate,  charge, 
toll,  classification  or  rental  shall  go  into  effect;  and  all  proposed 
changes  shall  be  plainly  indicated  upon  existing  schedules,  or  by 
filing  new  schedules  30  days  prior  to  the  time  they  are  to  take 
effect,  but  commission  may  prescribe  a  less  time  when  they 
may  take  effect.     Laws  igii,  no.  325,  sec.  22. 

See  also  par.  1002. 

OREGON  Provisions  for  railroads  substantially  identical 

1680  with  pars.  1677,  1678.    Gen.  Laws  igoy,  ch.  53,  sees.  14,  75. 

No  changeshall  be  made  in  any  schedule,  including  schedules 
of  joint  rates,  except  upon  ten  days'  notice  to  commission,  and 
all  such  changes  shall  be  plainly  indicated  upon  existing  schedules, 

1681  or  by  filing  new  schedules  in  lieu  thereof  ten  days  prior  to  the 
time  the  same  are  to  take  effect;  provided,  that  commission  upon 
application  of  any  public  utility,  may  prescribe  a  less  time  within 
which  a  reduction  may  be  made.  Gen.  Laws  igii, .  ch.  2yg, 
sec.  2g. 

Copies  of  all  new  schedules  shall  be  filed  in  every  station  and 

office  of  such  public  utility  where  pa5mients  are  made  by  con- 

I68S  sumers  or  users  ten  days  prior  to  the  time  the  same  are  to  take 

effect,  unless  commission  shall  prescribe  a  less  time.  .  Same, 

sec.  JO. 

See  also  par.  1012. 

416 


RHODE  ISLAND  No  change  shall  be  made  in  the  rates,  tolls  and 
charges  which  have  been  filed  and  published  by  any  public 
utility,  in  compliance  with  the  requirements  of  this  section, 
except  after  30  days'  notice  to  commission  and  the  public  pub- 
lished as  aforesaid,  which  shall  plainly  state  the  changes  proposed 
to  be  made  in  the  schedule  then  in  force  and  the  time  when  the 

1683  changed  rates,  tolls  or  charges  will  go  into  effect;  provided,  that 
.   commission  may  in  its  discretion  and  for  good  cause  shown,  allow 

changes  within  less  time  than  required  by  the  notice  herein  speci- 
fied, or  modify  the  requirements  of  this  section  in  respect  to 
filing  and  publishing  tariffs  either  in  particular  instances  or  by 
a  general  order  applicable  to  special  or  particular  circumstances 
or  conditions.     Acts  igi2,  ch.  yg^,  sec.  48. 

SOUTH  DAKOTA  No  advance  shall  be  made  in  the  rates,  fares 
and  charges  or  in  joint  rates,  fares  and  charges,  which  have  been 
established  and  published  by  any  common  carrier,  or  established 
or  ordered  into  effect  at  the  time  this  act  shall  take  effect  by 
commission  in  compliance  with  the  requirements  of  this  section, 
except  after  30  days'  notice  to  commission  and  the  public,  which 
shall  plainly  state  the  changes  proposed  to  be  made  in  the  sched- 
ules then  in  force,  and  the  time  when  the  increased  rates,  fares 
or  charges  are  desired,  and  the  proposed  changes  shall  be  shown 
by  printing  new  schedules,  or  shall  be  plainly  indicated  upon  the 

1684  schedules  in  force  at  the  time  and  kept  for  public  inspection . 
Commission  may  suspend  the  proceedings  of  such  application 
for  90  days  after  the  date  fixed  for  the  first  hearing,  and  no  change 
shall  go  into  effect  until  allowed  by  commission.  Reduction  in 
such  published  rates,  fares  or  charges  may  be  made  without 
previous  public  notice,  but  whenever  any  such  reduction  is  made 
immediate  notice  of  the  same  shall  be  given  to  commission  and 
the  public  posted  and  published  as  aforesaid,  and  the  changes 
made  shall  immediately  be  made  public  by  printing  new  sched- 
ules, or  shall  immediately  be  plainly  indicated  upon  the  schedules 
at  the  time  in  force  and  kept  for  public  inspection.  Sess. 
Laws  igii,  ch.  207,  sec.  10. 

Every  telephone  company  shall  file  with  commission  a  copy 
of  all  proposed  changes  in  any  schedule  of  rates  or  charges,  at 

1685  least  30  days  before  the  same  shall  take  effect.  Sess.  Laws  igog, 
ch.  28g,  sec.  6,  as  amended  by  Sess.  Laws  igii,  ch.  218,  sec.  4. 

No  rate  or  charge  for  the  transmission  of  any  message  or  for 
any  other  service  in  connection  with  any  telephone  line  or  ex- 

1686  change  shall  be  increased  without  the  written  consent  of  commis- 

417 


sion  entered  in  the  journal  of  its  proceedings;  provided,  that  all 
terminal  fees  for  incoming  or  outgoing  toll  messages  shall  be  uni- 
form.^    Same. 

VERMONT  The  rates,  tariffs  and  charges  scheduled   and 

kept  in  offices  shall  not  be  increased,  unless  notice  of  the  proposed 
increase  is  filed  with  commission  and  in  such  offices  at  least  30 

1687  days  prior  to  the  time  such  increase  is  to  take  effect.  But  com- 
mission may,  for  good  cause  shown,  modify  the  requirements  of 
this  section  in  particular  instances,  or  by  a  general  order  applica- 
ble to  special  circimistances  or  conditions.  Puh.  Stats.  igo6, 
as  amended,  sec.  4533. 

No  change  shall  be  made  in  any  schedules,  including  sched- 
ules of  joint  rates,  or  in  any  rules  or  regulations,  except  upon 
ten  days'  notice  to  commission;  and  all  such  changes  shall  be 
plainly  indicated  upon  existing  schediiles,  or  by  filing  new  sched- 

1688  ules  in  lieu  thereof  ten  days  prior  to  the  time  the  same  are  to 
take  effect;  provided,  that  commission  upon  application  of  any 
company  subject  to  the  provisions  of  this  act,  may  prescribe  a 
shorter  time  within  which  such  reduction  or  change  may  be 
made.     Laws  igo8,  no.  116,  sec.  18. 

VIRGINIA  No  advance  shall  be  made  in  the  rates,  fares 

and  charges  which  have  been  established  and  published,  until  the 
same  are  submitted  to  and  approved  by  commission,  and  when 
so  advanced  ten  days'  public  notice  thereof  shall  be  given,  which 

1689  shall  plainly  state  the  changes  made  in  the  schedule  then  in  force, 
and  the  time  when  the  increased  rates  and  fares  and  charges  will 
go  into  effect;  and  the  proposed  changes  shall  be  shown  by  print- 
ing new  schedules,  or  shall  be  plainly  indicated  upon  the  sched- 
ules in  force  at  the  time,  and  kept  open  to  public  inspection. 
Pollard's  Code  1904,  sec.  i2Q4c{6). 

WASHINGTON  Unless  commission  otherwise  orders  no  change 

shall  be  made  in  any  classification,  rate,  fare,  charge,  rule  or 
regulation  which  shall  have  been  filed  and  published  by  a  common 
carrier  in  compliance  with  the  preceding  section,  except  after  30 
days'  notice  to  commission  and  to  the  public,  which  shall  plainly 
state  the  changes  proposed  to  be  made  in  the  schedule  then  in 
force,  and  the  time  when  the  changed  rate,  classification,  fare  or 
charge  will  go  into  effect;  and  all  proposed  changes  shall  be  shown 

»It  is  further  provided  that  the  maximum  charge  on  each  incoming  or  outgoing  toll 
message  shall  not  exceed  five  cents  for  any  message  originating  or  terminating  in  South 
Dakota,  unless  otherwise  ordered  by  commission.  Sess.  Laws  1909,  ch.  289,  sec.  0,  as 
amended  by  Sess.  Lawi  1911,  ch.  218,  sec.  4* 

418 


by  printing,  filing  and  publishing  new  schedules  or  shall  be  plainly 

1690  indicated  upon  the  schedules  in  force  at  the  time  and  kept  open 
to  public  inspection.  Commission,  for  good  cause  shown,  may  by 
order  allow  changes  in  rates  without  requiring  the  30  days' 
notice  and  the  publication  herein  provided  for.  When  'any 
change  is  made  in  any  rate,  fare,  charge,  classification,  rule  or 
regulation,  the  effect  of  which  is  to  increase  any  rate,  fare  or 
charge  then  existing,  attention  shall  be  directed  to  such  increase 
by  some  character  on  the  copy  filed  with  commission  imme- 
diately preceding  or  following  the  item  in  such  schedule,  such 
character  to  be  designated  by  commission.  Laws  igii,  ch.  ii'j, 
sec.  15. 

Unless  commission  otherwise  orders,  no  change  shall  be 
made  in  any  rate  or  charge  or  in  any  form  of  contract  or  agree- 
ment or  in  any  rule  or  regulation  relating  to  any  rate,  charge  or 
service,  or  in  any  general  privilege  or  facility  which  shall  have 
been  filed  and  published  by  a  gas,  electrical  or  water  company 
in  compliance  with  the  requirements  of  the  preceding  section, 
except  after  30  days'  notice,  which  notice  shall  plainly  state  the 
changes  proposed  to  be  made  in  the  schedtde  then  in  force  and  the 
time  when  the  change  will  go  into  effect;  all  proposed  changes 
shall  be  shown  by  printing,  filing  and  publishing  new  schedules, 
or  shall  be  plainly  indicated  upon  the  schedules  in  force  at  the 
time  and  kept  open  to  public  inspection.     Commission  for  good 

1691  cause  shown,  may  allow  changes  without  requiring  the  30  days' 
notice  by  duly  filing,  in  such  manner  as  it  may  direct,  an  order 
specifying  the  changes  so  to  be  made  and  the  time  when  they 
shall  take  effect.  All  such  changes  shall  be  immediately  in- 
dicated upon  its  schedules  by  the  company  affected.  When  any 
change  is  made  in  any  rate  or  charge,  form  of  contract  or  agree- 
ment, or  any  rule  or  regulation  relating  to  any  rate  or  charge 
or  service,  or  in  any  general  privilege  or  .facility,  the  effect  of 
which  is  to  increase  any  rate  or  charge  then  in  existence,  atten- 
tion shall  be  directed  on  the  copy  filed  with  commission  to  such 
increase  by  some  character  immediately  preceding  or  following 
the  item  in  such  schedule,  such  character  to  be  in  form  as  desig- 
nated by  commission.     Same,  sec.  28. 

Unless  commission  otherwise  orders,  no  change  shall  be 
made  in  any  rate,  toll,  rental,  contract  or  charge,  which  shall 
have  been  filed  and  published  by  any  telephone  or  telegraph 
company  in  compliance  with  the  requirements  of  the  preceding 
section,  except  after  30  days'  notice  to  commission  and  the  pub- 

419 


lication  for  30  dajrs  as  required  in  the  case  of  original  schedules 
in  the  preceding  section,  which  notice  shall  plainly  state  the 
changes  proposed  to  be  made  in  the  schedule  then  in  force,  and 
the  time  when  the  changed  rate,  toll,  contract  or  charge  will  go 
into  effect;  and  all  proposed  changes  shall  be  shown  by  printing, 
filing  and  publishing  new  schedules,  or  shall  be  plainly  indicated 

1692  upon  the  schedules  in  force  at  the  time  and  kept  open  to  public 
inspection.  Commission  for  good  cause  shown  may  allow  changes 
in  rates,  charges,  tolls,  rentals  or  contracts  without  requiring  the 
30  days'  notice  and  publication  herein  provided  for,  by  an  order 
specifying  the  change  so  to  be  made,  and  the  time  when  it  shall 
take  effect,  and  the  manner  in  which  the  same  shall  be  filed  and 
published.  When  any  change  is  made  in  any  rate,  toll,  contract, 
rental  or  charge,  the  effect  of  which  is  to  increase  any  rate,  toll, 
rental  or  charge  then  existing,  attention  shall  be  directed  on  the 
copy  filed  with  commission  to  such  increase  by  some  character 
immediately  preceding  or  following  the  item  in  such  schedule, 
which  character  shall  be  in  such  form  as  commission  may  des- 
ignate.    Same,  sec.  37. 

Unless  commission  otherwise  orders,  no  change  will  be  made 
in  any  rate  or  charge  or  in  any  form  of  contract  or  agreement  or 
in  any  rule  or  regulation  relating  to  any  rate,  charge  or  service,  or 
in  any  general  privilege  or  facility  which  shall  have  been  filed  and 
published  by  the  wharfinger  or  warehouseman  in  compliance 
with  the  requirements  of  the  preceding  section,  except  by  30 
days'  notice  to  commission  and  publication  for  30  days,  which 
schedule  shall  plainly  state  the  changes  to  be  made  in  the  sched- 

1693  ule  then  in  force  and  the  time  when  the  change  will  go  into  effect ; 
and  all  proposed  changes  shall  be  shown  by  printing,  filing  and 
publishing  new  schedules  or  shall  be  plainly  indicated  upon  the 
schedules  in  force  at  the  time  and  kept  open  to  the  public  in- 
spection. Commission  for  good  cause  shown  may  allow  changes 
without  requiring  the  30  days'  notice  by  duly  filing  in  such  man- 
ner as  it  may  direct  an  order  specifying  the  changes  so  to  be  made 
and  the  time  when  it  shall  take  effect;  all  such  changes  shall  be 
immediately  indicated  upon  its  schedule  by  the  warehouseman 
or  wharfinger  affected.     Same,  sec.  48. 

WISCONSIN  No  change  shall  be  made  in  any  schedule 

including  schedule  of  joint  rates,  or  in  any  classification,  unless 
such  change  shall  be  first  approved  by  commission,  and  all  such 
changes  shall  be  plainly  indicated  upon  existing  schedules,  or  by 
filing  new  schedules  in  lieu  thereof,  30  days  prior  to  the  time 

4^ 


1694  same  are  to  take  effect.  Copies  of  all  new  schedtiles  shall  be 
filed  in  every  depot,  station  and  office  of  such  railroad  at  places 
to  or  from  which  the  rates  in  such  schedules  apply,  30  days  prior 
to  the  time  the  same  are  to  take  effect,  unless  commission  shall 
prescribe  a  less  time.  Laws  1905,  ch.  362,  sec.  lygy-z^ia),  as 
amended  by  Laws  igop,  ch.  335  and  Laws  igii,  ch.  160. 

Whenever  a  change  is  made  in  any  existing  schedule,  in- 
cluding schediile  of  joint  rates,  a  notice  shall  be  posted  by  the 

1695  railroad  in  a  conspicuous  place  in  every  depot,  station  and  office, 
stating  that  changes  have  been  made  in  the  schedules  on  file, 
specifying  the  class  or  commodity  affected  and  the  date  when 
the  same  will  take  effect.     Laws  1905,  ch.  362,  sec.  lygy-^i})). 

All  railroads  to  which  an  order  applies  shall  make  such 
changes  in  their  schedule  on  file  as  may  be  necessary  to  make  the 

1696  same  conform  to  said  order,  and  no  change  shall  thereafter  be 
made  by  any  railroad  in  any  such  rates,  fares  or  charges,  or  in 
any  joint  rate  or  rates,  without  the  approval  of  commission. 
Same,  sec.  iygj-i4{b). 

1697  Also  provisions  for  public  utilities  identical  with  pars.  1681, 
1682.    Laws  igoy,  ch.  499,  sees.  lygym-ji,  iy9ym-'32. 

See  also  pars.  1045,  1054. 


G.     INFORMATION   AS   TO   SPECIFIC 
RATES. 

UNITED  STATES  If  any  common  carrier  after  written  request 
made  on  the  agent  of  such  carrier  hereinafter  referred  to  by  any 
person  or  company  for  a  written  statement  of  the  rate  or  charge 
applicable  to  a  described  shipment  between  stated  places  imder 
the  schedules  or  tariffs  to  which  such  carrier  is  a  party,  shall 
refuse  or  omit  to  give  such  written  statement  within  a  reasonable 
time  or  shall  misstate  in  writing  the  applicable  rate,  and  if  the 
person  or  company  making  such  request  suffers  damage  in  con- 

1698  sequence  of  such  refusal  or  omission  or  in  consequence  of  the  mis- 
statement of  the  rate,  either  through  making  the  shipment  over 
a  line  or  route  for  which  the  proper  rate  is  higher  than  over 
another  available  line  or  route  or  through  entering  into  any  sale 
or  other  contract  whereunder  such  person  or  company  obligates 
himself  or  itself  to  make  such  shipment  of  freight  at  his  or  its 
cost,  then  the  said  carrier  shall  be  liable  to  a  penalty  of  $250, 
which  shall  accrue  to  the  United  States  and  may  be  recovered  in 

421 


1699 


a  civil  action  brought  by  the  United  States.  Act  to  Regulate 
Commerce,^  sec.  6. 

Every  carrier  by  railroad  shall  keep  at  all  times  conspicu- 
ously posted  in  every  station  where  freight  is  received  for  trans- 
portation the  name  of  an  agent  resident  in  the  city,  village  or 
town  where  such  station  is  located  to  whom  application  may  be 
made  for  the  information  by  this  section  required  to  be  furnished 
on  written  request;  and  in  case  any  carrier  shall  fail  at  any  time 
to  have  such  name  so  posted  in  any  station  it  shaU  be  sufficient 
to  address  such  request  in  substantially  the  following  form:  "The 

Station  Agent  of  the Company  at ■ 

Station"  together  with  the  name  of  the  proper  post  office,  in- 
serting the  name  of  the  carrier  company  and  of  the  station  in  the 
blanks,  and  to  serve  the  same  by  depositing  the  request  so 
addressed  with  the  postage  thereon  prepaid  in  any  post  office. 
Same. 


ARIZONA,  CALIFORNIA 

A  notice  printed  in  bold  type  and  stating  that 
the  schedules  are  on  file  with  the  agent  and  open  to  inspection 
by    any   person  and  that  the  agent  will  assist  any  person  to 

1700  determine  from  such  schedules  any  rates,  fares,  rules  or  regu- 
lations in  force,  shall  be  kept  posted  by  the  carrier  in  two  public 
and  conspicuous  places  in  every  station  or  office.  Ariz. — Sess. 
Laws  igi2y  ch.  go,  sec.  i4{a);  Cal. — Stats,  igii,  ist.  ex.  sess. ,  ch. 
I4y  sec.  14(a). 

ILLINOIS  Every  express  company  and  carrier  by  express 

shall  post  and  keep  displayed  in  each  office  or  place  of  business 
of  such  express  company  or  carrier  by  express  within  convenient 
access  and  for  the  inspection  and  use  of  the  public  during  cus- 
tomary business  hours,  a  printed  notice  stating  that  the  agent 

1701  will  assist  any  shipper  to  determine  from  the  schedule  on  file  any 
rate  or  fare  or  rule  in  force;  and  every  such  express  company  or 
carrier  by  express  shall  quote  rates  that  are  lawfully  in  effect 
under  such  schedules  in  writing  when  requested  and  to  be  re- 
sponsible for  the  correctness  of  the  same.  Revisal  igog,  ch.  114, 
sec.  j/o. 

INDIANA  Every   common    carrier  doing  an  intrastate 

business  within  the  state  upon  written  request  therefor  by  any 
person  who  is  a  bona  fide  prospective  shipper  or  receiver  of 
freight  or  who  has  a  bona  fide  interest  therein  made  upon  any 

1702  general  or  local  freight  or  station  agent  of  such  carrier  by  any 

422 


person,  firm  or  corporation  shall  furnish  and  give  a  written  state- 
ment of  the  rate  or  charge  applicable  to  a  described  shipment 
between  stated  points  or  places  in  the  state  under  the  schedules 
or  tariffs  to  which  such  carrier  is  a  party  within  a  reasonable 
time.     Acts  igii,  ch.  184,  sec.  i. 

If  such  carrier  shall  refuse  or  omit  to  give  such  statement 
within  a  reasonable  time  or  shall  misstate  in  writing  the  appli- 
cable rate  and  if  the  person,  firm  or  corporation  making  such  re- 
quest suffers  in  consequence  of  such  refusal  or  omission  or  in 
consequence  of  the  misstatement  of  the  rate  either  through  mak- 
ing the  shipment  over  a  line  or  route  for  which  the  proper  rate  is 
higher  than  the  rate  over  another  available  line  or  route  or 
through  entering  into  any  sale,  purchase  or  contract  whereunder 

1703  such  person,  firm  or  corporation  obligates  himself,  themselves  or 
itself  or  becomes  obligated  to  make  or  receive  such  shipment  of 
freight  at  his,  their  or  its  cost,  then  the  said  carrier  shall  be  liable 
to  a  penalty  of  not  less  than  $100  nor  more  than  $250  which  shall 
accrue  to  the  state  and  be  recovered  together  with  the  reasonable 
attorneys'  fees  in  a  civil  action  by  commission,  and  shall  also  be 
liable  to  the  person,  firm  or  corporation  injured  for  the  amount 
of  such  injury  together  with  six  per  cent,  interest  thereon  from 
the  date  of  such  injury,  and  reasonable  attorneys'  fees.     Same. 

No  such  liability  shall  be  discharged  by  such  carrier  unless 
the  same  be  approved  by  commission  as  being  free  from  any 
attempt  or  purpose  to  evade  any  other  law  of  the  state;  and  if 
during  the  cotirse  of  any  action  upon  such  liability  to  the  person 
injured  it  shall  appear  to  the  satisfaction  of  the  coiirt  or  jury 

1704  trying  any  such  case  that  the  parties  have  combined  or  agreed 
to  obtain  or  allow  any  imdue  advantage  or  rebate  or  preference 
to  such  injiu-ed  person,  upon  a  finding  to  that  effect,  such  case 
shall  be  dismissed  and  the  dismissal  and  finding  reported  by  said 
court  to  commission  and  to  the  proper  prosecuting  attorney 
having  jurisdiction  of  any  offense  therein  involved.     Same. 

Such  dismissal  shall  be  taken  and  deemed  a  final  judgment 
1706  and  appeal  may  be  taken  therefrom  or  from  any  other  judgment 
in  any  such  case  the  same  as  in  other  civil  cases.     Same,  sec.  2. 

No  carrier  making  any  settlement  or  payment  upon  the 

approval  of  commission  or  pursuant  to  a  judgment  or  order  of 

1706  court  imder  these  provisions  shall  be  liable  for  any  penalty  or 

forfeiture  or  subject  to  any  prosecution  under  any  law  of  the 

state  on  account  of  the  said  payment  or  settlement.     Same,  sec.  3. 

Commission  may  require  from  any  person,  firm  or  corpora- 

423 


tion  any  information  deemed  by  commission  necessary  to  the 
determination  of  the  question  whether  it  shall  give  its  approval 
to  any  such  claim,  and  if  the  same  be  refused  by  the  injured 

1707  person,  may  decline  said  claim,  and  it  shall  not  be  sued  upon 
thereafter;  if  such  information  be  refused  or  request  therefor 
evaded  or  the  search  for  information  by  commission  be  made 
difficult  by  the  carrier,  commission  shall  endorse  such  fact  on  said 
claim  and  it  shall  thereafter  support  an  action  as  if  approved  by 
commission.     Same,  sec.  4. 

NEW  YORK  A  notice  printed  in  bold  type  and  stating  that 

the  schedules  are  on  file  with  the  agent  and  open  to  inspection 
by  any  person  and  that  the  agent  will  assist  any  such  person  to 

1708  determine  from  such  schedule  any  transportation  rates  or  fares 
or  rules  or  regulations  which  are  in  force,  shall  be  kept  posted 
by  the  carrier  in  two  public  and  conspicuous  places  in  every 
station  or  office.     Laws  igio,  ch.  480,  sec.  28. 

VERMONT  The  agent  or  other  employe  on  duty  in  the 

office  shall  give  any  assistance  desired  in  securing  information 

1709  from  or  in  interpreting  the  schedules  on  file.  Pub.  Stats.  igo6, 
sec,  4533. 

WASHINGTON  A  provision  identical  with  par.  1708.     Laws 

1710  1911,  ch.  iijy  sec.  14. 

A  notice  printed  in  bold  type  stating  that  the  schedules  are 
on  file  and  open  to  inspection  by  any  person,  the  places  where 
same  are  kept,  and  that  the  agent  will  assist  such  person  to  de- 

1711  termine  from  such  schedules  any  rate,  toll,  rental,  rule  or  regula- 
tion which  is  in  force,  shall  be  kept  posted  by  every  telephone 
and  telegraph  company  in  a  conspicuous  place  in  every  station  or 
office  of  such  company.     SamCy  sec.  36. 

H.     FILING   OF    LEASES,   CONTRACTS 
AND    ARRANGEMENTS. 

UNITED  STATES  Every  common  carrier  shall  file  with  com- 
mission   copies   of  all  contracts,  agreements  or  arrangements 

1712  with  other  common  carriers  in  relation  to  any  traffic  affected  by 
the  provisions  of  this  act  to  which  it  may  be  a  party.  Act  to 
Regulate  Commerce,  sec.  6. 

ALABAMA  Every  railroad  or  common  carrier  shall  file 

with  commission  within  the  time  to  be  fixed  by  commission  copies 
of  all  contracts  which  relate  to  the  transportation  of  persons  or 

424 


1713  property,  or  any  service  in  connection  therewith  made  or  entered 
into  by  it  with  any  other  railroad,  car  company  or  equipment 
company,  express  or  transportation  company.     Code  igoy,  sec. 

5529- 

Every  common  carrier  shall  file  with  commission,  within  30 
days  after  any  such  contract  or  agreement  shall  be  made,  sworn 
copies  of  every  contract,  agreement  or  arrangement  with  any 
other  common  carrier  or  railroad  corporation  and  of  every  spe- 
cial contract  or  agreement  made  with  any  shipper,  or  with  any 

1714  logging  or  lumber  road,  relating  in  any  way  to  the  transportation 
of  passengers,  freight  or  property,  and  shall  within  60  days  after 
the  passage  of  this  act,  file  with  commission  sworn  copies  of  all 
such  contracts,  agreements  or  arrangements  of  such  character  as 
had  been  executed  and  were  in  force  at  the  time  of  the  passage 
of  this  act.     Acts  igoy,  sp.  sess.,  no.  17,  sec.  8. 

See  also  par.  2ggg. 

ARKANSAS  See  par.  3004. 

ILLINOIS  Each  and  every  express  company  and  carrier 

by  express  shall  file  with  commission  certified  copies  of  all  con- 

1716  tracts  or  agreements  now  existing  or  hereafter  entered  into  by  or 
between  him  or  it  and  any  other  express  company  or  carrier  by 
express  or  any  railroad  company  or  carrier  by  water  operating 
within  the  state.     Revisal  igog,  ch.  114,  sec.  jyi. 

IOWA  A  provision  identical  with  par.  171 2.     Code 

1716  i8gy,  sec.  2128. 

KENTUCKY  Commission  shall  not  be  required  to  give  pub- 

licity to  any  contracts,  leases,  or  engagements  obtained  by  them 

1717  in  their  official  capacity,  if  the  interest  of  any  company  would 
thereby  be  injuriously  affected,  unless  in  the  judgment  of  com- 
mission the  public  interest  requires  it.    CarrolVs  Stats,  igog,  sec. 

831- 

MARYLAND  Every  common  carrier  shall  file  with  commis- 

sion sworn  copies  of  every  contract,  agreement  or  arrangement 

1718  with  any  other  common  carrier  or  common  carriers  relatiag  in 
any  way  to  the  transportation  of  passengers,  property  or  freight. 
Laws  igio,  ch.  180,  sec.  75. 

MASSACHUSETTS  Every  railroad  corporation  and  street  railway 
company  shall,  upon  request,  furnish  to  commission  copies  of 
all  leases,  contracts  and  agreements  for  transportation  with 
express  companies  or  otherwise  to  which  such  corporation  or 

425 


1719  company  is  a  party,  and  also  with  the  rates  for  transporting 
freight  and  passengers  upon  its  railroad  or  railway  and  other 
railroads  or  railways  with  which  its  business  is  connected.  Acts 
igo6,  ch.  463,  pt.  i,  sec.  ij. 

See  also  par.  341 1. 

MICHIGAN  Every  common  carrier  whenever  required  by 

commission  shall  within  a  time  to  be  fixed  by  commission,  de- 
liver to  commission  for  its  use,  copies  of  all  contracts  which 

1720  relate  to  the  transportation  of  persons  or  property  or  any  service 
in  connection  therewith  made  or  entered  into  by  it  with  any  other 
common  carrier  or  any  shipper  or  shippers,  producers  or  con- 
simiers  or  other  person  or  persons  doing  business  with  it.  Puh. 
Acts  igoQ,  no.  300,  sec.  2g{a). 

MINNESOTA  Every  company  shall  file  with  commission 

1721  copies  of  all  its  traffic  agreements  or  arrangements  with  other 
carriers.     Rev.  Laws  1905,  sec.  2014. 

MISSISSIPPI  Railroads,  express,  telegraph,  telephone  and 

sleeping  car  companies  shall  furnish  commission  with  copies  of  all 

1722  leases,  contracts  and  agreements  for  transportation  with  each 
other.     Code  igo6,  sec.  4848. 

See  also  par.  3013. 

MISSOURI  See  par.  14J7. 

NEVADA  Every  railroad,  whenever  required  by  com- 

mission, shall,  within  a  time  to  be  fixed  by  commission,  deliver  to 
commission  for  its  use  copies  of  all  contracts  which  relate  to  the 
transportation  of  persons  or  property,  or  any  service  in  connec- 

1723  tion  therewith  made  or  entered  into  by  it  with  any  other  railroad 
company,  terminal  company,  depot  company,  equipment  com- 
pany, car  company,  express  or  other  transportation  company, 
bridge  company,  or  any  shipper  or  shippers,  producers  or  con- 
simiers,  or  other  persons  doing  business  with  it.  Stats,  igoj^ 
ch.  44,  sec.  ip,  as  amended  by  Stats,  igog,  ch.  12 ij  sec.  8(b). 

NEW  YORK  A  provision  substantially  identical  with  par. 

1724  1 7 18.    Laws  igio,  ch.  480,  sec,  30(2). 

Every  telegraph  and  telephone  corporation  shall  file  with 
commission  as  and  when  required  by  it  a  copy  of  any  contract^ 
agreement  or  arrangement  in  writing  with  any  other  telegraph  or 
1726  telephone  corporation  or  with  any  other  corporation,  association 
or  person  relating  in  any  way  to  the  construction,  maintenance  or 
use  of  a  telegraph  or  telephone  line  or  service  by  or  rates  ^4 


charges  over  or  upon  any  such  telegraph  or  telephone  line.  Same, 
sec.  92  {i). 

NORTH  DAKOTA     A  provision  for  railroads, 'railroad  corporations 

1726  or  common  carriers  identical  with  par.  171 2.  Rev.  Codes  igoj, 
sec.  4342. 

OHIO  When  required  by  commission  and  within  a 

time  fixed  by  it,  each  railroad  shall  deliver  to  commission  for  its 
use  copies  of  all  contracts  which  relate  to  the  transportation  of 
persons  or  property  or  any  service  in  connection  therewith,  made 

1727  or  entered  into  by  such  railroad  with  any  other  railroad,  termi- 
nal, depot,  car  or  equipment  company,  express  or  other  trans- 
portation company,  or  any  shipper  or  shippers,  producers  or 
consumers  or  other  person  or  persons  doing  business  with  it. 
Code  iQio,  sec.  561. 

On  demand  of  commission,  each  railroad  shall  furnish  it 
copies  of  all  leases,   contracts  and  agreements  with  express, 

1728  sleeping  car,  freight  or  rolling  stock  companies,  or  other  com- 
panies doing  business  upon  or  in  connection  with  such  road. 
Same,  sec.  603. 

Every  public  utility  shall  file  with  commission  when  and  as 
required  by  it,  a  copy  of  any  contract,  agreement  or  arrangement, 

1729  in  writing,  with  any  other  public  utility  relating  in  any  way  to  the 
construction,  maintenance  or  use  of  its  plant  or  property,  or  any 
service,  rate  or  charge.     Laws  igii,  no.  325,  sec.  11. 

OREGON  Every  railroad,  whenever  required  by  commis- 

sion, shall,  within  a  time  to  be  fixed  by  commission,  deliver  to 
commission  for  its  use  copies  of  aU  contracts  which  relate  to  the 

1730  transportation  of  persons  or  property,  or  any  service  in  connec- 
tion therewith,  made  or  entered  into  by  it  with  any  other  rail- 
road, car  company,  equipment  company,  express  or  other  trans- 
portation company,  or  any  shipper  or  shippers,  or  other  person  or 
persons  doing  business  with  it.     Gen.  Laws  iQoy,  ch.  53,  sec.  44. 

PENNSYLVANIA  Every  common  carrier  shall,  on  request,  fur- 
nish to  commission  copies  of  aU  contracts  and  agreements,  leases, 

1731  or  other  engagements  entered  into  by  it  with  any  person  or  cor- 
poration.    Laws  igoy,  no.  250,  sec.  ig. 

Commission  shall  not  give  publicity  to  such  information, 

contracts,  agreements,  leases,  or  other  engagements,  if,  in  their 

\iz^  judgment,  the  public  interests  do  not  require  it,  or  the  welfare  and 

4^7 


prosperity  of  the  common  carriers  of  the  state  might  be  thereby 
affected.     Same. 


RHODE  ISLAND        See  pars.  3777,  3778. 

SOUTH  CAROLINA  See  par.  3019. 

SOUTH  DAKOTA      Identical  with  par.   171 2. 


Sess.  Laws  igiiy 


17S3  ch.  207 y  sec,  10. 

See  also  pars.  j6ii,  1652,  3129. 


VIRGINIA  Every  person  or  corporation  now  operating,  or 

that  may  hereafter  operate  a  railroad  in  this  state  imder  a  con- 

1784  tract  of  lease,  shall  have  the  same  filed  in  the  office  of  commission, 
within  30  days  after  the  contract  or  lease  is  executed;  or,  if  here- 
tofore made,  within  30  days  after  this  law  goes  into  effect.  Pol- 
lard's Code  1904,  sec.  I2g4d{^6). 

WASHINGTON  Every  common  carrier  shall  file  with  commis- 

sion copies  of  every  contract,  agreement  or  arrangement  with  any 

1735  other  common  carrier  or  common  carriers  relating  in  any  way  to 
the  transportation  of  persons  or  property.  Laws  igiiy  ch.  117^ 
sec.  16. 

1786  Also  a  provision  substantially  identical  with  par.  1725. 
SamCy  sec.  39. 

WISCONSIN  Identical  with  par.  1730.    Laws  190 j,  ch.  362, 

1787  sec.  1797-19,  as  amended  hy  Laws  1907,  ch.  582. 

See  also  par.  3788. 


4*8 


CHAPTER    VI 

Discrimination  in  Rates  and  Service 


SCOPE  NOTE 

This  chapter  includes  provisions  regulating  the  mak- 
ing of  rates  and  the  furnishing  of  service  in  practice. 
These  provisions  define  and  prohibit  unjust  discrimina- 
tion in  rates  and  service  and  indicate  the  kinds  of  special 
treatment  which  constitute  justifiable  discrimination.  The 
chapter  includes  also  grants  of  power  authorizing  com- 
missions to  determine  under  what  conditions  such  cir- 
cumstances exist  as  make  discrimination  justifiable. 
Provisions  involving  a  refusal  to  serve  because  of  race, 
business  or  profession  have  been  excluded.  For  general 
requirement  that  utilities  serve  all  applicants,  see  ch.  vii, 
on  service.  For  provisions  indicating  the  principles  to 
be  observed  in  determining  reasonable  rates,  see  ch.  iii, 
on  basis  of  rate  making.  For  provisions  authorizing 
commissions  to  regulate  or  prescribe  rates,  see  ch.  iv,  on 
establishment  and  change  of  rates.  For  provisions  re- 
quiring publicity  in  the  establishment  and  change  of 
rates,  see  ch.  v,  on  publicity  of  rates.  For  provisions 
regulating  service,  see  ch.  vii,  on  service.  For  provisions 
prescribing  general  procedure  to  be  followed  in  the  exer- 
cise of  commission  authority,  see  ch.  xiv,  on  commission 
procedure  and  practice.  For  provisions  prescribing  gen- 
eral rules  of  enforcement  and  judicial  review,  see  ch.  xv, 
on  enforcement.  For  general  statement  of  scope  and 
method,  see  introduction. 


429 


ANALYSIS 

I.    Unjust  Discrimination  Defined  and  Prohibited 

Pages 

A.  Charging  a  greater  or  less  compensation  to  one  person  than  to  another  for 

a  like  and  contemporaneous  service 431 

B.  Charging  rates  other  than  those  prescribed  by  law  or  specified  in  pub- 

lished schedules;  refunding,  remitting  or  rebating  any  portion  of  such 
rates;  or  extending  privileges  and  facilities  not  uniformly  open  to  all.  446 

C.  Charging  a  less  compensation  in  consideration  of  the  furnishing  by  util- 

ities of  any  part  of  the  facilities  incident  to  the  service 463 

D.  Charging  a  less  compensation  in  consideration  of  the  size  of  the  ship- 

ment or  the  extent  of  the  service 465 

E.  Charging  a  greater  compensation  for  a  shorter  than  for  a  longer  dis- 

tance service 466 

F.  Granting  to  any  person,  corporation,  locality  or  particular  description  of 

service  any  undue  or  unreasonable  preference  or  advantage,  or  sub- 
jecting the  same  to  any  undue  or  unreasonable  prejudice  or  dis- 
advantage   482 

G.  Assisting  or  permitting  patrons  to  secure  special  favors  or  advantages, 

or  rates  other  than  those  lawfully  established 492 

H.     Soliciting,  accepting  or  receiving  special  favors  or  advantages,  or  rates 

other  than  those  lawfully  established 494 

I.      General  duty  of  utilities  not  to  discriminate  as  to  charges  or  facilities. . .  503 

II.    Free  or  Reduced  Rate  or  Special  Service 

J.      General  prohibitions  against  offering,  granting,  soliciting  or  accepting 

free  or  reduced  rate  or  special  service,  with  exceptions  thereto 512 

K.  Special  prohibitions  against  offering,  granting,  soliciting  or  accepting 
free  or  reduced  rate  or  special.service  applicable  to  public  officials  or 
members  of  political  organizations,  with  exceptions  thereto 565 

L.     Publishing  and  filing  of  lists  of  persons  to  whom  free  or  reduced  rate  or 

special  service  has  been  granted 574 


430 


I.    UNJUST    DISCRIMINATION    DEFINED    AND 
PROHIBITED. 

A.  CHARGING  A  GREATER  OR  LESS  COM- 
PENSATION TO  ONE  PERSON  THAN  TO 
ANOTHER  FOR  A  LIKE  AND  CONTEMPO- 
RANEOUS SERVICE. 

UNITED  STATES  If  any  common  carrier  shall  directly  or  indi- 
rectly by  any  special  rate,  rebate,  drawback  or  other  device 
charge,  demand,  collect  or  receive  from  any  person  or  persons  a 
greater  or  less  compensation  for  any  service  rendered  or  to  be 
rendered  in  the  transportation  of  passengers  or  property  than  it 
charges,  demands,  collects  or  receives  from  any  other  person  or 

1738  persons  for  doing  for  him  or  them  a  like  and  contemporaneous 
service  in  the  transportation  of  a  like  kind  of  traffic  under  sub- 
stantially similar  circumstances  and  conditions,  such  common 
carrier  shall  be  deemed  guilty  of  unjust  discrimination  which  is 
prohibited  and  declared  to  be  tmlawful.  Act  to  Regulate  Com- 
merce, sec.  2. 

ALABAMA  If  any  railroad  or  other  common  carrier  or  any 

agent  or  officer  thereof  shall  directly  or  indirectly  or  by  special 
rate,  rebate,  drawback  or  by  means  of  false  billing,  false  classi- 
fication, false  weighing,  false  report  of  weights  or  by  any  device 
whatsoever  charge,  demand,  collect  or  receive  from  any  person, 
firm,  company  or  corporation  a  greater  or  less  compensation  for 
any  service  rendered  or  to  be  rendered  by  it  for  the  transportation 
of  persons  or  property  or  for  any  service  in  connection  therewith 

1739  than  that  prescribed  in  the  published  tariffs  or  than  it  charges, 
demands,  collects  or  receives  from  any  other  person,  firm,  com- 
pany or  corporation  for  a  like  service,  such  railroad  or  other 
common  carrier  so  doing  shall  be  deemed  guilty  of  imjust  dis- 
crimination which  is  prohibited  and  declared  to  be  unlawful, 
and  shall  forfeit  to  the  state  and  pay  into  the  state  treasury  not 
less  than  $ioo  nor  more  than  $io,ooo  for  each  offense.  Acts 
IQOQ,  sp.  sess.,  no.  201,  sec.  i  (8). 

ARKANSAS  It  shall  be  unlawful  for  any  person  or  corpora- 

tion engaged  alone  or  associated  with  others  in  the  transporta- 
tion of  passengers  or  property  by  railroad  as  freight  or  express 

431 


directly  or  indirectly  to  demand  or  receive  from  any  person,  firm, 
company  or  corporation  any  greater  or  less  rate  or  amount  of 

1740  compensation  than  is  demanded  or  received  from  any  other 
person,  firm,  company  or  corporation  for  substantially  similar 
and  contemporaneous  service,  or  to  allow  any  person,  firm,  com- 
pany or  corporation,  directly  or  indirectly,  any  rebate,  drawback 
or  other  advantage  in  any  form,  or  to  make  any  preference  in 
furnishing  cars  or  motive  power.    Kirby's  Digest  1904,  sec.  6804. 

COLORADO  If  any  common  carrier  shall  directly  or  indi- 

rectly by  any  special  rate,  rebate,  drawback  or  other  device 
charge,  demand,  collect  or  receive  from  any  person,  corporation 
or  persons  a  greater  or  less  compensation  for  any  service  rendered 
or  to  be  rendered  in  the  transportation  of  property  than  it 

1741  charges,  demands,  collects  or  receives  from  any  other  person, 
corporation  or  persons  for  doing  for  him  or  them  a  like  and  con- 
temporaneous service  in  the  transportation  of  a  like  kind  of 
traffic  under  similar  circumstances  and  conditions,  such  common 
carrier  shall  be  deemed  guilty  of  unjust  discrimination  which  is 
prohibited  and  declared  to  be  unlawful.  Laws  igio,  sp.  sess., 
ch.  5,  sec.  4. 


FLORIDA  If  any  common  carrier  or  any  officer,  agent  or 

employe  thereof  shall  directly  or  indirectly  by  any  special  rate, 
rebate,  drawback  or  other  device  charge,  demand,  collect  or 
receive  from  any  corporation,  person  or  persons  a  greater  or  less 
compensation  for  any  service  rendered  or  to  be  rendered  in  the 
transportation  of  passengers  or  property  than  such  common  car- 
rier charges,  demands,  collects  or  receives  from  any  other  corpo- 
ration, person  or  persons  for  doing  it  or  him  or  her  or  them  a  like 
and  contemporaneous  service  in  the  transportation  of  a  like  kind 

1742  of  traffic  under  substantially  similar  circumstances  and  condi- 
tions, such  common  carrier,  officer,  agent  or  employe  shall  be 
guilty  of  unjust  discrimination  which  is  prohibited  and  declared 
to  be  unlawfiil.  And  it  shall  be  -unlawful  for  any  corporation, 
person  or  persons  to  receive  any  simi  of  money,  rebate  or  other 
thing  of  value  directly  or  indirectly  that  is  prohibited  to  be 
given,  charged,  demanded,  collected  or  received  by  this  act. 
Laws  igoy,  ch.  5621,  sec.  i. 

Any  common  carrier  or  corporation  violating  any  provision 
or  provisions  of  section  one  of  this  act  shall,  upon  conviction 
thereof  by  a  court  of  competent  jurisdiction,  be  fined  not  less 
than  $1,000,  nor  more  than  $25,000,  and  any  officer,  agent  of 

432 


1743  employe  of  such  corporation,  or  any  other  person,  violating  the 
provisions  of  this  act,  shall,  upon  conviction  by  a  court  of  com- 
petent jurisdiction,  be  deemed  guilty  of  a  felony  and  confined 
in  the  state  prison  for  a  term  of  not  exceeding  five  years.  Same, 
sec.  2. 

INDIANA  If  any  railroad  directly  or  indirectly  or  by  any 

special  rate,  rebate,  drawback  or  other  device  shall  charge, 
demand,  collect  or  receive  from  any  person,  firm  or  corporation  a 
greater  or  less  compensation  for  any  service  rendered  or  to  be 
rendered  by  it  than  it  charges,  demands,  collects  or  receives 

1744  from  any  other  person,  firm  or  corporation  for  doing  a  like  and 
contemporaneous  service  in  the  transportation  of  a  like  kind  of 
traffic  under  substantially  similar  circumstances  and  conditions, 
such  railroad  shall  be  deemed  guilty  of  unjust  discrimination 
which  is  prohibited.     Act  igo^j,  ch.  241,  sec.  ij. 

Any  railroad  company  violating  any  provision  of  this  section 

shall  be  deemed  guilty  of  unjust  discrimination  and  shall  for  such 

1746  offense  pay  to  the  state  a  penalty  of  not  less  than  $500  nor  more 

than  $5,000,  to  be  recovered  in  a  civil  action  instituted  for  that 

purpose  in  a  court  of  competent  jiuisdiction.     Same,  sec  ij{d). 

IOWA  If  any  common  carrier  shall  directly  or  indi- 

rectly by  any  special  rate,  rebate,  drawback  or  other  device 
charge,  demand,  collect  or  receive  from  any  person  or  persons 
a  greater  or  less  compensation  for  any  service  rendered  or  to  be 
rendered  in  the  transportation  of  passengers  or  property  than  it 

1746  charges,  demands,  collects  or  receives  from  any  other  person  or 
persons  for  doing  for  him  a  like  kind  of  traffic,  such  common  car- 
rier shall  be  guilty  of  unjust  discrimination  which  is  prohibited 
and  declared  to  be  unlawful;  but  this  section  shall  not  be  con- 
strued as  prohibiting  a  less  rate  per  100  pounds  in  a  carload  lot 
than  is  charged,  collected  or  received  for  the  same  kind  of  freight 
in  less  than  a  carload  lot.     Code  i8py,  sec.  2124. 

KANSAS  No  railroad  company  shall  charge,  demand  or 

receive  from  any  person,  company  or  corporation  for  the  trans- 
portation of  any  property  or  for  any  other  service  a  greater  or 
less  sum  than  it  shall  at  the  same  time  charge,  demand  or  receive 
from  any  other  person,  company  or  corporation  for  a  like  service 
from  the  same  place  or  upon  like  conditions  and  imder  similar 

1747  circumstances;  and  all  concession  of  rates,  drawbacks  and  con- 
tracts for  special  rates  shall  be  open  to  and  allowed  all  persons, 
companies  and  corporations  alike;  nor  shall  it  charge  more  for 

433 


transporting  freight  from  any  point  on  its  line  than  a  fair  and 
just  proportion  of  the  price  it  charges  for  the  same  kind  of  freight 
transported  from  any  other  point.    Gen.  Stats,  igog,  sec.  7214. 
See  also  pars.  gi8,  18 15. 

KENTUCKY  All  railway,   transfer,   belt    lines  or  railway 

bridge  companies  shall  receive,  unload,  transport,  haul,  deliver 
and  handle  freight  of  the  same  class  for  all  persons,  associations 

1748  or  corporations  from  and  to  the  same  points  and  upon  the  same 
conditions  in  the  same  manner  for  the  same  charges  and  for  the 
same  method  of  payment.     Const.,  sec.  21  j. 

Any  person,  association  or  corporation  wilfully  or  knowingly 
violating  any  of  the  provisions  of  sections  213,  214,  215  or  216 
shall,  upon  conviction  by  a  court  of  competent  jurisdiction,  for 
the  first  offense  be  fined  $2,000;  for  the  second  offense  $5,000; 
and  for  the  third  offense  shall  thereupon  ipso  facto  forfeit  its 

1749  franchise,  privileges  or  charter  rights;  and  if  such  delinquent  be 
a  foreign  corporation  it  shall  ipso  facto  forfeit  its  rights  to  do 
business  in  this  state;  and  the  attorney  general  of  the  common- 
wealth shall  forthwith  upon  notice  of  the  violation  of  any  of 
said  provisions,  institute  proceedings  to  enforce  the  provisions 
of  the  aforesaid  sections.     Same,  sec.  21J. 

If  any  corporation  engaged  in  operating  a  railroad  shall 
directly  or  indirectly  by  any  special  rate,  rebate,  drawback  or 
other  device  charge,  demand,  collect  or  receive  from  any  person 
a  greater  or  less  compensation  for  any  service  rendered  in  the 

1760  transportation  of  passengers  or  property  than  it  charges,  de- 
mands, collects  or  receives  from  any  other  person  for  doing  for 
him  a  like  and  contemporaneous  service  in  the  transportation! 
of  a  like  kind  of  traffic,  it  shall  be  deemed  guilty  of  unjust| 
discrimination.     CarrolVs  Stats,  igog,  sec.  817. 

LOUISIANA  If  any  railroad,  express,  telephone,  telegraph,' 

steamboat  or  other  water  craft,  or  sleeping  car  company  di- 
rectly or  indirectly  or  by  any  special  rate,  rebate  or  other  devicej 
shall  intentionally  charge,  demand,  collect  or  receive  from  any 
person,  firm  or  corporation  a  greater  or  less  compensation  for 
any  service  rendered  by  it  than  it  charges,  demands  or  receives  j 
from  any  other  person,  firm  or  corporation  for  doing  a  like  andj 

1761  contemporaneous  service,  or  shall  violate  any  of  the  rates, 
charges,  orders,  rules  or  decisions  of  commission,  such  railroad, 
steamboat  or  other  water  craft,  express,  telegraph,  telephone  or 
sleeping  car  company  shall  forfeit  and  pay  to  the  state  not  lessj 

434 


than  $ioo  nor  more  than  $5,000,  to  be  recovered  before  any  court 
of  competent  jurisdiction  at  the  suit  of  the  state  at  the  domicile 
of  commission.     Const.,  art.  286. 

MARYLAND  No  common  carrier  shall  directly  or  indirectly 

by  any  special  rate,  rebate,  drawback  or  other  device  or  method 
charge,  demand,  collect  or  receive  from  any  person  or  corporation 
a  greater  or  less  compensation  for  any  service  rendered  or  to  be 

1762  rendered  in  the  transportation  of  passengers,  freight  or  property 
than  it  charges,  demands,  collects  or  receives  from  any  other 
person  or  corporation  for  doing  a  like  and  contemporaneous 
service  in  the  transportation  of  a  like  kind  of  traffic  under  the 
same  or  substantially  similar  circumstances  and  conditions. 
Laws  iQiOy  ch.  180,  sec.  16. 

Also  a  provision  for  gas  or  electrical  corporations  substan- 

1763  tially  identical  with  par.  1752.     Same,  sec.  j/J^. 

MASSACHUSETTS  A  telegraph  company  shall  receive,  com- 
pute and  transmit  dispatches  which  may  be  received  at  its 
offices  from  another  telegraph  company  or  by  mail  at  the  same 
rates  of  charge  as  for  dispatches  which  may  be  received  for 

1754  transmission  from  individuals  on  the  same  day  and  at  the  same 
place.  A  telegraph  company  which  wilfully  neglects  or  refuses  to 
comply  with  the  provisions  of  this  (or  the  preceding)  section 
shall  forfeit  not  more  than  $100  to  the  company  or  person  who 
sends  or  desires  to  send  the  dispatch.  Reo.  Laws  ipo2,  ch.  122, 
sec.  10. 

Every  railroad  corporation  shall  sell  to  an  express  mes- 
senger or  to  a  person  who  conducts  a  local  express  business  in  its 
trains  or  cars  a  season  ticket  for  his  personal  transportation  at  a 
price  not  exceeding  that  at  which  similar  tickets  are  sold  to  pas- 
sengers upon  receiving  from  him  a  release  of  all  right,  to  whom- 

1765  soever  accruing,  to  damages  or  compensation  for  death  or  for  any 
personal  injury  received  by  him  while  riding  on  such  ticket.  The 
supreme  judicial  court  or  the  superior  court  shall  have  jiirisdic- 
tion  to  enforce  the  provisions  of  this  section  by  injimction,  man- 
damus or  other  siiitable  process.  Acts  igo6,  ch.  46 j,  pt.  ii.  sec. 
189. 

MICHIGAN  If  any  common  carrier  or  any  agent  or  officer 

thereof  shall  directly  or  indirectly  by  any  special  rate,  rebate, 
drawback  or  by  any  means  of  false  billing,  false  classification, 

1766  false  weighing  or  by  any  other  device  whatsoever  charge,  de- 
mand, collect  or  receive  from  any  person,  firm  or  corporation  a 

435 


greater  or  less  compensation  for  any  service  rendered  or  to  be 
rendered  by  it  for  the  transportation  of  persons  or  property  or 
for  any  service  in  connection  therewith  than  that  prescribed  in 
the  public  tariffs  then  in  force,  or  established  as  provided  herein, 
or  than  it  charges,  demands,  collects  or  receives  from  any  other 
person,  firm  or  corporation  for  a  like  and  contemporaneous 
service  in  the  transportation  of  a  like  kind  of  traffic  under  sub- 
stantially similar  circumstances  and  conditions,  or  shall  know- 
ingly and  wilfully  assist  or  wilfully  suffer  and  permit  such  greater 
or  less  compensation  to  be  charged,  demanded,  collected  or  re- 
ceived, such  common  carrier  shall  be  deemed  guilty  of  imjust 
discrimination  which  is  prohibited  and  declared  to  be  unlawful. 
Pub.  Acts  iQog,  no.  300,  sec.  16. 

If  any  telephone  company  shall  directly  or  indirectly  by  spe- 
cial rate,  rebate,  drawback  or  other  device  charge,  demand,  col- 
lect or  receive  from  any  person  or  persons,  firm  or  corporation  a 
greater  or  less  compensation  for  any  service  rendered,  furnished 
or  performed  than  it  charges,  demands,  collects  or  receives  from 

1767  any  other  person  or  persons,  firm  or  corporation  for  rendering, 
ftimishing  or  performing  for  him  or  them  a  like  and  contempo- 
raneous service,  such  telephone  company  shall  be  gmlty  of  im- 
just discrimination  which  is  prohibited  and  declared  to  be  imlaw- 
ful.    Pub.  Acts  igii,  no.  ij8,  sec.  4. 

See  also  par.  1820. 

MINNESOTA  It  shall  be  unlawful  for  any  common  carrier 

by  any  special  rate,  rebate,  drawback  or  other  device  to  directly 
or  indirectly  charge,  demand,  collect  or  receive  from  any  person, 
firm  or  corporation  a  greater  or  less  compensation  for  any  service 

1768  rendered  in  the  transportation  of  any  property  within  the  state 
than  its  regular  established  schediile  of  rates  and  charges  for  like 
and  contemporaneous  service  for  any  other  person  or  for  the 
public  generally;  and  such  common  carrier  shall  be  deemed  guilty 
of  unjust  discrimination  and  shall  be  punished  by  a  fine  not 
exceeding  $5,000.     Acts  1905,  ch.  177,  sec.  i. 

MISSOURI  If  any  common  carrier  shall  directly  or  indi- 

rectly by  any  special  rate,  rebate,  drawback  or  other  device 
charge,  demand,  collect  or  receive  from  any  person  or  persons, 
firm  or  corporation  a  greater  or  less  compensation  for  any  service 
rendered  in  the  transportation  of  any  kind  of  property  upon 
such  railroad  within  the  state  than  it  charges,  demands,  collects 

1769  or  receives  from  any  other  person  or  persons,  firm  or  corporation 

436 


for  doing  for  him  or  them  a  like  service  in  the  transportation  of  a 
like  kind  of  property  tinder  substantially  like  circumstances  and 
conditions,  such  common  carrier  shall  be  deemed  guilty  of  un- 
just discrimination  which  is  prohibited  and  declared  to  be  unlaw- 
ful.    Rev.  Stats,  igop,  sec.  3180. 

NEBRASKA  No  railroad  company  shall  grant  or  allow  to 

any  person,  company  or  association,  upon  the  transportation  of 
freight  either  directly  or  indirectly,  any  secret  rate,  rebate,  draw- 
back, unreasonable  allowance  for  use  of  cars  or  any  imdue  advan- 
tage whatever,  nor  directly  or  indirectly  charge  to  or  receive 

1760  from  any  person  or  persons  or  association  or  corporation  any 
greater  or  less  stim,  compensation  or  reward  than  is  charged  to  or 
received  from  any  other  person  or  persons,  association  or  corpo- 
ration for  a  like  and  contemporaneous  service  in  the  receiving, 
transporting,  storing,  delivering  or  handling  of  freights.  Cohhey^s 
Annot.  Stats,  igog,  sec.  10560. 

If  any  railway  company  or  common  carrier  directly  or  indi- 
rectly through  or  by  its  agents,  officers  or  employes  by  any  spe- 
cial rate,  rebate,  drawback  or  other  device  shall  charge,  demand, 
»  collect  or  receive  from  any  person,  firm  or  corporation  a  greater 
or  less  compensation  for  any  service  rendered  or  to  be  rendered 

1761  by  it  than  it  charges,  demands,  collects  or  receives  from  any 

»  other  person,  firm  or  corporation  for  doing  a  like  and  contempo- 
raneous service,  the  same  shall  constitute  an  imjust  discrimina- 
tion which  is  forbidden  and  declared  to  be  imlawful.  Same, 
sec.  10662. 
Any  railway  company  or  common  carrier  violating  any  of 
the  provisions  of  this  section  shall  be  gtiilty  of  a  misdemeanor, 

1762  and  upon  conviction  thereof  shall  be  fined  not  less  than  $500,  nor 
more  than  $5,000  for  each  offense.     Same,  sec.  10662(d). 

Any  officer,  agent  or  employe  for  or  on  behalf  of  any  railway 
company  or  common  carrier  violating  any  of  the  provisions  of 
this  section  shall  be  guilty  of  a  misdemeanor,  and  upon  conviction 
thereof  shall  be  fined  a  sum  not  less  than  $100  nor  more  than 

1763  $5, 000  for  each  offense,  or  be  committed  to  the  county  jail  in  the 
county  wherein  conviction  was  had  for  not  less  than  ten  days 
nor  more  than  six  months,  or  both,  in  the  discretion  of  the 
court.     Same,  sec.  10662(e). 

It  shall  be  tinlawful  for  any  telegraph  company,  association 
or  organization  engaged  in  the  business  of  forwarding  dispatches 

1764  by  telegraph  to  demand,  collect  or  receive  from  any  publisher  or 
proprietor  of  a  newspaper  any  greater  sum  for  a  given  service  than 

437 


it  demands,  charges  or  collects  from  the  publisher  or  proprietor 
of  any  other  newspaper  for  a  like  service,  and  the  violation  of  the 
provisions  of  sections  seven  and  eight  of  this  act  by  any  tele- 
graph company  or  association  shall  constitute  a  misdemeanor,  and 
upon  conviction  said  telegraph  company  or  association  shall  be 
fined  for  each  and  every  offense  in  any  sum  not  less  than  $ioo 
nor  more  than  $1000  with  costs  of  prosecution,  and  in  addition 
thereto  such  telegraph  company  or  association  shall  be  liable  for 
all  damages  sustained  by  the  person  or  parties  in  consequence 
of  such  discrimination.     Same,  sec.  11957. 

NEVADA  If  any  railroad  or  any  agent  or  officer  thereof 

shall  directly  or  indirectly  by  any  special  rate,  rebate,  drawback 
or  by  means  of  false  billing,  false  classification,  false  weighing  or 
by  any  other  device  whatsoever  charge,  demand,  collect  or  receive 
from  any  person,  firm  or  corporation  a  greater  or  less  compensa- 
tion for  any  service  rendered  or  to  be  rendered  by  it  for  the  trans- 
portation of  persons  or  property  or  for  any  service  in  connection 
therewith  than  that  prescribed  in  the  published  tariffs  then  in 
force  or  established  as  provided  by  law,  or  than  it  charges,  de- 
nes mands,  collects  or  receives  from  any  other  person,  firm  or  corpo- 
ration for  a  like  and  contemporaneous  service  in  the  transportation 
of  a  like  kind  of  traffic  under  substantially  similar  circumstances 
and  conditions,  such  railroads  shall  be  deemed  guilty  of  unjust 
discrimination  which  is  prohibited  and  declared  to  be  imlawful, 
and  upon  conviction  thereof  shall  forfeit  and  pay  into  the  state 
treasury  not  less  than  $100  nor  more  than  $5,000  for  such  offense; 
and  any  agent  or  officer  so  offending  shall  be  deemed  guilty  of  a 
misdemeanor,  and  upon  conviction  thereof,  shall  be  punished 
by  a  fine  of  not  less  than  S50  nor  more  than  $1,000  for  each 
offense.    Stats,  igoy,  ch.  44,  sec.  22. 

NEW  YORK  Provisions  for  common  carriers  and  gas  or 

1766  electrical  corporations  identical  with  pars.  1752,  1753.  Laws 
1 910,  ch.  480,  sees,  ji,  6^(2). 

Also  a  provision  for  telegraph  or  telephone  corporations  sub- 

1767  stantially  identical  with  provisions  for  common  carriers  and  gas 
or  electrical  corporations.    Same,  sec.  91  {2). 

NORTH  CAROLINA  If  any  common  carrier  shall  directly  or  indi- 
rectly by  any  special  rate,  rebate,  drawback  or  other  device 
charge,  demand,  collect  or  receive  from  any  person  a  greater  or 
less  compensation  for  any  service  rendered  or  to  be  rendered  in 
the  transportation  of  passengers  or  property  than  it  charges,  4^ 

438 


1768  mands  or  collects  or  receives  from  any  other  person  or  persons  for 
doing  for  him  or  them  a  like  and  contemporaneous  service  in  the 
transportation  of  a  like  kind  of  traffic  tmder  substantially  similar 
circumstances  and  conditions,  such  person  or  corporation  shall 
be  upon  conviction  thereof  fined  not  less  than  $i,ooo  nor  more 
than  $5,000  for  each  and  every  offense.    Pell's  Revisal  igo8,  sec. 

3749- 

See  also  par.  184Q. 

NORTH  DAKOTA  Every  storage  company  or  warehouseman 
shall  receive,  forward  and  store  all  property  offered  for  such  pur- 
poses by  any  person,  persons  or  corporation  impartially  and  at 
as  low  a  rate  of  charge  and  in  a  manner  and  on  terms  and  in  quan- 
tities as  favorable  to  the  party  offering  such  property  as  it  or  he 
at  the  same  place  receives,  forwards  and  stores  in  the  ordinary 

1769  course  of  business,  property  of  like  description  and  in  similar 
quantities  offered  by  any  other  person,  persons  or  corporation. 
No  such  storage  company  or  warehouseman  shall  discriminate 
against  any  particular  person,  persons  or  corporation  or  subject 

I  them  or  him  to  any  undue  and  unreasonable  prejudice  or  disad- 
vantage. Any  court  having  jurisdiction  shall  have  power  to 
enforce  the  provisions  of  this  article  by  injunction,  or  other  smt- 
able  process.  Rev.  Codes  1905,  sec.  226y. 
Every  storage  company  or  warehouseman  who  neglects  or 
refuses  to  comply  with  the  provisions  of  section  2267  shall  forfeit 

1770  for  every  such  offense  not  less  than  $50  nor  more  than  S500  to  be 
recovered  in  an  action  by  the  party  offering  the  property  for 
storage.     Same,  sec.  2268. 

I  It  is  unlawful  for  any  ticket  selling  agent  authorized  and 

licensed  by  law  or  for  any  common  carrier  to  charge,  demand, 
collect,  receive  from  or  to  sell,  barter,  transfer  or  assign  to  any 
person  or  persons,  firm  or  company,  corporation  or  association 
any  tickets  of  any  class  whatever  entitling  the  purchaser  or 
holder  thereof  to  transportation  by  the  common  carrier  issuing 

1771  such  ticket  or  tickets  for  a  greater  or  less  sum  or  price  than  is 
charged,  demanded,  collected  or  received  by  any  such  ticket  sell- 
ing agent  or  common  carrier  for  a  similar  ticket  or  tickets  of  the 
same  class.  Any  person,  ticket  selling  agent  or  common  carrier 
who  shall  violate  the  provisions  of  this  section  shall  be  guilty  of 
a  misdemeanor  and  upon  conviction  thereof  shall  be  fined  in  a 
sum  not  exceeding  $1,000  for  each  offense.     Same,  sec.  4316. 

Also  a  provision  for  railroads,  railroad  corporations  or  com- 
177?  mon  carriers  substantially  identical  with  par.  1 746.  Same,  sec.  433^- 

439 


OHIO  If  a  railroad  or  an  agent  or  officer  thereof,  by 

special  rate,  rebate,  drawback  or  by  means  of  false  billing,  false 
classification,  false  weighing  or  other  device  shaU  charge,  demand, 
collect  or  receive  either  directly  or  indirectly  from  any  person, 
firm  or  corporation  a  greater  compensation  for  services  rendered 
or  to  be  rendered  by  it  for  the  transportation  of  persons  or  prop- 
erty or  any  service  in  connection  therewith  than  that  prescribed 

1773  in  the  published  tariffs  then  in  force  or  established  as  provided 
by  law,  or  a  greater  or  less  compensation  than  it  charges  de- 
mands, collects  or  receives  from  any  other  person,  firm  or  cor- 
poration for  a  like  and  contemporaneous  service  in  the  trans- 
portation of  a  like  kind  of  traffic  under  substantially  similar  cir- 
cumstances and  conditions,  it  shall  be  deemed  guilty  of  unjust 
discrimination  which  is  prohibited  and  declared  unlawful,  and 
upon  conviction  thereof  shall  forfeit  and  pay  into  the  state 
treasury  not  less  than  $ioo  nor  more  than  $5,000  for  each  offense. 
Code  igio,  sec.  564. 

Whoever  being  an  agent  or  officer  of  a  railroad  violates  an^ 

1774  provision  of  the  next  preceding  section  shall  be  fined  not  less 
than  $50  nor  more  than  $1,000  for  each  offense.    Same,  sec.  565, 

No  public  utility  shall  directly  or  indirectly  by  any  special 
rate,  rebate,  drawback  or  other  device  or  method,  charge,  de 
mand,  collect  or  receive  from  any  person,  firm  or  corporation 

1775  greater  or  less  compensation  for  any  services  rendered  or  to 
rendered  than  it  charges,  demands,  collects  or  receives  from  an] 
other  person,  firm  or  corporation  for  doing  a  like  and  contemp( 
raneous  service  tmder  the  same  or  substantially  the  same  cirj 
cumstances  and  conditions.     Laws  igii,  no.  325,  sec.  16. 

OREGON  If  any  railroad  or  any  agent  or  officer  there 

shall  directly  or  indirectly  by  any  special  rate,  rebate,  drawbac 
or  by  means  of  any  false  billing,  false  classification,  false  weigl 
ing  or  by  any  other  device  whatsoever  charge,  demand,  collec 
or  receive  from  any  persons,  firm  or  corporation  a  greater  or  les 
compensation  for  any  service  rendered  or  to  be  rendered  by  it  fc 
the  transportation  of  persons  or  property  or  for  any  service  ii 
connection  therewith  than  that  prescribed  in  the  publishe 
tariffs  then  in  force  or  established  as  provided  by  law  or  than  i| 
charges,  demands,  collects  or  receives  from  any  other  persot 
firm  or  corporation  for  a  like  and  contemporaneous  service  und€ 

1776  substantially  similar  circiimstances  and  conditions,  such  railrc 
shall  be  deemed  guilty  of  unjust  discrimination  which  is  pi 
hibited  and  declared  to  be  unlawful,  and  upon  conviction  the 

440 


shall  forfeit  and  pay  into  the  state  treasury  not  less  than  $ioo 
nor  more  than  $10,000  for  each  offense,  and  any  agent  or  officer 
so  offending  shall  be  deemed  guilty  of  a  misdemeanor  and  upon 
conviction  thereof  shall  be  punished  by  a  fine  of  not  less  than 
$100  nor  more  than  $1,000  for  each  offense;  provided  that  com- 
mission may,  for  cause  shown,  and  after  investigation,  in  special 
cases  permit  the  collection  of  a  greater  sum  for  the  lesser  than  for 
the  longer  distance  over  the  same  line.  Gen.  Laws  igoy,  ch.  53, 
sec.  48. 

If  any  public  utility  or  any  agent  or  officer  thereof  shall 
directly  or  indirectly  by  any  device  whatsoever  or  otherwise 
charge,  demand,  collect  or  receive  from  any  person,  firm  or 
corporation  a  greater  or  less  compensation  for  any  service  ren- 
dered or  to  be  rendered  by  it  in  or  affecting  or  relating  to  the 
transportation  of  persons  or  property  by  street  railroad  or  to 
the  production,  transmission  or  delivery  or  furnishing  of  heat, 
light,  water  or  power  or  the  conveyance  of  telegraph  or  telephone 
messages  or  for  any  service  in  connection  therewith  than  that 
prescribed  in  the  published  schedules  or  tariffs  then  in  force  or 
1777  established  as  provided  by  law,  or  than  it  charges,  demands,  col- 
lects or  receives  from  any  other  person,  firm  or  corporation  for  a 
like  and  contemporaneous  service  imder  substantially  similar 
circumstances,  such  public  utility  shall  be  deemed  guilty  of 
imjust  discrimination  which  is  prohibited  and  declared  to  be 
imlawful,  and  upon  conviction  thereof  shall  forfeit  and  pay  into 
the  state  treasury  not  less  than  $100  nor  more  than  $1,000  for 
each  offense;  and  such  agent  or  officer  so  offending  shall  be 
deemed  guilty  of  a  misdemeanor,  and  upon  conviction  thereof 
shall  be  punished  by  a  fine  of  not  less  than  $50  nor  more  than  $100 
for  each  offense.     Gen.  Laws  1911,  ch.  2jg,  sec.  6j. 

PENNSYLVANIA  No  railroad  company  or  other  common  carrier 
engaged  in  the  transportation  of  property  shall  charge,  demand 
or  receive  from  any  person,  company  or  corporation  for  the  trans- 
portation of  property  or  for  any  other  service  a  greater  sum  than 
it  shall  charge  or  receive  from  any  other  person,  company  or 
corporation  for  a  like  service  from  the  same  place  upon  like  con- 
ditions and  under  similar  circumstances;  and  all  concessions  in 
rates  and  drawbacks  shall  be  allowed  to  all  persons,  companies 
or  corporations  alike  for  such  transportation  and  service  upon 
like  conditions  imder  similar  circimistances  and  during  the  same 
period  of  time.  Nor  shall  any  such  railroad  company  or  common 
carrier  make  any  undue  or  unreasonable  discrimination  between 

441 


individuals  or  between  individuals  and  transportation  com- 
panies or  in  the  furnishing  of  facilities  for  transportation.  Any 
violation  of  this  provision  shall  make  the  offending  company  or 
common  carrier  liable  to  the  party  injured  for  damages  treble 
the  amount  of  injur}^  suffered.  Purdon's  Digest,  ^^ Railroads,'* 
sec.  2 JO. 

RHODE  ISLAND  If  any  public  utility  or  any  agent  or  officer  of 
a  public  utility  shall  directly  or  indirectly  by  any  device  whatso- 
ever or  otherwise  charge,  demand,  collect  or  receive  from  any 
person,  firm  or  corporation  a  greater  or  less  compensation  for 
any  service  rendered  or  to  be  rendered  by  it  in  or  affecting  or 
relating  to  the  transportation  of  persons  or  property  between 
points  within  the  state,  or  the  production,  transmission,  delivery 
or  furnishing  of  heat,  light,  water  or  power  or  the  conveyance  of 
telegraph  or  telephone  messages  or  for  any  service  in  connection 
therewith  than  that  prescribed  in  the  published  schedules  or 

1779  tariffs  then  in  force  or  established  as  provided  by  law  or  than  it 
charges,  demands,  collects  or  receives  from  any  other  person, 
firm  or  corporation  for  a  like  and  contemporaneous  service  imder 
substantially  similar  circumstances  and  conditions,  such  public 
utility  shall  be  deemed  guilty  of  unjust  discrimination  which  is 
prohibited  and  declared  to  be  unlawful,  and  upon  conviction 
thereof  shall  be  fined  not  less  than  $200  nor  more  than  $500  for 
each  offense;  and  such  agent  or  officer  so  offending  shall  be 
deemed  guilty  of  a  misdemeanor  and  upon  conviction  thereof 
shall  be  fined  not  less  than  $50  nor  more  than  $500  for  each 
offense.     Acts  igi2,  ch.  yg^,  sec.  jg. 


SOUTH  DAKOTA  No  railroad  corporation  shall  charge,  demand 
or  receive  from  any  person,  company  or  corporation  for  the 
transportation  of  coal  or  other  fuel  a  greater  simi  than  it  shall  at 
the  same  time  charge,  demand  or  receive  from  any  other  person, 
company  or  corporation  for  a  like  service  from  the  same  place  ;^ 

1780  and  all  concessions  of  rates,  rebates,  drawbacks  and  contracts! 
for  special  rates  shall  be  open  to  and  allowed  to  all  persons,  com- 
panies and  corporations,  and  they  shall  charge  no  more  for  trans-l 
porting  from  any  point  on  its  line  than  a  fair  and  just  proportionj 
of  the  prices  it  charges  for  the  same  kind  of  freight  transported! 
from  any  other  point  within  the  state.  Rev.  Pol.  Code  igoj^ 
sec,  475. 

If  any  common  carrier  shall  directly  or  indirectly  by  any| 
special  rate,  rebate,  drawback  or  other  device,  charge,  demand,^ 

442 


collect  or  receive  from  any  person  or  persons  a  greater  or  less 
compensation  for  any  service  rendered  or  to  be  rendered  in  the 
transportation  of  passengers,  property,  express,  freight  or  mes- 
sages by  telephone  than  it  charges,  demands,  collects  or  receives 

1781  from  any  other  person  or  persons  for  doing  him  or  them  a  like 
and  contemporaneous  service  in  the  transportation  of  a  like  kind 
of  traffic,  such  common  carrier  shall  be  deemed  guilty  of  unjust 
discrimination  which  is  prohibited  and  declared  to  be  unlawful; 
this  section,  however,  is  not  to  be  construed  as  prohibiting  a  less 
rate  per  loo  pounds  in  a  carload  lot  than  is  charged,  collected  or 
received  for  the  same  kind  of  freight  in  less  than  a  carload  lot. 
Sess.  Laws  iQii,  ch.  207,  sec.  6. 

TENNESSEE  If  any  common  carrier  shall  directly  or  indi- 

rectly by  any  special  rate,  rebate,  drawback  or  other  device 
charge,  demand,  collect  or  receive  from  any  person  or  persons, 
firm  or  corporation  a  greater  or  less  compensation  for  any  services 
rendered  in  the  transportation  of  any  kind  of  property  upon 
such  railroad  within  the  state  than  it  charges,  demands,  collects 

1782  or  receives  from  any  other  person  or  persons,  firms  or  corpora- 
tions for  doing  for  him  or  them  a  like  service  in  the  transportation 
of  a  like  kind  of  property  under  substantially  like  ciromistances 
and  conditions,  and  if  such  common  carriers  make  any  preference 
between  the  parties  aforesaid  in  furnishing  cars  or  motive  power 
for  the  purpose  aforesaid,  such  common  carrier  shall  be  deemed 
guilty  of  imjust  discrimination  which  is  prohibited  and  declared 
unlawful.     Acts  iSgy,  ch.  10,  sec.  15. 

TEXAS  If  any  railroad  directly  or  indirectly  or  by  any 

special  rate,  rebate,  drawback  or  other  device  shall  charge,  de- 
mand, collect  or  receive  from  any  person,  firm  or  corporation  a 
greater  or  less  compensation  for  any  service  rendered  or  to  be 

1783  rendered  by  it  than  it  charges,  demands,  collects  or  receives  from 
any  other  person,  firm  or  corporation  for  doing  a  like  and  con- 
temporaneous service,  such  railroad  shall  be  deemed  guilty  of 
unjust  discrimination  which  is  prohibited.  Sayles'  Civ.  Stats. 
iSgy,  art.  4574. 

Any  railroad  company  violating  any  provision  of  this  section 
shall  be  deemed  guilty  of  unjust  discrimination,  and  shall  for  each 

1784  offense  pay  to  the  state  a  penalty  of  not  less  than  $500  nor  more 
than  $5,000.     Same,  art.  4^74(4). 

If    any    officer,  agent,  clerk,  servant  or  employe  or  any 
receiver  or  his  servant,  agent  or  employe  of  any  railroad  com- 

443 


pany  shall  directly  or  indirectly  or  by  any  special  rate,  rebate, 
drawback  or  other  device  for  and  on  behalf  of  such  railroad  com- 
pany, knowingly  charge,  demand,  contract  for,  collect  or  receive 
from  any  person,  firm  or  corporation  a  greater  or  less  compensa- 
tion for  any  service  rendered  or  to  be  rendered  by  any  such  rail- 
1786  road  company,  than  such  railroad  company,  or  its  said  officers, 
agents,  clerks,  servants  or  employes  or  receiver  thereof,  charges, 
demands,  contracts  for,  collects  or  receives  from  any  such  person, 
firm  or  corporation  for  doing  a  like  and  contemporaneous  service, 
such  officer,  clerk,  servant  or  employe  or  receiver,  his  agents, 
servants  or  employes  of  such  railroad  company  shall  be  deemed 
guilty  of  unjust  discrimination  and  on  conviction  thereof  shall  be 
pimished  by  confinement  in  the  state  penitentiary  for  not  less 
than  two  nor  more  than  five  years.  Laws  i8gp,  ch.  ii8,  sec.  i. 
No  company  shall  directly  or  indirectly,  by  any  special  rate, 
rebate,  drawback  or  other  device  or  exchange,  demand,  charge 
or  collect  or  receive  from  any  person,  firm,  association  of  persons 
or  corporation,  a  greater  or  less  or  different  compensation  for  any 
service  rendered  or  to  be  rendered  in  the  transportation  of  pas- 
sengers, property  or  messages,  than  it  charges,  demands,  collects 

1786  or  receives  from  any  other  person,  firm,  association  of  persons  or 
corporation  for  doing  for  him,  them  or  it  a  like  service,  if  the 
transportation  or  transmission  is  a  like  kind  of  traffic  or  service 
tmder  substantially  similar  circumstances  and  conditions,  and 
any  such  company  violating  the  provisions  shall  be  deemed  guilty 
of  p.  misdemeanor,  and  for  each  offense  on  conviction  shall  pay 
into  the  state  a  penalty  of  $5,000.     Laws  1907,  ch.  42,  sec.  4. 

VIRGINIA  If  any  transportation  company  shall  directly 

or  indirectly  by  any  special  rate,  rebate,  drawback  or  other  device 
charge,  demand,  collect  or  receive  from  any  corporation,  person 
or  persons  a  greater  or  less  compensation  for  any  service  rendered 
or  to  be  rendered  in  the  transportation  of  passengers  or  property 
than  it  charges,  demands,  collects  or  receives  from  any  other 

1787  corporation,  person  or  persons  for  doing  for  him  or  them  a  like 
and  contemporaneous  service  in  the  transportation  of  a  like  kind 
of  traffic  tmder  substantially  similar  circumstances  and  condi- 
tions, such  company  shall  be  deemed  guilty  of  unjust  discrimina- 
tion which  is  prohibited  and  declared  to  be  imlawful.  Pollard's 
Code  1904,  sec.  12940(2). 

WASHINGTON  Provisions   for   common   carriers,    gas,   elec- 

1788  trical  or  water  companies,  telegraph  or  telephone  companies,  and 

444 


wharfingers  or  warehousemen  substantially  identical  with  par. 
1752,  1753-    Laws  igii,  ch.  iiy,  sees.  20,  31,  41,  51. 

"WISCONSIN  If  any  railroad  or  any  agent  or  officer  thereof 

shall  directly  or  indirectly  by  any  special  rate,  rebate,  drawback 
or  by  means  of  false  billing,  false  classification,  false  weighing  or 
any  other  device  whatsoever  charge,  demand,  collect  or  receive 
from  any  person,  firm  or  corporation  a  greater  or  less  compensa- 
tion for  any  service  rendered  or  to  be  rendered  by  it  for  the 
transportation  of  persons  or  property  or  for  any  service  in  con- 
nection therewith  than  that  prescribed  in  the  published  tariffs 

1789  then  in  force  or  established  as  provided  by  law  or  than  it  charges, 
demands,  collects  or  receives  from  any  other  person,  firm  or 
corporation  for  a  like  and  contemporaneous  service,  such  railroad 
shall  be  deemed  guilty  of  unjust  discrimination  which  is  pro- 
hibited and  declared  to  be  unlawful,  and  upon  conviction  thereof 
shall  forfeit  and  pay  into  the  state  treasury  not  less  than  $100 
nor  more  than  $10,000  for  each  offense;  and  any  agent  or  officer 
so  offending  shall  be  deemed  guilty  of  a  misdemeanor  and  upon 
conviction  thereof  shall  be  punished  by  a  fine  of  not  less  than  $50 
nor  more  than  $100  for  each  offense.  Laws  1905,  ch.  j62,  sec. 
iygy-22. 

If  any  public  utility  or  any  agent  or  officer  thereof  shall 
directly  or  indirectly  by  any  device  whatsoever  or  otherwise 
charge,  demand,  collect  or  receive  from  any  person,  firm  or  cor- 
poration a  greater  or  less  compensation  for  any  service  rendered 
or  to  be  rendered  by  it  in  or  affecting  or  relating  to  the  produc- 
tion, transmission,  delivery  or  furnishing  of  heat,  light,  water  or 
power  or  the  conveyance  of  telephone  messages  or  for  any 
service  in  connection  therewith  than  that  prescribed  in  the  pub- 
lished schedules  or  tariffs  then  in  force  or  established  as  pro- 

1790  vided  by  law  or  than  it  charges,  demands,  collects  or  receives 
from  any  other  person,  firm  or  corporation  for  a  like  and  con- 
temporaneous service,  such  public  utility  shall  be  deemed  guHty 
of  unjust  discrimination  which  is  prohibited  and  declared  to  be 
unlawful,  and  upon  conviction  thereof  shall  forfeit  and  pay  into 
the  state  treasury  not  less  than  $100  nor  more  than  $1,000  for 
each  offense;  and  such  agent  or  officer  so  offending  shall  be 
deemed  guilty  of  a  misdemeanor  and  upon  conviction  thereof 
shall  be  punished  by  a  fine  of  not  less  than  $50  nor  more  than 
$100  for  each  offense.     Laws  igoy,  ch.  499,  sec.  lygym-Sg. 


445 


B.  CHARGING  RATES  OTHER  THAN  THOSE 
PRESCRIBED  BY  LAW  OR  SPECIFIED  IN 
PUBLISHED  SCHEDULES;  REFUNDING,  RE- 
MITTING OR  REBATING  ANY  PORTION 
OF  SUCH  RATES;  OR  EXTENDING  PRIVI- 
LEGES AND  FACILITIES  NOT  UNIFORMLY 
OPEN  TO    ALL. 


UNITED  STATES  No  carrier  shall  charge,  demand  or  collect  or 
receive  a  greater  or  less  or  different  compensation  for  the  trans- 
portation of  passengers  or  property  or  for  any  service  in  connec- 
tion therewith  between  the  points  named  in  the  published  tariffs 
than  the  rates,  fares  and  charges  which  are  specified  in  the  tariff 

1791  filed  and  in  effect  at  the  time,  nor  shall  any  carrier  refund  or 
remit  in  any  manner  or  by  any  device  any  portion  of  the  rates, 
fares  and  charges  so  specified,  nor  extend  to  any  shipper  or  person 
any  privileges  or  facilities  in  the  transportation  of  passengers  or 
property  except  such  as  are  specified  in  such  tariffs.  Act  to  Regu- 
late Commerce,  sec.  6. 

It  shall  be  unlawful  for  any  common  carrier  that  has  issued 
or  authorized  to  be  issued  any  joint  interchangeable  mileage 
tickets  to  demand,  collect  or  receive  from  any  person  or  persons 

1792  a  greater  or  less  compensation  for  transportation  of  persons  or 
baggage  under  such  joint  interchangeable  mileage  tickets  than 
that  required  by  the  rate,  fare  or  charge  specified  in  the  copies  of 
the  joint  tariff  of  rates,  fares  or  charges  filed  with  commission 
in  force  at  the  time.     Same,  sec.  22. 

ALABAMA  No  railroad  company  shall  give  or  pay  any 

rebate  or  a  bonus  in  the  nature  thereof  directly  or  indirectly,  or 
do  any  act  to  mislead  or  deceive  the  public  as  to  the  real  rates 

1793  charged  or  received  for  freights  or  passage;  and  any  such  pay- 
ments shall  be  illegal  and  void,  and  these  prohibitions  shall  be 
enforced  by  suitable  penalties.    Const.,  sec.  245. 

Any  person  or  corporation  operating  a  railroad  who  makes; 
and  any  person  who  knowingly  accepts  a  lower  transportatioi 

1794  rate  for  person  or  freight  than  the  published  tariff  must  on  con- 
viction be  fined  not  less  than  $100  nor  more  than  $5,000.  Codi 
1907,  sec.  ydSg. 

It  shall  be  unlawful  for  any  common  carrier,  its  offi- 
cers, agents  or  employes  to   publish,    exact,    charge    or 

446 


ceive  any  higher  or  greater  rate  than  that^  prescribed  by  statute 

1795  or  than  that  which  has  been  made  the  maximum  rate  by  statute 
or  than  the  rate  prescribed  by  commission  for  the  transportation 
of  property  or  passengers,  or  to  refuse  to  receive  property  or  pas- 
sengers for  transportation  at  such  rates.  Acts  igog,  sp.  sess.,  no, 
ji,  sec.  i(i). 

Every  common  carrier  which  shall  violate  any  of  the  pro- 

1796  visions  of  this  act  .shall  forfeit  to  the  state  of  Alabama  a  sum 
not  exceeding  $ioo  for  each  offense,  to  be  determined  by  the 
court  or  judge  trying  the  case.    Same,  sec.  1(2). 

Each  exaction,  charge  or  receipt  of  a  fare  for  the  trans- 
portation of  a  passenger  or  of  the  rate  of  compensation  for  the 
transportation  of  property  in  excess  of  the  statutory  rate  or  fare 
or  the  rate  or  fare  established  by  commission,  and  each  refusal  to 

1797  receive  any  property  or  passenger  for  transportation  at  such 
rates  shall  be  a  separate  and  distinct  offense;  and  the  act  of  any 
officer  or  other  person  acting  within  the  scope  of  his  official  duties 
or  employment  in  exacting  or  charging  such  excess  rate  or  fare 
shall  be  in  every  case  and  be  deemed  to  be  the  act  of  such  com- 
mon carrier.     Same,  sec.  i{j). 

Every  officer,  agent  or  employe  of  such  common  carrier, 
who  shall  violate,  or  who  procures,  aids  or  abets  any  violation 

1798  of  the  provisions  of  this  act,  shall  be  guilty  of  a  misdemeanor 
and  upon  conviction  shall  be  fined  a  sum  not  exceeding  $100 
for  each  offense,  to  be  determined  by  the  court  or  judge  trying 
the  case.    Same,  sec.  1(4). 

A  civil  action  to  recover  the  forfeitures  provided  for  in  sec- 
tion (2)  of  this  act  may  be  brought  at  any  time  within  two 
years  from  the  date  the  offense  was  committed  or  forfeittues 
were  incurred  in  the  name  of  the  state  of  Alabama  in  any  court 

1799  of  competent  jurisdiction  in  any  county  in  which  the  carrier  is 
engaged  in  business.  In  such  action  any  number  of  forfeitiures 
incurred  up  to  the  time  of  commencing  the  same  and  not  pre- 
viously recovered,  or  separate  suits  may  be  brought  for  each 
penalty  or  forfeiture,  and  the  commencement  of  an  action  to 
recover  a  forfeiture  shall  not  be,  or  be  deemed  to  be,  a  waiver  of 
the  right  to  recover  any  other  forfeitures.    Same,  sec:  i(j). 

It  shall  be  unlawful  for  any  railroad  or  other  common  carrier 
to  charge,  demand,  collect  or  receive  a  greater  or  less  compensa- 
tion for  the  transportation  of  passengers  or  property  or  for  any 
service  in  connection  therewith,  than  is  specified  in  such  printed 

1800  schedules  including  schedules  of  joint  rates  as  may  at  the  time 

447 


be  in  force,  except  as  provided  by  law  or  commission,  and  the 
rates,  fares  and  cliarges  named  therein  shall  be  the  lawful  rates, 
fares  and  charges  when  approved  by  commission.     Acts  igog, 
sp.  sess.y  no.  201,  sec.  i(j). 
See  also  par.  1739. 

ARIZONA  No  common  carrier  shall  charge,  demand,  col- 

lect or  receive  a  greater  or  less  or  different  compensation  for  the 
transportation  of  persons  or  property  or  for  any  service  in  con- 
nection therewith  than  the  rates,  fares  and  charges  applicable 
to  such  transportation  as  specified  in  its  schedule  filed  and  in 
effect  at  the  time;  nor  shall  any  such  carrier  refund  or  remit  in 

1801  any  manner  or  by  any  device  any  portion  of  the  rates,  fares  or 
charges  so  specified  except  upon  order  of  commission  as  herein- 
after provided,  nor  extend  to  any  corporation  or  person  any  privi- 
lege or  facility  in  the  transportation  of  passengers  or  property, 
except  such  as  are  regularly  and  uniformly  extended  to  all  corpo- 
rations and  persons.     Sess.  Laws  1912,  ch.  go,  sec.  iy{a){2). 

Except  as  in  this  section  authorized  and  provided,  no  public 
service  corporation  shall  charge,  demand,  collect  or  receive  a 
greater  or  less  or  different  compensation  for  any  product  or  com- 
modity furnished  or  to  be  furnished  or  for  any  service  rendered 
or  to  be  rendered  than  the  rates,  tolls,  rentals  and  charges  appli- 
cable to  such  product  or  commodity  or  service  as  specified  in  its 
schedules  on  file  and  in  effect  at  the  time,  nor  shall  any  such  pub- 
lic service  corporation  refund  or  remit  directly  or  indirectly  in 

1802  any  manner  or  by  any  device  any  portion  of  the  rates,  tolls, 
rentals  and  charges  so  specified,  nor  extend  to  any  corporation 
or  persons  any  form  of  contract  or  agreement  or  any  rule  or 
regulation,  or  any  facility  or  privilege,  except  such  as  are  regu- 
larly and  uniformly  extended  to  all  corporations  and  persons; 
provided  that  commission  may  by  rule  or  order  establish  such 
exceptions  from  the  operation  of  this  prohibition  as  it  may  con- 
sider just  and  reasonable  as  to  each  public  service  corporation. 
Same,  sec.  17  {h). 

ARKANSAS  All  agents  of  railroad  and  express  companies 

are  prohibited  from  charging,  collecting  or  receiving  pay  for  any 
goods,  wares,  packages,  merchandise   or  any  article  whatever 

1808  that  may  be  sent  or  received  by  or  through  their  respective  offices 
in  excess  of  the  regular  rates  charged  for  the  same.  Kirby^s  Di- 
gest igo4,  sec.  666y. 

448 


CALIFORNIA  Provisions   identical  with   pars.    1801,    1802, 

except  that  ** public  utility"  is  used  instead  of  "public  service 

1804  corporation."    Stats,  igii,  ist.  ex.  sess.,  ch.  14,  sees.  i'/a{2),  iy(b). 

See  also  par.  4517. 

CONNECTICUT  See  par.  2315. 

FLORIDA  If  any  railroad  company  or  common  carrier 

shall  discriminate  by  way  of  rebate  or  otherwise  directly  or  indi- 
rectly in  favor  of  any  consignor  or  consignee  of  freights  within 
the  state,  by  allowing  him  a  reduction  of  the  rate  fixed  by  com- 
mission as  reasonable  and  just,  any  other  consignor  or  consignee 
of  freights  within  the  state  shall  have  a  right  of  action  against 
the  said  railroad  company  or  common  carrier,  and  the  amount  of 
his  damages  shall  be  fixed  by  a  jtiry,  unless  a  jury  shall  be  waived, 
and  the  measure  of  damages  shall  be  such  simi  or  simis  of  money 
as  will  fairly  compensate  the  injury  done  to  said  last  mentioned 

1805  consignor  or  consignee.  But  in  all  such  cases  demand  in  writing 
on  said  railroad,  railroad  company  or  common  carrier  shall  be 
made  for  the  money  damages  sustained  before  suit  is  brought  for 
recovery  under  this  section,  and  all  suits  under  this  act  shall  be 
brought  within  12  months  after  the  commission  of  the  alleged 
wrong  or  injury  except  in  cases  where  commission  has  heretofore 
been  or  shall  hereafter  be  by  the  refusal  of  such  railroad  or  com- 
mon carrier  to  observe  the  rates,  rules,  schedules  or  regulations 
by  commission  compelled  to  resort  to  suits  to  enforce  such 
rates,  rules,  schedules  or  regulations,  and  in  such  cases  suits  for 
such  loss,  damage  or  penalty  may  be  brought  within  12  months 
after  the  termination  of  such  suits  in  favor  of  commission.  Gen. 
Stats.  igo6,  sec.  2gio,  as  amended  by  Laws  igog,  ch.  5624. 

See  also  par.  1078. 

GEORGIA  A  provision  identical  with  par.  1793.    Const. , 

1806  art.  iv,  sec.  2. 

No  railroad  company  shall  make  or  retain  directly  or  indi- 
rectly any  charge  for  storage  or  freight  greater  than  that  fixed  by 

1807  commission  for  each  particular  storage;  nor  shall  they  discrimi- 
nate directly  or  indirectly  by  means  of  rebates  or  any  other  device 
in  any  such  charges  between  persons.     Acts  i8gi,  no.  700,  sec.  j. 

See  also  par.  loyg. 

ILLINOIS  It  shall  be  unlawful  for  any  express  company 

or  carrier  by  express  to  charge,  demand,  collect  or  receive  a 
greater  or  less  or  different  compensation  for  the  transportation  of 

449 


property,  money,  parcels,  merchandise,  package  and  other  com- 
modities and  things  or  for  any  service  rendered  in  connection 
therewith  between  points  named  in  its  schedules  or  tariffs,  than 
the  rates  and  charges  which  are  specified  in  such  schedules  or 

1808  tariffs  filed  and  in  effect  at  the  time  or  as  may  be  promulgated, 
amended  or  changed  by  order  of  commission,  nor  shall  any  express 
company  or  carrier  by  express  refund  or  remit  in  any  manner  or 
by  any  device  any  portion  of  the  rate  or  charge  so  specified,  nor 
extend  to  any  shipper,  person  or  persons,  firms,  copartnerships, 
joint  stock  companies  or  corporations  any  privilege  or  facility  in 
receiving,  storing,  handling  or  forwarding  of  property  or  other- 
wise  not  granted  to  another  and  not  specified  in  such  schedules  or 
tariffs.     Revisal  igop,  ch.  114,  sec.  jyo. 

INDIANA  It  is  declared  to  be  unlawful  for  any  carrier  to 

charge,  demand  or  collect  directly  or  indirectly  for  the  trans- 
portation of  passengers  or  property  or  for  any  other  service  per- 
formed by  it  as  a  common  carrier  any  other  or  different  rate  or 
rates,  charge  or  charges  than  the  rate  named  and  fixed  in  the 

1809  schedules  and  tariffs  required  to  be  and  filed  with  commission 
or  to  charge,  demand  or  collect  directly  or  indirectly  for  any  such 
service  any  other  or  different  rate  or  rates,  charge  or  charges  than 
that  adopted  by  commission  or  ordered  observed  by  any  court. 
Acts  iQii,  ch.  225,  sec.  i{h). 

Every  carrier  which  shall  knowingly  and  wilfully  charge, 
collect,  demand  or  receive  from  any  person,  company,  firm  or 
corporation,  directly  or  indirectly,  a  greater  or  less  rate,  charge 
or  compensation  for  the  transportation  of  persons  or  property  or 
for  any  service  performed  or  to  be  performed  by  any  such  carrier 

1810  than  that  fixed  and  specified  in  the  schedule  of  rates  filed  with 
commission,  or  the  schedule  of  rates  fixed  and  adopted  by  com- 
mission, or  the  schedule  of  rates  ordered  observed  by  any  court 
of  this  state,  shall  be  guilty  of  a  misdemeanor,  and  upon  convic- 
tion thereof  in  any  court  of  this  state  having  jurisdiction  shall  be 
fined  in  a  sum  not  less  than  $500,  nor  more  than  $5,000.  Acts 
iQoy,  ch.  241,  sec.  12(c). 

If  any  agent,  officer  or  employe  of  any  carrier  shall  in- 
tentionally, directly  or  indirectly,  by  any  special  rate,  re- 
bate, drawback  or  by  means  of  false  billing,  false  classification, 
false  weighing,  or  by  any  other  device  whatsoever,  charge,  de- 
mand, collect  or  receive  from  any  person,  firm  or  corporation  a 
greater  or  less  compensation  for  any  service  rendered  or  to  be 
rendered  by  any  such  company  for  the  transportation  of  persons 

450 


1811  or  property,  or  for  any  other  service  performed  by  such  carrier, 
than  that  prescribed  in  the  pubHshed  tariffs  then  in  force  and  on 
file  with  commission,  or  which  have  heretofore  been  estabHshed 
by  such  commission  or  ordered  to  be  observed  by  any  court,  then 
and  in  such  case  any  such  agent,  officer  or  employe  shall  be  guilty 
of  a  misdemeanor,  and  upon  conviction  thereof  shall  be  fined  not 
less  than  $ioo  nor  more  than  $2,000,  to  which  may  be  added  im- 
prisonment in  the  county  jail  not  exceeding  one  year,  in  the  dis- 
cretion of  the  court  or  jury  trying  the  cause.     Same,  sec.  14(a). 

IOWA  When  any  common  carrier  shall  have  estab- 

lished and  published  its  rates,  fares  and  charges,  it  shall  not 
charge,  demand,  collect  or  receive  from  any  person  or  persons 

1812  a  greater  or  less  compensation  for  the  transportation  of  pas- 
sengers or  property  or  for  any  service  in  connection  therewith 
than  is  specified  in  such  published  schedule  of  rates,  fares  and 
charges  as  may  at  that  time  be  in  force.    Code  i8gy,  sec.  2128. 

It  shall  be  unlawful  for  any  express  company  or  common 
carrier  to  charge,  demand,  collect  or  receive  a  greater  compensa- 
tion for  the  transportation  of  property  or  for  any  service  in  con- 
nection therewith  between  the  points  named  in  such  schedules 

1813  than  the  rates  and  charges  which  are  specified  in  the  schedules 
made  by  commission  and  in  effect  at  the  time.  Any  such  express 
company  or  common  carrier,  any  officer,  representative  or  agent 
of  any  express  company  or  carrier  who  knowingly  violates  these 
provisions  shall  forfeit  to  the  state  the  sum  of  $500  for  each 
offense  to  be  recovered  as  by  law  provided.     Same,  sec.  216 je. 

KANSAS  It  shall  be  unlawful  for  any  railroad  company 

or  other  common  carrier  to  grant  or  for  any  consignor  or  consign- 
ee to  receive  any  rebate  or  drawback  or  enter  into  any  arrange- 
ment whereby  such  consignor  or  consignee  shall  directly  or  indi- 
rectly receive  a  lower  rate  for  transporting  freight  than  the  rate 
fixed  by  the  orders  of  commission  or  the  published  schedules  of 
such  railroad  company.  It  shall  be  unlawful  for  any  railroad 
company  or  other  common  carrier  to  grant  any  special  privileges 

1814  to  any  person,  firm  or  corporation  either  in  the  way  of  preference 
in  furnishing  cars,  side  track  facilities,  sites  for  elevators,  mills  or 
warehouses  or  any  other  form  of  preference  or  discrimination. 
It  shall  be  unlawful  for  any  railroad  company  or  other  common 
carrier  or  any  agent  or  employe  thereof  or  for  any  person,  firm  or 
corporation  to  enter  into  any  secret  agreement  with  any  firm, 
person  or  corporation  for  the  purpose  of  giving  any  firm,  person  or 

451 


corporation  any  special  privileges,  favors  or  discriminations  in 
favor  of  such  firm,  person  or  corporation.  Gen.  Stats,  igog,  sec. 
7181. 

If  any  railroad  company  shall  make,  charge  or  receive  from 
any  shipper  a  less  rate  for  the  transportation  of  freight  than  the 
rate  authorized  by  commission,  it  shall  make  the  same  lesser 
rate  to  all  persons  for  all  like  contemporaneous  services  in  the 
transportation  of  like  kinds  of  freight  under  substantially  similar 
1816  circumstances  and  conditions;  and  in  case  any  such  company 
shall  make,  charge  or  receive  any  such  lesser  rate  from  one  per- 
son and  a  greater  rate  from  another  person,  the  latter  may  sue 
and  recover  the  difference  between  the  rate  paid  by  him  and  such 
lesser  rate,  together  with  reasonable  attorney's  fees  for  recovering 
the  same  in  any  court  of  competent  jurisdiction.  Same,  sec.  7196. 
Any  device,  subterfuge  or  arrangement  by  which  any  pas- 
senger received  a  concession,  advantage,  reduction  or  rebate 
not  accorded  to  all  other  passengers,  exclusive  of  the  excepted 

1816  classes  elsewhere  entimerated,  shall  be  deemed  a  violation  of  law, 
and  the  officer,  agent  or  employe  of  the  railroad  company 
granting  or  offering  to  grant  or  give,  and  the  person  soliciting  or 
accepting  the  same,  shall  be  punished  as  provided  by  law  for  a 
direct  violation  of  the  provisions  of  law.     Same,  sec.  '/261. 

No  common  carrier  or  public  utility  shall  knowingly  or  wil- 
fully charge,  demand,  collect  or  receive  a  greater  or  less  compen- 
sation for  the  same  class  of  service  performed  by  it  within  the 

1817  state  or  for  any  service  in  connection  therewith  than  is  specified 
in  the  printed  schedules  or  classifications  including  schedules  of 
joint  rates,  or  demand,  collect  or  receive  any  rate,  toll,  fare  or 
charge  not  specified  in  such  schedules  or  classification.  Laws 
1911,  ch.  238,  sec.  12. 

MARYLAND  No  common  carrier  shall  charge,  demand,  col- 

lect or  receive  a  greater  or  less  or  different  compensation  for 
transportation  of  passengers,  freight  or  property  or  for  any 
service  in  connection  therewith,  than  the  rates,  fares  and  charges 
applicable  to  such  transportation  as  specified  in  its  schedules 

1818  filed  and  in  effect  at  the  time;  nor  shall  any  such  carrier  refund 
or  remit  in  any  manner  or  by  any  device  any  portion  of  the  rates, 
fares  or  charges  so  specified,  nor  extend  to  any  shipper  or  person 
any  privileges  or  facilities  in  the  transportation  of  passengers  or 
property  except  such  as  are  regularly  and  uniformly  extended  to 
all  persons  and  corporations  under  like  circumstances.  Laws 
igio,  ch.  180,  sec.  16. 

452 


i 

MICHIGAN  A  provision  substantially  identical  with  par. 

1819  1791.    Pub.  Acts  igii,  no.  ijq,  sec.  io{f). 

It  shall  be  unlawful  for  any  express  company  operating  or 
doing  business  in  the  state,  to  charge  or  collect  a  greater  amount 
for  the  transportation  of  merchandise  or  other  property  within 
the  state  than  the  rates  and  charges  set  forth  and  contained  in 

1820  the  schedule  of  rates,  tariffs  and  classifications  on  file  at  each 
station  and  office  to  or  from  which  said  rates,  charges  and  classi- 
fications are  intended  to  apply;  a  copy  of  which  said  schediile  of 
rates,  tariffs  and  classifications  shall  be  filed  with  commission  by 
issuing  carrier  or  some  duly  authorized  agent  or  representative 
of  such  carrier.     Same,  sec.  2j(a) . 

The  maximum  rate  fixed  by  law  shall  not  limit  the  right  of 
any  person,  firm  or  corporation  to  supply  electricity  for  a  less 
rate  if  it  charges  all  customers  at  the  same  rate  for  electricity 
simultaneously  used  under  like  conditions.     No  corporation  or 

1821  person  engaged  in  the  business  of  supplying  electricity,  shall  be 
entitled  to  have,  receive  or  recover  a  greater  charge  for  electricity 
supplied  to  any  customer  than  that  fixed  by  commission  after 
the  same  has  been  fixed  as  provided  by  law.  Pub.  Acts  igog,  no. 
106,  sec.  7. 

It  shall  be  unlawful  for  any  telephone  company  to  make 

1822  any  other  or  different  charge  for  service  than  that  shown  in  its 
schedules.     Pub.  Acts  igii,  no.  ij8,  sec.  ig. 

See  also  pars.  1412,  1756. 

MINNESOTA  No  carrier  shall  charge,  demand,  collect  or 

receive  for  any  service  a  greater  or  less  sum  than  that  fixed  in  its 

1823  published  schedules.     Rev.  Laws  igo^,  sec.  2015. 

See  also  par.  1758. 

MISSISSIPPI  The  track  of  every  railroad  which  carries  per- 

sons or  property  for  hire  is  a  public  highway,  over  which  all  per- 
sons have  equal  rights  of  transportation  for  themselves  and  their 
property,  and  for  passengers,  freight  and  cars,  on  the  pa3rment  of 
reasonable  compensation  to  the  railroad  for  such  transportation; 
and  if  any  railroad  corporation  or  person  managing  a  railroad 
shall  demand  and  receive  unreasonable  compensation  for  the  serv- 
ice rendered  in  the  transportation  of  passengers  or  freight  or 
more  than  allowed  by  the  tariff  of  rates  fixed  by  commission,  or 
by  such  person  or  corporation  with  its  approval,  or  more  than 

1824  the  rates  specified  in  the  bill  of  lading  issued  by  authority  of  the 
railroad;  or  if  any  railroad  shall  for  its  advantage  or  for  the 

453 


advantage  of  a  connecting  line,  or  for  that  of  any  person,  locality 
or  corporation,  make  any  discrimination  in  transportation  against 
any  person,  locality  or  corporation  unless  authorized  by  commis- 
sion, or  if  any  railroad  company  shall  charge  more  for  a  short 
haiil  than  for  a  long  one  under  substantially  similar  circum- 
stances and  conditions  without  the  sanction  of  commission,  such 
person  or  corporation  in  either  case  shall  be  guilty  of  extortion 
and  may  be  punished  therefor  criminally  besides  being  liable 
civilly.     Code  igo6,  sec.  48JQ. 

The  parties  injiired  may  recover  of  the  person  or  corporation 
guilty  of  extortion  twice  the  amount  of  damages  sustained  by 
1826  the  overcharge  or  discrimination,  as  the  case  may  be.  Same, 
sec.  4840. 

Any  railroad  which  shall  commit  extortion  in  rates,  or  by 
discrimination,  shall  be  guilty  of  a  misdemeanor,  and  on  convic- 
tion shall  be  punished  by  a  fine  not  less  than  $100;  but  the  rail- 

1826  road  cannot  be  punished  criminally  if  its  tariff  of  charges  shall 
have  been  approved  by  commission  and  if  the  charge  com- 
plained of  be  not  variant  from  that  allowed  thereby.  Same, 
sec.  4841. 

It  is  unlawful  for  any  railroad  to  make  or  allow  any  rebate 
or  reduction  from  the  tariffs  of  charges  fixed  or  approved  by 

1827  commission  in  favor  of  any  person,  place  or  corporation  by  a 
change  in  or  deviation  from  the  rates  so  fixed  or  approved,  unless 
such  change  or  deviation  be  first  allowed  by  commission.  Sa^ne, 
sec.  4844. 

If  any  railroad  shall  make  any  rebate,  reduction  or  allowance 
in  freight  or  passenger  rates  from  the  rates  approved  or  fixed  by 
commission,  without  its  consent  first  had,  or  shall  give  to  any 

1828  person  a  free  pass  or  ticket  or  transport  him  free  of  charge  con- 
trary to  law,  or  shall  fail  to  make  due  report  of  free  passes 
granted,  such  railroad  shall  in  either  case  be  guilty  of  a  misde- 
meanor and  on  conviction  shall  be  fined  not  less  than  $100. 
Same,  sec.  4845. 

MISSOURI  When  any  common  carrier  shall  have  estab- 

lished and  published  its  rates,  fares  and  charges  in  compliance 
with  the  provisions  of  law,  the  same  not  being  in  excess  of  any 
statutory  maximvim  rates  now  or  that  may  be  hereafter  in  force, 
it  shall  be  unlawful  for  any  such  common  carrier  to  charge,  de- 

1829  mand,  collect  or  receive  from  any  person  or  persons,  a  greater  or 
less  compensation  for  the  transportation  of  property  or  for  any 
service  in  connection  therewith  than  is  specified  in  such  pub- 

454 


lished  schedules  of  rates,  fares  and  charges  as  may  at  the  time 
be  in  force  except  as  may  be  specifically  permitted.  Rev.  Stats. 
igoQ,  sec.  jiSy. 

Any  railroad  corporation  which  shall  fix,  demand,  take  or 
receive  from  any  person  or  persons  any  greater  toll  or  compensa- 
tion for  the  transportation,  receipt,  handling  or  delivery  of  goods 
or  merchandise  in  violation  of  the  provisions  of  this  article  shall 
forfeit  and  pay  for  any  such  offense  any  sum  not  exceeding  $i,ooo, 

1830  and  costs  of  suit,  including  a  reasonable  attorney's  fee,  to  be 
taxed  by  any  court  where  the  same  is  held  by  appeal  or  otherwise, 
to  be  recovered  by  civil  action  by  the  party  aggrieved,  in  any 
court  having  jurisdiction  thereof;  and  any  officer,  agent  or  em- 
ploye of  any  such  railroad  corporation  who  shall  knowingly  or 
wilfully  violate  the  provisions  of  this  article  shall  be  liable  to  the 
penalties  prescribed  in  this  section.     Same,  sec.  3211. 

In  no  instance  shall  any  individual,  company  or  corporation, 
lessee  or  other  person  charge  or  receive  any  greater  rate  of  com- 
pensation for  carrying  freight  or  passengers  than  by  law  pro- 
vided, and  any  individual,  company  or  corporation  violating  or 
in  any  way  evading  the  provisions  of  this  article  shall  forfeit  all 
right  to  recover  or  receive  any  compensation  whatever  for  the 
service  rendered  wherein  such  violation  is  attempted;  and  every 
agent  of  any  such  corporation,  lessee  or  other  individual  operat- 
ing any  railroad  within  the  state  who  shall  refuse  to  receive  for 
transportation  over  the  road  for  which  he  is  agent  in  the  usual 

1831  way  any  of  the  articles  provided  for  on  account  of  the  compensa- 
tion by  law  prescribed  being  too  low,  or  receiving  any  such  arti- 
cles of  freight,  shall  charge  or  attempt  to  charge  for  the  trans- 
portation of  the  same  any  greater  sum  than  fixed  by  law  or  shall 
in  any  manner  violate  or  attempt  to  violate  or  evade  the  pro- 
visions of  this  article,  shall  be  deemed  guilty  of  a  misdemeanor, 
and  on  conviction  thereof  shall  pay  a  fine  of  not  exceeding  $200 
for  each  and  every  oifense,  and  the  injured  party  shall  have  a 
right  of  action  against  such  agent  or  against  the  railroad  com- 
pany or  other  persons  operating  the  railroad,  or  both,  in  which 
case  he  shall  be  entitled  to  recover  three  times  the  amount  taken 
or  received  from  him  in  excess  of  the  rate  prescribed  by  this  arti- 
cle.    Same,  sec.  3248. 

1832  Also  a  provision  identical  with  par.  18 13.    Same,  sec.  328 8b. 
See  also  par.  gji. 

MONTANA  If  any  railroad  directly  or  indirectly  or  by  any 

special  rate,  rebate,  drawback  or  other  device  shall  charge,  de- 

455 


mand  or  receive  from  any  person,  firm  or  corporation  a  greater 
or  less  compensation  for  any  service  rendered  or  to  be  rendered 
in  the  transportation  of  property  than  that  fixed  by  commission 

1833  for  such  service,  such  railroad  shall  be  deemed  guilty  of  extortion 
and  shall  forfeit  and  pay  to  the  state  not  less  than  $500,  nor 
more  than  $2,000  for  each  offense;  provided  that  nothing  herein 
shall  be  so  construed  as  to  prevent  any  railroad  or  railroad  cor- 
poration from  giving  excursion  rates  to  or  from  any  point  within 
or  without  the  state.     Rev.  Codes  igoy,  sec.  4385. 

If  any  railroad  or  its  agents  or  officers  shall  collect,  charge, 
demand  or  receive  from  any  person,  company,  firm  or  corporation 
a  greater  rate,  charge  or  compensation  than  that  fixed  and  estab- 
lished by  commission  for  the  transportation  of  freight,  passengers 
or  cars  or  for  the  use  of  any  car  on  the  line  of  its  railroad  or  any 

1834  line  operated  by  it,  or  for  receiving,  forwarding,  handling  or 
storing  any  such  freight  car  or  for  any  other  service  performed 
or  to  be  performed  by  it,  such  railroad  and  its  agents  and  officers 
shall  be  deemed  guilty  of  extortion  and  shall  forfeit  and  pay  to 
the  state  a  sum  not  less  than  $500  nor  more  than  $2,000.  Same, 
sec.  4386. 

NEBRASKA  If  any  railway  company  or  common  carrier  by 

or  through  its  officers,  agents  or  employes  shall  charge,  collect, 
demand  or  receive  from  any  person  or  persons,  company,  firm 
or  corporation  a  greater  rate,  charge  or  compensation  than  that 
fixed  and  established  by  commission  for  the  transportation  of 
freight,  passengers  or  cars  operated  by  such  railway  company  or 

1835  common  carrier,  or  for  receiving,  forwarding,  handling  or  storing 
any  such  freight  or  cars  or  for  any  other  service  performed  or  to 
be  performed  by  said  railway  company  or  carrier,  said  railway 
company  or  carrier  shall  be  guilty  of  a  misdemeanor  and  upon 
conviction  thereof  shall  be  fined  a  siun  of  not  less  than  $1,000,  nor 
more  than  $5,000  for  each  offense.  Cohhey^s  Annot.  Stats,  igog, 
sec.  10661. 

If  any  officer,  agent  or  employe  for  or  on  behalf  of  any  rail- 
way company  or  carrier  shall  charge,  collect,  demand  or  receive 
from  any  person  or  persons,  company,  firm  or  corporation  a 
greater  rate,  charge  or  compensation  than  that  fixed  and  estab- 
lished by  commission  for  the  transportation  of  freight  and  pas- 

1836  sengers  or  cars  operated  by  said  railway  company  or  common 
carrier,  said  officer,  agent  or  employe  shall  be  guilty  of  a  mis- 
demeanor and  shall  upon  conviction  thereof  be  fined  a  sum  not 
less  than  $100,  nor  more  than  $5,000  or  be  imprisoned  in  the 

456 


county  jail  of  the  county  wherein  conviction  was  had  not  less 
than  ten  days,  nor  more  than  six  months  or  both  within  the  dis- 
cretion of  the  court.     Same,  sec.  1066 1  (a). 

Any  officer,  agent  or  employe  of  any  railway  company  or 
common  carrier  who  by  means  of  false  billing,  false  classification, 
false  weighing  or  by  any  other  device  shall  suffer  or  permit  any 
person  or  persons  to  obtain  transportation  for  propei:ty  at  less 
than  the  regular  rates  then  in  force  on  said  line  of  said  railway 
company  or  common  carrier  or  any  part  thereof  or  who  by  means 
of  false  billing,  false  classification,  false  weighing  or  by  any  device 
1837  whatsoever  shall  charge  any  person,  firm  or  corporation  for  the 
transportation  of  property  other  than  the  rates  fixed  and  estab- 
lished upon  the  line  of  said  railway  company  or  common  carrier, 
shall  be  guilty  of  a  misdemeanor  and  on  conviction  thereof  shall 
be  fined  in  a  sum  not  less  than  $100  nor  more  than  $5,000  or  be 
imprisoned  in  the  county  jail  in  the  county  wherein  conviction 
was  had  not  less  than  ten  days  nor  more  than  30  days  or  both 
within  the  discretion  of  the  court.     Same,  sec.  10662(f). 

When  commission  has  reason  to  believe  that  any  railway 
company,  or  common  carrier,  or  any  officer,  agent  or  employe 
thereof,  has  been  guilty  of  any  misdemeanor  or  misdemeanors, 
commission  shall  immediately  cause  actions  to  be  commenced 
and  prosecuted  against  such  railway  companies,  common  car- 
riers, agents,  officer  or  employes,  as  the  case  may  be,  which  may 
be  brought  in  the  county  of  the  state  through  or  into  which  the 
line  of  the  railway  company  or  common  carrier  sued  may  extend, 

[  1838  and  in  the  case  of  a  misdemeanor  on  the  part  of  any  officer, 
agent  or  employe  as  herein  defined,  shall  be  brought  in  the  county 
where  the  misdemeanor  was  committed;  said  actions  commenced 
shall  be  prosecuted  in  the  name  of  the  state  and  no  such  action 
shall  be  dismissed  without  trial  unless  commission  and  the  attor- 
ney general  consent  thereto.  Such  actions  shall  have  precedence 
to  all  other  business  except  criminal  cases,  cases  of  similar  nature, 
and  such  other  actions  as  are  herein  provided  for.  Same,  sec. 
10663. 

All  of  the  penalties  herein  provided,  unless  otherwise  pro- 
vided for,  shall  be  recovered  and  suits  thereon  shall  be  brought 
in  the  name  of  the  state  in  the  proper  cotut  having  jurisdiction 

[      1839  thereof  in  any  county  in  this  state  to  or  through  which  said  rail- 
way company  or  common  carrier  may  be  operating  a  road,  by 
the  attorney  general,  or  under  his  direction.    Same,  sec.  10663(a). 
1840  In  all  suits  arising  under  this  chapter  the  rules  of  evidence 

457 


shall  be  the  same  as  in  ordinary  civil  actions,  except  as  other- 
wise provided  herein.    Same,  sec.  io66j{b). 
See  also  pars.  iy62,  lydj. 

NEVADA  It  shall  be  unlawful  for  any  railroad  to  charge, 

demand,  collect  or  receive  a  greater  or  less  compensation  for  the 
transportation  of  passengers  or  property  or  for  any  service  in 

1841  connection  therewith  than  is  specified  in  the  printed  schedules 
including  schedules  of  joint  rates  as  may  at  the  time  be  in  force, 
and  the  rates,  fares  and  charges  named  therein  shall  be  the  lawful 
rates,  fares  and  charges  until  the  same  are  changed  as  provided 
bylaw.     Stats,  igoy,  ch.  44,  sec.  4(c). 

It  shall  be  unlawful  for  any  public  utility  to  charge,  demand, 
collect  or  receive  a  greater  or  less  compensation  for  any  service 
performed  by  it  within  the  state  or  for  any  service  in  connection 
therewith  than  is  specified  in  the  printed  schedules  including 

1842  schedules  of  joint  rates  as  may  at  the  time  be  in  force,  or  to  de- 
mand, collect  or  receive  any  rate,  toll  or  charge  not  specified  in 
such  schedules.  The  rates,  tolls  and  charges  named  therein 
shall  be  the  lawful  rates,  tolls  and  charges  until  the  same  are 
changed  as  provided  by  law.     Stats.  1911,  ch.  162,  sec.  12. 

It  shall  likewise  be  unlawful  for  any  public  utility  to  grant 
any  rebate,  concession  or  special  privilege  to  any  consumer  or  user, 
which  directly  or  indirectly  shall  have  or  may  have  the  effect  of 

1843  changing  the  rates,  tolls,  charges  or  payments,  and  any  violation 
of  the  provisions  of  this  section  shall  subject  the  violator  to  the 
penalty  prescribed  in  section  ten  of  this  act.  This,  however,  shall 
not  have  the  effect  of  suspending,  rescinding,  invalidating  or  in 
any  way  affecting  existing  contracts.     Same. 

See  also  par.  1765. 

NEW  YORK  A  provision  for  common  carriers  identical  with 

1844  par.  1 81 8.    Laws  igio,  ch.  480,  sec.  33(1). 

No  gas  or  electrical  corporation  shall  charge,  demand,  col- 
lect or  receive  a  greater  or  less  or  different  compensation  for  any 
service  rendered  or  to  be  rendered  than  the  rates  and  charges  ap- 
plicable to  such  service  as  specified  in  its  schedule  filed  and  in 
effect  at  the  time ;  nor  shall  any  such  corporation  refund  or  remit 
1846  in  any  manner  or  by  any  device  any  portion  of  the  rates  or  charges 
so  specified,  nor  extend  to  any  person  or  corporation  any  form  of 
contract  or  agreement  or  any  rule  or  regulation  or  any  privilege 
or  facility  except  such  as  are  regularly  and  uniformly  extended 
to  all  persons  and  corporations  under  like  ciromistances.  Same, 
sec.  66(12). 

458 


ft 


No  telegraph  or  telephone  company  shall  charge,  demand, 
collect  or  receive  a  different  compensation  for  any  service  ren- 
dered or  to  be  rendered  than  the  charge  applicable  to  such  service 
as  specified  in  its  schedule  on  file  and  in  effect  at  that  time.  Nor 
shall  any  telegraph  or  telephone  corporation  refund  or  remit 

1846  directly  or  indirectly  any  portion  of  the  rate  or  charge  so  speci- 
fied, nor  extend  to  any  person  or  corporation  any  form  of  con- 
tract or  agreement  or  any  rule  or  regulation  or  any  privilege  or 
facility  except  such  as  are  specified  in  its  schedule  filed  and  in 
effect  at  the  time  and  regtilarly  and  uniformly  extended  to  all 
persons  and  corporations  under  like  circumstances  for  the  like 
or  substantially  similar  service.     Same,  sec.  92 {2). 

NORTH  CAROLINA  No  railroad,  steamboat,  express  or  other  trans- 
portation company  engaged  in  the  carriage  of  freight  and  no 
telegraph  company  or  telephone  company  shall  demand,  collect 

1847  or  receive  for  any  service  rendered  or  to  be  rendered  in  the  trans- 
portation of  property  or  transmission  of  messages  more  than  the 
rates  appearing  in  the  printed  tariff  of  such  company  in  force  at 
the  time  such  service  is  rendered,  or  more  than  is  allowed  by  law. 
PelVs  Revisal  igo8,  sec.  2642. 

Any  railroad  company  violating  any  of  the  provisions  of 
this  act,  or  counseling,  ordering  or  directing  any  employe,  agent 
or  servant  to  violate  any  provisions  of  this  act  by  charging,  de- 
manding or  receiving  any  rate  greater  than  that  fixed  by  this  act, 

1848  shall  be  guilty  of  a  misdemeanor,  and  on  conviction  shall  be 
fined  not  less  than  $500  and  not  more  than  $5,000;  and  any 
agent,  servant  or  employe  of  any  railroad  companv  who  shall 
violate  any  of  the  provisions  of  this  act  shall  be  guilty  of  a  misde- 
meanor, and  on  conviction  shall  be  fined  or  imprisoned,  or  both, 
in  the  discretion  of  the  coiut.     Same,  sec.  3761a. 

Any  railroad  company  doing  business  in  the  state  or  officer 
or  agent  thereof  who  shall  give  to  any  person  or  shipper  any  ad- 
vantage over  another  person  or  shipper  under  like  circumstances 
by  way  of  any  rebate  or  reduced  rate  not  authorized  by  law  or  by 
commission,    or   which   shall   make   charges   for   shipments   of 

1849  freight  in  violation  of  the  provisions  of  law  or  shall  wilfully 
discriminate  in  the  matter  of  service  in  favor  of  one  person  or 
corporation  against  another  under  lil<:e  circumstances,  shall  be 
guilty  of  a  misdemeanor  and  such  corporation  shall  upon  convic- 
tion be  fined  not  less  than  $100,  and  such  officer  or  agent  shall  be 
fined  or  imprisoned  or  both  in  the  discretion  of  the  court.  Acts 
igoy,  ch.  217,  sec.  2. 

459 


NORTH  DAKOTA      A  provision  for  railroads,  railroad  corporations 

1860  or  common  carriers  substantially  identical  with  par.  1812.  Rev. 
Codes  I  go  5,  sec.  4341. 

OHIO  No  public  utility  shall  charge,  demand,  exact 

receive  or  collect  a  different  rate,  rental,  toll  or  charge  for  any 
services  rendered  or  to  be  rendered  than  that  applicable  to  such 
service  as  specified  in  its  schedule  filed  with  commission  and  in 

1861  effect  at  the  time.  Nor  shall  any  public  utility  refund  or  remit 
directly  or  indirectly  any  rate,  rental,  toll  or  charge  so  specified 
or  any  part  thereof,  nor  extend  to  any  person,  firm  or  corporation 
any  rule,  regulation,  privilege  or  facility  except  such  as  are  speci- 
fied in  such  schedule  and  regularly  and  uniformly  extended  to  all 
persons,  firms  and  corporations  under  like  circumstances  for  the 
like  or  substantially  similar  service.     Laws  igii,  no.  J2j,  sec.  20. 

See  also  par.  1773. 

OKLAHOMA  All  agents  of  railroad  and  express  companies 

doing  business  in  the  state  are  prohibited  from  knowingly  charg- 
ing, collecting  or  receiving  pay  for  any  goods,  wares,  packages, 

1852  merchandise  or  any  article  whatever  that  may  be  sent  or  received 
by  or  through  their  respective  offices  in  excess  of  the  regular  rates 
charged  for  the  same.     Sess.  Laws  igo8,  ch.  13,  art.  in,  sec.  i. 

All  agents  or  operators  for  any  telegraph  or  telephone  com- 
pany doing  business  in  the  state  are  prohibited  from  knowingly 

1863  charging,  collecting  or  receiving  pay  for  any  message  sent  or 
received  by  them  in  excess  of  the  regular  rate  charged  for  the 
same.     Same,  sec.  2. 

Any  person  who  shall  violate  the  provisions  of  sections  one 
and  two  of  this  act  shall  be  deemed  guilty  of  a  misdemeanor,  and 

1864  upon  conviction  thereof  shall  be  fined  in  any  sum  not  less  than 
$25,  nor  more  than  $200.     Same,  sec.  4. 

OREGON  Substantially  identical  with  pars.  1841,  1842. 

1866  Gen.  Laws  igoy,  ch.  53,  sec.  16.    Gen.  Laws  igii,  ch.  27g,  sec.  31. 
See  also  pars.  1776,  1777. 

RHODE  ISLAND        See  par.  i77g. 

SOUTH  CAROLINA   A  provision  substantially  identical  with  par. 

1866  1807.    Gen.  Stats.  igo2,  sees.  1733,  2og^. 

If  any  railroad  company  shall  violate  the  provisions  of  this 
chapter,  either  by  exceeding  the  rates  of  storage  prescribed,  or  by 
discr'minating,  the  person  or  persons  so  paying  such  over- 
charge or  subjected  to  such  discrimination  shall  have  the  right 

460 


to  sue  for  the  same  in  any  court  of  this  state  having  jurisdiction 
1867  of  the  claim,  and  shall  have  all  the  remedies  and  be  entitled  to 
recover  the  same  penalties  and  measure  of  damages  as  is  pre- 
scribed in  the  case  of  overcharge  of  freight  rates,  upon  making 
like  demand  as  is  prescribed  in  such  case  and  after  like  failure  to 
pay  the  same.     Same,  sees.  1734,  2og6. 

If  any  railroad  corporation  shall  make  any  unjust  discrimina- 
tion in  its  rates  and  charges  of  toll  as  compensation  for  trans- 
portation of  passengers  or  freights  of  any  description  or  for  the 
use  and  transportation  of  any  railroad  car  upon  its  said  road  or 
upon  any  of  the  branches  thereof,  or  upon  any  railroad  con- 
nected therewith  which  it  has  the  right,  license  or  permission 

1858  to  operate  or  control  within  the  state,  the  same  shall  be  deemed 
guilty  of  having  violated  the  provisions  of  this  chapter,  and  upon 
conviction  thereof  shall  be  fined  in  a  simi  not  less  than  $100  nor 
more  than  $1 ,000.  It  shall  be  unlawful  for  any  person  so  engaged 
as  aforesaid  or  person  engaged  solely  in  the  shipment  or  receiving 
of  property  directly  or  indirectly  to  allow  or  receive  any  rebate, 
drawback  or  other  advantage  in  any  form  upon  shipment  made 
or  services  rendered  or  received  by  them  as  aforesaid.  Same, 
sec.  2084. 

See  par.  853. 

SOUTH  DAKOTA  When  any  common  carrier  shall  have  estab- 
lished and  published  its  rates,  fares  and  charges  in  compliance 
with  the  provisions  of  law,  it  shall  be  unlawful  for  such  common 
carrier  to  charge,  demand,  collect  or  receive  from  any  person  or 
persons  a  greater  or  less  compensation  for  the  transportation  of 

1859  passengers'  property,  express  and  messages  by  telephone,  or  for 
any  services  in  connection  therewith  than  is  specified  in  such 
published  schedule  of  rates,  fares  and  charges  as  may  at  the  time 
be  in  force.     Sess.  Laws  igii,  ch.  2oy,  sec.  10. 

An  express  company  which  shall  charge  a  different  rate  for 
transportation  of  any  express  than  the  charges  established  in 

1860  this  act  shall  upon  conviction  pay  a  fine  of  not  less  than  $10,  nor 
more  than  $500.     Sess.  Laws  igog,  ch.  ijp,  sec.  7. 

TENNESSEE  It  shall  be  unlawful  for  any  person  or  corpora- 

tion to  make  any  rebate  or  reduction  from  the  published  tariffs 
in  favor  of  any  person,  locality  or  corporation  which  shall  not  be 

1861  made  in  favor  of  all  other  persons,  localities  or  corporations  by 
change  in  such  published  rates  except  as  may  be  allowed  by  com- 
mission.    Acts  i8gy,  ch.  10,  sec.  22. 

461 


Any  person  or  corporation  who  shall  make  any  reduction  or 
rebate  prohibited  by  this  act  without  approval  of  commission 

1862  shall  be  guilty  of  a  misdemeanor  and  upon  conviction  shall  be 
iined  not  less  than  $ioo,  nor  more  than  $500.     Same,  sec.  23. 

TEXAS  If  any  railroad  company  or  its  agent  or  officer 

shall  charge,  collect,  demand  or  receive  from  any  person,  com- 
pany, firm  or  corporation  a  greater  rate,  charge  or  compensation 
than  that  fixed  and  established  by  commission  for  the  transporta- 
tion of  freight,  passengers  or  cars  or  for  the  use  of  any  car  on  the 

1863  line  of  its  railroad  or  any  line  operated  by  it  or  for  receiving, 
forwarding,  handling  or  storing  any  such  freight  or  cars  or  for 
any  other  service  performed  or  to  be  performed  by  it,  such  rail- 
road company  and  its  said  agent  and  officer  shall  be  deemed 
guilty  of  extortion  and  shall  forfeit  and  pay  to  the  state  a  sum 
not  less  than  $100  nor  more  than  $5,000.  Sayles^  Civ.  Stats. 
1897,  art.  4573. 

Every  express  company  which  shall  demand  or  receive  a 
greater  compensation  than  that  which  may  be  prescribed  and  fixed 
by  commission  for  the  transportation  of  any  class  or  kind  of  prop- 
erty, money,  papers,  packages  or  things  shall  be  deemed  guilty 

1864  of  extortion  and  shall  forfeit  and  pay  to  the  state  a  sum  not  to 
exceed  $500  for  each  offense;  provided,  that  if  it  shall  appear  that 
such  violation  was  not  wilful,  said  company  shall  have  ten  days 
to  refund  such  overcharges  or  damages  in  which  case  the  penalty 
shall  not  be  incurred.  Commission  shall  sue  for  a  recovery  of 
same  in  the  same  manner  as  may  be  prescribed  by  law  for  like 
suits  against  railroad  companies.     Same,  art.  4583. 

VIRGINIA  When  commission  shall  have  either  author- 

ized or  prescribed  and  published  any  rates,  fares  and  charges,  it 
shall  be  unlawful  for  any  company  to  charge,  demand,  collect 
or  receive  from  any  person  or  persons  a  greater  or  less  compensa- 

1865  tion  for  the  transportation  of  passengers  or  property  or  for  any 
service  in  connection  therewith  than  is  specified  in  such  published 
schedule  of  rates,  fares  and  charges  so  authorized  or  prescribed 
and  published  by  commission  unless  or  until  changed  by  com- 
mission.    Pollard's  Code  1904,  sec.  I2g4c{7). 

WASHINGTON  A  provision  for  common  carriers  substantially 

identical  with  par.  181 8;   also  a  provision  for  gas,  electrical  or 

1866  water  companies  substantially  identical  with  par.  1845;  also  a 
provision  for  telephone  or  telegraph  companies  substantially 
identical  with  par.  1846.    Laws  igii,  ch.  117,  sees.  18,  2Q,  40. 

462 


No  wharfinger  or  warehouseman  shall  charge,  demand,  col- 
lect or  receive  a  greater,  less  or  different  compensation  for  any 
service  rendered  or  to  be  rendered  than  the  rates  charged  ap- 
plicable to  such  service  specified  in  its  schedule  filed  and  in  effect 

1867  at  the  time.  Nor  shall  any  such  wharfinger  or  warehouseman 
directly  or  indirecth^  refund  or  remit  in  any  manner  or  by  any 
device  any  portion  of  the  rate  or  charge  so  specified.  No 
wharfinger  or  warehouseman  shall  extend  to  any  person  or  cor- 
poration any  form  of  contract  or  agreement  or  any  rule  or  regu- 
lation or  any  privilege  or  facility  except  as  are  regularly  and 
uniformly  extended  to  all  persons  and  corporations  under  like 
circumstances.     Same,  sec.  4Q. 

WISCONSIN  Substantially  identical  with  pars.  1841,  1842. 

Laws  iQOj,  ch.  J62,  sec.   iyg'/-4{c).     Laws  190J,  ch.  4gg,  sec- 

1868  lygym-jj. 

See  also  pars.  lySp,  i/go. 

C.  CHARGING  A  LESS  COMPENSATION  IN 
CONSIDERATION  OF  THE  FURNISHING  BY 
UTILITIES  OF  ANY  PART  OF  THE  FACIL- 
ITIES  INCIDENT   TO   THE   SERVICE. 

UNITED  STATES  If  the  owner  of  property  transported  directly 
or  indirectly  renders  any  service  connected  with  such  transporta- 
tion or  furnishes  any  instrumentality  used  therein,  the  charge 
and  allowance  therefor  shall  be  no  more  than  is  just  and  reason- 
able, and  commission  may,  after  hearing  on  a  complaint  or  on 

1869  its  own  initiative,  determine  what  is  a  reasonable  charge  as  the 
maximum  to  be  paid  by  the  carrier  or  carriers  for  the  services 
so  rendered  or  for  the  use  of  the  instrumentality  so  furnished,  and 
fix  the  same  by  appropriate  order,  which  order  shall  have  the 
same  force  and  effect  and  be  enforced  in  like  nianner  as  the  orders 
provided  for  under  this  section.  Act  to  Regulate  Commerce,  sec. 
15- 

ALABAMA  No  railroad,  common  carrier,  agent  or  officer 

thereof  shall  demand,  charge,  collect  or  receive  from  any  person, 
firm  or  corporation  a  less  compensation  for  transportation  of 

1870  property  or  for  any  service  rendered  or  to  be  rendered  by  said 
railroad  in  consideration  of  said  person,  firm  or  corporation 
furnishing  any  part  of  the  facilities  incident  thereto.  Code  igoy, 
sec.  5532. 

463 


MICHIGAN  It  shall  be  unlawful  for  any  common  carrier 

to  demand,  charge,  collect  or  receive  from  any  person,  firm  or  cor- 
poration a  less  compensation  for  the  transportation  of  property 
or  for  any  service  rendered  or  to  be  rendered  by  said  common 
carrier  in  consideration  of  said  person,  firm  or  corporation  fur- 

1871  nishing  any  part  of  the  facilities  incident  thereto ;  provided  that 
nothing  shall  be  construed  as  prohibiting  any  common  carrier 
from  procuring  any  facilities  or  service  incident  to  the  trans- 
portation, and  paying  a  reasonable  compensation  therefor. 
Pub.  Acts  iQog,  no.  300,  sec,  16. 

NEVADA,  OHIO  A  provision  for  railroads  identical  with  par. 

1 87 1.     Nev. — Stats,  igoy,  ch.  44,  sec.  22(a);    Ohio — Code  igio 

1872  sec.  566. 

OREGON  A  provision  for  railroads  substantially  iden- 

1873  tical  with  par.  1871.    Gen.  Laws  1907,  ch.  53,  sec.  48. 

It  shall  be  unlawful  for  any  public  utility  to  demand,  charge, 
collect  or  receive  from  any  person,  firm  or  corporation  less  com- 
pensation for  any  service  rendered  or  to  be  rendered  by  said 
public  utility  in  consideration  of  the  furnishing  by  said  person, 
firm  or  corporation  of  any  part  of  the  facilities  incident  thereto; 
provided  nothing  shall  be  construed  as  prohibiting  any  public 
utility  from  renting  any  facilities  incident  to  the  transportation 

1874  of  persons  or  property  by  street  railroad,  or  to  the  production, 
transmission,  delivery  or  furnishing  of  heat,  light,  water  or  power 
or  the  conveyance  of  telephone  messages,  and  paying  a  reason- 
able rental  therefor,  or  as  requiring  any  public  utility  to  furnish 
any  part  of  such  appliances  which  are  situated  in  and  upon  the 
premises  of  any  constimer  or  user  except  telephone  station  equip- 
ment upon  the  subscriber's  premises,  and  unless  otherwise  or- 
dered by  commission  meters  and  appliances  for  measurements  of 
any  product  or  service.     Gen.  Laws  igii,  ch.  2yg,  sec.  64. 

PENNSYLVANIA  If  the  owner  of  property  transported  by  com- 
mon carriers  directly  or  indirectly  renders  any  service  connected 
with  such  transportation  or  furnishes  any  instrumentality  used 

1876  therein,  the  charge  and  allowance  therefor  shall  not  be  more  than 
is  just  and  reasonable  and  commission  may  after  hearing  on  a 
complaint  determine  what  is  a  reasonable  charge  as  the  maximum 
to  be  paid  by  the  carrier  or  carriers  for  the  service  so  rendered  or 
for  the  instrumentality  so  furnished.     Laws  igo^,  no.  250,  sec.  g. 

WISCONSIN  Identical  with  pars.  1871,  1874,  except  that 

1876  in  par.  1874  ''the  transportation  of  persons  or  property  by  street 

464 


railroad"  is  omitted.  Laws  1905,  ch.  362,  sec.  i^gy-22{a).  Laws 
igoj,  ch.  4QQ,  sec.  lyg'jm-go,  as  amended  by  Laws  igog,  ch.  21  j. 

D.  CHARGING  A  LESS  COMPENSATION  IN 
CONSIDERATION  OF  THE  SIZE  OF  THE 
SHIPMENT  OR  THE  EXTENT  OF  THE 
SERVICE. 

IOWA  No  common  carrier  shall  charge,  collect,  de- 

mand or  receive  more  for  transporting  a  car  of  freight  than  it  at 
the  same  time  charges,  collects,  demands  or  receives  per  car  for 
several  cars  of  a  like  class  of  freight  over  the  same  railway,  for 
the  same  distance,  in  the  same  direction;  nor  charge,  collect, 
demand,  or  receive  more  for  transporting  a  ton  of  freight  than 
it  charges,  collects,  demands,  or  receives  per  ton  for  several  tons 
of  freight  under  a  carload  of  a  like  class  over  the  same  railway, 

1877  for  the  same  distance,  in  the  same  direction;  nor  charge,  collect, 
demand,  or  receive  more  for  transporting  100  pounds  of  freight 
than  it  charges,  collects,  demands,  or  receives  per  100  for  several 
hundred  pounds  of  freight,  under  a  ton,  of  a  like  class,  over  the 
same  railway,  for  the  same  distance,  in  the  same  direction;  and  all 
such  discriminating  rates,  charges,  collections,  or  receipts, 
whether  made  directly  or  by  means  of  any  rebate,  drawback,  or 
other  shift  or  evasion,  shall  be  received  as  prima  facie  evidence 
of  the  unjust  discrimination  prohibited  by  this  chapter.  Code 
i8gy,  sec.  2146. 

For  the  protection  and  development  of  any  new  industry 
within  the  state,  such  railway  company  may  grant  concessions  or 

1878  special  rates  for  any  agreed  number  of  carloads,  which  rates  shall 
first  be  approved  by  commission  and  a  copy  thereof  filed  in  its 
office.     Same. 

See  also  par.  1746. 

KENTUCKY  When  one  or  more  carloads  of  freight  shall  be 

transported  at  the  same  time  for  different  persons,  and  for  each 
shipper  a  carload  or  more,  such  shipment  shall  be  considered  and 
taken  as  the  same  quantity  of  freight  within  the  meaning  of  this 
law,  and  when  less  than  a  carload  of  freight,  and  over  5,000 

1879  pounds,  are  transported  at  the  same  time  for  different  shippers, 
and  for  each  shipper  5,000  pounds,  such  shipment  shall  be  con- 
sidered and  taken  as  the  same  quantity  of  freight,  and  when  over 
500  pounds  and  less  than  5,000  pounds  are  transported  at  the 

465 


same  time  for  different  shippers,  and  for  each  shipper  said  quan- 
tity of  freight,  such  shipment  shall  be  considered  and  taken  as 
the  same  quantity  of  freight.    Carroll's  Stats,  igog,  sec.  8i8. 

MINNESOTA  One  carload  of  freight  of  any  kind  or  class 

shall  be  transported  at  as  low  a  rate  per  ton,  and  per  ton  per 

1880  mile,  as  any  greater  number  of  carloads  of  the  same  kind  and 
class  from  and  to  the  same  points  of  origination  or  destination. 
Rev.  Laws  igoj,  sec.  2ooy. 

MISSOURI  Substantially  identical  with  pars.  1877,  1878. 

1881  Rev.  Stats,  igog,  sec.  3181. 

NEW  HAMPSHIRE   See  par.  iyg6. 

NORTH  DAKOTA  Provisions  for  railroads,  railroad  corporations 
or  common  carriers  substantially  identical  with  pars.  1877,  1878. 

1882  Rev.  Codes  igo^,  sec.  4370. 

See  also  par.  1772. 

OHIO  See  par.  732. 

SOUTH  DAKOTA  Provisions  for  common  carriers  (the  transpor- 
tation of  freight  or  express)  substantially  identical  with  pars. 

1883  1877,  1878.    Sess.  Laws  igii,  ch.  207,  sec.  28. 

WASHINGTON  Nothing  in  this  act  shall  be  taken  to  prohibit  a 

gas,  electrical  or  water  company  from  establishing  a  sliding  scale 

1884  of  charges  whereby  a  greater  charge  is  made  per  unit  for  a  lesser 
than  a  greater  quantity  for  gas,  electricity  or  water  or  any  service 
rendered  or  to  be  rendered.     Laws  igii,  ch.  117,  sec.  32. 

E.  CHARGING  A  GREATER  COMPENSATION 
FOR  A  SHORTER  THAN  FOR  A  LONGER  DIS- 
TANCE SERVICE. 

UNITED  STATES  It  shall  be  unlawful  for  any  common  carrier  to 
charge  or  receive  any  greater  compensation  in  the  aggregate  for 
the  transportation  of  passengers  or  of  like  kind  of  property  for 
a  shorter  than  for  a  longer  distance  over  the  same  line  or  route 
in  the  same  direction,  the  shorter  being  included  within  the 

1885  longer  distance,  or  to  charge  any  greater  compensation  as  a 
through  route  than  the  aggregate  of  the  intermediate  rates;  but 
this  shall  not  be  construed  as  authorizing  any  common  carrier 
to  charge  or  receive  as  great  compensation  for  a  shorter  as  for  a 
longer  distance.     Act  to  Regulate  Commerce,  sec.  4. 

466 


upon  application  to  commission  such  common  carrier  may 
in  special  cases  after  investigation  be  authorized  by  commission 

1886  to  charge  less  for  longer  than  for  shorter  distances  for  the  trans- 
portation of  passengers  or  property;  and  commission  may  from 
time  to  time  prescribe  the  extent  to  which  such  designated  common 
carrier  may  be  relieved  from  the  operation  of  this  section.    Same. 

No  rates  or  charges  lawfully  existing  at  the  time  of  the  pas- 
sage of  this  amendatory  act  shall  be  required  to  be  changed  by 
reason  of  the  provisions  of  this  section  prior  to  the  expiration  of 

1887  six  months  after  the  passage  of  this  act,  nor  in  any  case  where 
application  shall  have  been  filed  before  commission  in  accordance 
with  the  provisions  of  this  section  until  a  determination  of  such 
application  by  commission.     Same. 

Whenever  a  carrier  by  railroad  shall,  in  competition  with  a 
water  route  or  routes  reduce  the  rates  on  the  carriage  of  any  spe- 
cies of  freight  to  or  from  competitive  points,  it  shall  not  be  per- 

1888  mitted  to  increase  such  rates  unless  after  hearing  by  commission 
it  shall  be  foimd  that  such  proposed  increase  rests  upon  changed 
conditions  other  than  the  elimination  of  water  competition. 
Same. 

ARIZONA  A  provision  for  common  carriers  substantially 

1889  identical  with  par.  1885.    Sess.  Laws  IQ12,  ch.  go,  sec.  24(a). 

No  telephone  or  telegraph  corporation  shall  charge  or  re- 
ceive any  greater  compensation  in  the  aggregate  for  the  trans- 
mission of  any  long  distance  message  or  conversation  for  a 
shorter  than  for  a  longer  distance  over  the  same  line  or  route  in 
the  same  direction,  the  shorter  being  included  within  the  longer 

1890  distance,  or  charge  any  greater  compensation  for  a  through 
service  than  the  aggregate  of  the  intermediate  rates  or  tolls  sub- 
ject to  the  provisions  of  this  act ;  but  this  shall  not  be  construed  as 
authorizing  any  such  telephone  or  telegraph  corporation  to 
charge  and  receive  as  great  a  compensation  for  a  shorter  as  for  a 
longer  distance.     Same,  sec.  24(b). 

Upon  application  to  commission  a  telephone  or  telegraph 
corporation  may  in  special  cases  after  investigation  be  author- 
ized by  commission  to  charge  less  for  a  longer  than  for  a  shorter 

1891  distance  service  for  the  transmission  of  messages  or  conversa- 
tions, and  commission  may  from  time  to  time  prescribe  the 
extent  to  which  such  telephone  or  telegraph  corporation  may  be 
relieved  from  the  operation  and  requirements  of  this  section. 
Same,  sec.  24(c). 

467 


ARKANSAS  All  individuals,  associations  and  corporations 

shall  have  equal  rights  to  have  persons  and  property  transported 
over  railroads  in  the  state,  and  no  unjust  or  undue  discrimina- 
tions shall  be  made  in  charges  for  or  any  facilities  for  trans- 
portation of  freight  or  passengers  within  the  state.    Persons  and 

1892  property  transported  over  any  railroad  shall  be  delivered  at  any 
station  at  charges  not  exceeding  the  charges  for  transportation  of 
persons  and  property  of  the  same  class  in  the  same  direction  to 
any  more  distant  station,  but  exciirsion,  immigration  and  com- 
mutation tickets  may  be  issued  at  special  rates.  Kirby^s  Digest 
igo4,  sec.  6j22. 

It  shall  be  unlawful  for  any  person  or  corporation  to  demand 
or  receive  any  greater  amount  of  compensation  for  a  similar 
amount  and  kind  of  property  for  receiving,  storing,  loading,  un- 
loading, carrying  or  delivering  the  same  under  similar  circum- 

1893  stances  and  conditions  for  a  shorter  than  for  a  longer  distance, 
which  includes  the  shorter  distance;  and  the  road  of  any  person 
or  corporation  shall  include  all  the  railroads  in  use  by  it,  whether 
owned  or  operated  by  it  under  a  contract,  agreement  or  lease  by 
such  corporation  or  with  which  it  has  a  traffic  contract.  Same, 
sec.  6807. 

CALIFORNIA  Provisions  for  common  carriers  substantially 

1894  identical  with  pars.  1885,  1886.  Stats,  igii,  ist.  ex.  sess.,  ch. 
14,  sec.  24(a). 

Also  provisions  for  telephone  and  telegraph  corporations 
1896  identical  with  pars.  1890,  1891.    Same,  sec.  2 4(b). ^ 

CONNECTICUT  No  railroad  company  shall  charge  or  receive 

for  the  transportation  of  freight  to  any  station  on  its  road  a 
greater  sum  than  is  at  the  time  charged  or  received  for  the  trans- 
portation of  the  like  kind  and  quantity  of  freight  from  the  same 
original  point  of  departure  and  under  similar  circumstances  to  a 
station  at  a  greater  distance  on  its  road  in  the  same  direction. 

*  No  discrimination  in  charges  or  facilities  for  transportation  shall  be  made  by  any 
railroad  or  other  transportation  company  between  places'  or  persons,  or  in  the  facilities  for 
the  transportation  of  the  same  classes  of  freight  or  passengers  within  this  state.  It  shall 
be  unlawful  for  any  railroad  or  other  transportation  company  to  charge  or  receive  any 
greater  compensation  in  the  aggregate  for  the  transportation  of  passengers  or  of  like  kind 
of  property  for  a  shorter  than  for  a  longer  distance  over  the  same  line  or  route  in  the  same 
direction,  the  shorter  being  included  within  the  longer  distance,  or  to  charge  any  greater 
compensation  as  a  through  rate  than  the  aggregate  of  the  intermediate  rates.  Provided, 
however,  that  upon  application  to  commission  provided  for  in  this  constitution  such  com- 

Eany  may,  in  special  cases,  after  investigation,  be  authorized  by  such  commission  to  charge 
;ss  for  longer  than  for  shorter  distances  for  the  transportation  of  persons  or  property, 
and  commission  may  from  time  to  time  prescribe  the  extent  to  which  such  company  may 
be  relieved  from  the  prohibition  to  charge  less  for  the  longer  than  for  the  shorter  haul. 
Commission  shall  have  power  to  authorize  the  issuance  of  excursion  and  commutation 
tickets  at  special  rates.  Nothing  herein  contained  shall  be  construed  to  prevent  com- 
mission from  ordering  and  compelling  any  railroad  or  other  transportation  company  to 
make  reparation  to  any  shipper  on  account  of  the  rates  charged  to  said  shipper  being 
excessive  or  discriminatory,  provided  no  discrimination  will  result  from  such  reparation. 
Const.,  art.  xii,  sec.  21. 

468 


Two  or  more  railroad  companies  whose  roads  connect  shall  not 
charge  or  receive  for  the  transportation  of  freight  to  any  station 
1896  on  the  road  of  either  of  them  a  greater  siim  than  is  at  the  time 
charged  or  received  for  the  transportation  of  the  like  kind  and 
quantity  of  freight  from  the  same  original  point  of  departure  and 
under  similar  circumstances  to  a  station  at  a  greater  distance  on 
the  road  of  either  of  them  in  the  same  direction.  In  the  con- 
struction of  this  section  the  simi  charged  or  received  for  the  trans- 
portation of  freight  shall  include  all  terminal  charges;  and  the 
road  of  a  company  shall  include  all  the  road  in  use  by  it  whether 
owned  and  operated  imder  a  contract  or  lease.  Gen.  Stats.  iQ02y 
sec.  3772. 


GEORGIA 


See  par.  783. 


ILLINOIS  Provisions  identical   with   pars.    1885,   1886. 

1897  Revisal  igog,  'ch.  114,  sec.  igi.^ 

1  If  any  such  railroad  corporation  shall  charge,  collect  or  receive  for  the  transportation 
of  any  passenger,  or  freight  of  any  description,  upon  its  railroad,  for  any  distance,  within 
this  state,  the  same  or  a  greater  amount  of  toll  or  compensation  than  is  at  the  same  time 
charged,  collected  or  received  for  the  transportation,  in  the  same  direction,  of  any  pas- 
senger or  like  quantity  of  freight  of  the  same  class,  over  a  greater  distance  of  the  same 
railroad  or  if  it  shall  charge,  collect  or  receive,  at  any  point  upon  its  railroad,  a  higher  rate 
of  toll  or  compensation  for  receiving,  handling  or  delivering  freight  of  the  same  class  and 
quantity,  than  it  shall,  at  the  same  time,  charge,  collect  or  receive  at  any  other  point  upon 
the  same  railroad,  or  if  it  shall  charge,  collect  or  receive  for  the  transportation  of  any  pas- 
senger, or  freight  of  any  description,  over  its  railroad,  a  greater  amount  as  toll  or  com- 
pensation than  shall,  at  the  same  time  be  charged,  collected  or  received  by  it  for  the  trans- 
portation of  any  passenger,  or  like  quantity  of  freight  of  the  same  class,  being  transported 
in  the  same  direction,  over  any  portion  of  the  same  railroad,  of  equal  distance  or  if  it  shall 
charge,  collect  or  receive  from  any  person  or  persons  a  higher  or  greater  amount  of  toll 
or  compensation  than  it  shall,  at  the  same  time  charge,  collect  or  receive  from  any  other 
person  or  persons  for  receiving,  handling  or  delivering  freight  of  the  same  class  and  like 
quantity,  at  the  same  point  upon  its  railroad;  or  if  it  shall  charge,  collect  or  receive  from 
any  person  or  persons,  for  the  transportation  of  any  freight  upon  its  railroad,  a  higher  or 
greater  rate  of  toll  or  compensation  than  it  shall  at  the  same  time  charge,  collect  or  receive 
from  any  other  person  or  persons,  for  the  transportation  of  the  like  quantity  of  freight 
of  the  same  class,  being  transported  from  the  same  point,  in  the  same  direction,  over  equal 
distances  of  the  same  railroad;  or  if  it  shall  charge,  collect  or  receive  from  any  person  or 
persons  for  the  use  and  transportation  of  any  railroad  car  or  cars  upon  its  railroad,  for 
any  distance,  the  same  or  a  greater  amount  of  toll  or  compensation  than  it  at  the  same 
charged,  collected  or  received  from  any  other  person  or  persons,  for  the  use  and  trans- 
portation of  any  railroad  car  of  the  same  class  or  number,  for  a  like  purpose,  being 
transported  in  the  same  direction,  over  a  greater  distance  of  the  same  railroad;  or  if  it 
shall  charge,  collect  or  receive  from  any  person  or  persons,  for  the  use  and  transportation 
of  any  railroad  car  or  cars  upon  its  railroad,  a  higher  or  greater  rate  of  toll  or  compensa- 
tion, than  it  shall,  at  the  same  time,  charge,  collect  or  receive  from  any  other  person  or 
persons,  for  the  use  and  transportation  of  any  railroad  car  or  cars  of  the  same  class  or 
number,  for  a  like  purpose  being  transported  irom  the  same  point,  in  the  same  direction, 
over  an  equal  distance  of  the  same  railroad;"  all  such  discriminating  rates,  charges,  col- 
lections or  receipts,  whether  made  directly,  or  by  means  of  any  rebate,  drawback,  or  other 
shift  or  evasion,  shall  be  deemed  and  taken,  against  such  railroad  corporation,  as  prima 
facie  evidence  of  the  unjust  discriminations  prohibited  by  the  provisions  of  this  act;  and 
it  shall  not  be  deemed  a  sufficient  excuse  or  justification  of  such  discriminations  on  the  part 
of  such  railroad  corporation,  that  the  railway  station  or  point  at  which  it  shall  charge, 
collect  or  receive  the  same  or  less  rates  of  toll  or  compensation,  for  the  transportation  of 
such  passenger  or  freight,  or  for  the  use  and  transportation,  of  such  railroad  car  the 
greater  distance,  than  for  the  shorter  distance,  is  a  railway  station  or  point  at  which  there 
exists  competition  with  any  other  railroad  or  means  of  transportation.  This  section  shall 
not  be  construed  so  as  to  exclude  other  evidence  tending  to  show  tinju.st  discrimination 
in  freight  or  passenger  rates.  The  provisions  of  this  section  shall  extend  and  apply  to 
any  railroad,  the  branches  thereof,  and  any  road  or  roads  which  any  railroad  corporation 
has  the  right,  license  or  permission  to  use,  operate  or  control,  wholly  or  in  part,  within 
this  state:  provided,  however,  that  nothing  herein  contained  shall  be  so  construed  as  to 
prevent  railroad  corporations  from  issuing  commutation,  excursion  or  thousand  mile 
tickets,  as  the  same  are  now  issued  by  such  corporations.  Rev.  Stats.  1909,  ch.  114,  sec. 
126. 

The  following  states  have  substantially  identical  provisions:  Iowa,  Code  1897 >  sec. 
2145;  North  Dakota,f/?ei'.  Codes  1905,  sec.  4369;  South  Carolina,  Gen.  Stats.  1902,  sec. 
20S5;   South  Dakota,  Sess.  Laws  1911,  ch.  207,  sec.  27. 

469 


INDIANA  It  shall  be  unjust  discrimination  for  any  car- 

rier to  charge  or  receive  any  greater  compensation  in  the  aggre- 
gate for  the  transportation  of  like  kinds  of  property  or  passengers 
for  a  shorter  than  for  a  longer  distance  over  the  same  line  in  the 
same  direction,  the  shorter  distance  being  included  in  the  longer; 
provided,  that  in  cases  where  two  or  more  carriers  have  lines  be- 

1898  tween  common  points  in  the  state  and  the  line  of  one  of  such  car- 
riers is  shorter  than  the  other,  then  the  carrier  having  the  longer 
line  between  any  two  such  common  points  may  meet  the  rates 
between  such  common  points  which  are  established  by  the  route 
having  the  shorter  line;  provided  there  is  bona  fide  an  actual 
competition  between  such  two  routes  for  the  business  between 
such  common  points.     Acts  igoy,  ch.  241,  sec.  13(c). 

Upon  application  to  commission  it  may  for  the  purpose  of 
preventing  manifest  injury  authorize  any  such  carrier  to  charge 
less  for  longer  than  for  shorter  distances  for  transporting  persons 
and  property;  provided,  that  no  manifest  injustice  shall  be  im- 

1899  posed  upon  persons,  property  and  places  at  intermediate  points; 
provided  further  that  nothing  herein  shall  be  so  construed  as  to 
prevent  commission  from  approving  what  are  known  as  "group 
rates"  on  any  of  the  railroads  in  the  state.     Same. 

See  also  par.  1745. 

IOWA  It  shall  be  unlawful  for  any  common  carrier 

to  charge  or  receive  any  greater  compensation  in  the  aggregate 
for  the  transportation  of  passengers  or  a  like  kind  of  property  for 
a  shorter  than  for  a  longer  distance  over  its  railroad,  all  or  any 

1900  portion  of  the  shorter  haul  being  included  within  the  longer,  and 
shall  charge  no  more  for  transporting  freight  to  or  from  any 
point  on  its  railroad  than  a  fair  and  just  rate,  compared  with 
the  price  it  charges  for  the  same  kind  of  freight  transportation 
to  or  from  any  other  point.     Code  iSgy,  sec.  2126. 

KANSAS  It  shall  be  unlawful  for  any  railroad  company 

to  charge  a  greater  freight  rate  to  haul  any  class  of  goods  for  a 

1901  shorter  distance  than  for  a  longer  one  in  the  same  general  direc- 
tion under  like  conditions  and  over  the  same  system  of  road  ex- 
cept by  the  consent  of  commission.    Gen.  Stats,  igog,  sec.  7214, 

KENTUCKY  It  shall  be  unlawful  for  any  person  or  corpora-^ 

tion  owning  or  operating  a  railroad  in  this  state  or  any  commoi 
carrier  to  charge  or  receive  any  greater  compensation  in  the  ag- 
gregate for  the  transportation  of  passengers  or  of  property  of  like 
kind  under  substantially  similar  circtimstances  and  conditioi 

470 


1902  for  a  shorter  than  for  a  longer  distance  over  the  same  Hne  in  the 
same  direction  the  shorter  being  included  within  the  longer  dis- 
tance; but  this  shall  not  be  construed  as  authorizing  any  common 
carrier  or  person  or  corporation  owning  or  operating  a  railroad 
in  the  state  to  receive  as  great  compensation  for  a  shorter  as  for 
a  longer  distance.     Const.,  sec.  218. 

Upon  application  to  commission  such  common  carrier  or 
person  or  corporation  owning  or  operating  a  railroad  in  the  state 
may  in  special  cases  after  investigation  by  commission  be  au- 
thorized to  charge  less  for  longer  than  for  shorter  distances  for 

1903  the  transportation  of  passengers  or  property;  and  commission 
may  from  time  to  time  prescribe  the  extent  to  which  such  com- 
mon carrier  or  person  or  corporation  owning  or  operating  a  rail- 
road in  the  state  may  be  relieved  from  the  operations  of  this  sec- 
tion.    Same. 

If  any  person  owning  or  operating  a  railroad  in  this  state  or 
any  common  carrier  shall  charge  or  receive  any  greater  compensa- 
tion in  the  aggregate  for  the  transportation  of  passengers  or 
property  of  like  kind  under  substantially  similar  circumstances 
and  conditions  for  a  shorter  than  for  a  longer  distance  over  the 

1904  same  line  in  the  same  direction,  the  shorter  being  included  within 
the  longer  distance,  such  person  shall  for  each  offense  be  guilty 
of  a  misdemeanor,  and  fined  not  less  than  $100  nor  more  than 
$500,  to  be  recovered  by  indictment  in  the  Franklin  circuit  court 
or  the  circuit  court  of  any  county  into  or  through  which  the  rail- 
road or  common  carrier  so  violating  runs  or  carries  on  its  business. 
CarrolVs  Stats,  igog,  sec.  820. 

Upon  complaint  made  to  commission  that  any  railroad  or 
common  carrier  has  violated  the  provisions  of  this  section,  it  shall 
be  the  duty  of  commission  to  investigate  the  grounds  of  com- 
plaint, and  if  after  such  investigation  commission  deems  it  proper 
to  exonerate  the  railroad  or  common  carrier  from  the  operation 
of  the  provisions  of  this  section,  an  order  in  writing  to  that  effect 
shall  be  made  by  commission,  and  a  copy  thereof  delivered  to  the 
complainant  and  the  railroad  or  common  carrier,  and  the  same 
shall  be  published  as  a  part  of  the  report  of  commission ;  and  after 
such  order,  the  railroad  or  carrier  shall  not  be  prosecuted  or  .fined 
1906  on  account  of  the  complaint  made.  If  commission  after  inves- 
tigation fails  to  exonerate  the  railroad  or  carrier  from  the  opera- 
tion of  the  provisions  of  this  section,  an  order  in  writing  to  that 
effect  shall  be  made  by  commission,  and  a  copy  thereof  delivered 
to  the  complainant  and  the  railroad  and  common  carrier,  and  the 

471 


same  shall  be  published  as  a  part  of  the  report  of  commission;  and 
after  such  order,  it  shall  be  the  duty  of  commission  to  furnish  a 
statement  of  the  facts,  together  with  a  copy  of  its  order,  to  the 
grand  jury  of  any  county,  the  circuit  court  of  which  has  juris- 
diction, in  order  that  the  railroad  company  or  carrier  may  be 
indicted  for  the  offense;  and  commission  shall  use  proper  efforts 
to  see  that  such  company  or  carrier  is  indicted  or  prosecuted. 
Same. 

LOUISIANA  Commission  shall  prevent  railroad,  steamboat 

and  other  water  craft,  sleeping  car,  express,  telephone  and  tele- 
graph lines  of  the  state  from  charging  any  greater  compensation 

1906  in  the  aggregate  for  the  like  kind  of  property  or  passengers  or 
express  for  a  shorter  than  for  a  longer  distance  over  the  same  line 
unless  authorized  by  commission  to  do  so  in  special  cases.  Const. , 
art.  284. 

See  also  par.  7pp. 

MARYLAND  No  common  carrier  ^hall  charge  or  receive  any 

greater  compensation  in  the  aggregate  for  the  transportation  of 
passengers  or  of  a  like  kind  of  property  under  substantially  sim- 
ilar circumstances  and  conditions  for  a  shorter  than  for  a  longer 

1907  distance  over  the  same  line  in  the  same  direction,  the  shorter 
being  included  within  the  longer  distance;  but  this  shall  not  be 
construed  as  authorizing  any  such  common  carrier  to  charge  and 
receive  as  great  a  compensation  for  a  shorter  as  for  a  longer  dis- 
tance or  haul.    Laws  igio,  ch.  180,  sec.  ig. 

Upon  application  of  a  common  carrier,  commission  may  by 
order  authorize  it  to  charge  less  for  longer  than  for  shorter  dis- 
tances for  the  transportation  of  passengers  or  property  in  special 
cases  after  investigation  by  commission,  but  the  order  must  spec- 

1908  ify  and  prescribe  the  extent  to  which  the  common  carrier  making 
such  application  is  relieved  from  the  operation  of  this  section, 
and  only  to  the  extent  so  specified  and  prescribed  shall  any  com- 
mon carrier  be  relieved  from  the  operation  and  requirements  of 
this  section.     Same. 

MASSACHUSETTS    Substantially  identical  with  par.  1896.     Acts 

1909  igo6,  ch.  46 jy  pt.  ii,  sec.  igg. 

See  also  par.  2058. 

MICHIGAN  A  provision  substantially  identical  with 'par. 

1907;  also  a  provision  identical  with  par.  1886.    Puh.  Acts  igog, 

1910  no.  300,  sec.  g. 

See  also  par.  1412. 

472 


I    MINNESOTA  No  carrier  shall  charge  or  receive  any  greater 

compensation  for  the  transportation  of  passengers  or  of  like  kind 
or  c'ass  and  quantity  of  property  for  a  shorter  than  for  a  longer 

1911  distance  over  the  same  line,  the  shorter  being  included  within  the 
longer  distance;  but  this  shall  not  be  so  construed  as  to  authorize 
any  carrier  to  charge  or  receive  as  great  compensation  for  a  short- 
er as  for  a  longer  distance.  Rev.  Laws  1905,  sec.  201^. 

1912  Also  a  provision  substantially  identical  with  par.  188.6. 
Same. 

No  carrier  shall  charge  or  receive  any  greater  compensation 
per  ton  per  mile  for  the  contemporaneous  transportation  of  the 
same  class  of  freight  for  a  longer  than  for  a  shorter  distance  over 

1913  the  same  line  in  the  same  general  direction,  or  from  the  same  orig- 
inal point  of  departure  or  to  the  same  point  of  arrival;  but  this 
shall  not  be  construed  so  as  to  authorize  any  carrier  to  charge  a 
higher  rate  per  ton  per  mile  for  a  longer  as  for  a  shorter  distance. 
Same. 

MISSISSIPPI  See  pars.  807,  1824,  1825,  1826. 

MISSOURI  No  railroad  corporation  organized  or  doing 

business  in  the  state  shall  directly  or  indirectly  charge  or  collect 
for  the  transportation  of  goods,  merchandise  or  property  on  its 
said  road  for  any  distance  any  larger  or  greater  amount  as  toll  or 
compensation  than  is  charged  or  collected  for  the  transportation 
of  similar  quantities  of  the  same  class  of  goods,  merchandise  or 
property  over  a  greater  distance  upon  the  same  road,  nor  shall 
such  corporation  charge  different  rates  for  receiving,  handling 
or  delivering  freight  at  different  points  on  its  road  or  roads  con- 

1914  nected  therewith  which  it  has  a  right  to  use,  nor  shall  any  such 
railroad  corporation  charge  or  collect  for  the  transportation  of 
goods,  merchandise  or  property  over  any  portion  of  its  road  a 
greater  amount  as  toll  or  compensation  than  shall  be  charged  or 
collected  by  it  for  the  transportation  of  similar  quantities  of  the 
same  class  of  goods,  merchandise  or  property  over  any  other  por- 
tion of  its  road  of  equal  distance;  and  all  such  rules,  regulations 
or  by-laws  of  any  railroad  corporation  as  fix,  prescribe  or  estab- 
lish any  greater  toll  or  compensation  than  is  by  law  prescribed  are 
declared  to  be  void.     Rev.  Stats,  igog,  sec.  3173, 

It  shall  be  unlawful  for  any  common  carrier  to  charge  or 

receive  any  greater  compensation  in  the  aggregate  for  the  trans- 

1916  portation  of  like  kinds  of  property  under  similar  circumstances 

and  conditions  for  a  shorter  than  a  longer  distance  over  the  same 

line  in  the  same  direction;  provided,  however,  that  nothing  con- 

473 


tained  in  this  section  shall  apply  to  the  carriage,  storage  or  hand- 
ling of  property  either  free  or  at  reduced  rates  for  the  United 
States,  for  the  State  of  Missouri  or  for  any  fair,  exposition,  re- 
ligious, scientific,  benevolent  or  charitable  purposes.  Same, 
sec.  3185. 

MONTANA  No  railroad  or  transportation  or  express  com- 

pany shall  be  allowed  to  charge,  collect  or  receive  under  pen- 
alties which  the  legislative  assembly  shall  prescribe,  any  greater 

1916  charge  or  tolLfor  the  transportation  of  freight  or  passengers  to 
any  place  or  station  upon  its  route  or  line  than  it  charges  for  the 
transportation  of  the  same  class  of  freight  or  passengers  to  any 
more  distant  place  or  station  upon  its  route  or  line  within  the 
state.     Const.,  art.  xv.,  sec.  7. 

NEBRASKA  No  railroad  company  shall  demand,  charge, 

collect  or  receive  for  the  transportation  of  any  merchandise  or 

1917  other  property  upon  railroads  for  any  specific  distance  a  greater 
sum  than  it  demands,  charges,  collects  or  receives  for  a  greater 
distance.     Cobbey's  Annot.  Stats,  igog,  sec.  lojjg. 

If  any  railway  company  or  common  carrier  through  or  by 
its  officers,  agents  or  employes  shall  charge  or  receive  any  greater 
compensation  in  the  aggregate  for  transportation  of  a  like  kind  of 

1918  property  or  passengers  for  a  shorter  than  for  a  longer  distance 
over  the  same  line,  the  same  shall  constitute  an  unjust  discrim- 
ination which  is  prohibited.     Same,  sec.  10662(c). 

Upon  application  to  commission  any  railroad  may  in  special 
cases  to  prevent  manifest  injury  be  authorized  by  commission  to 
charge  less  for  longer  than  for  shorter  distances  for  transporting 
persons  and  property,  and  commission  shall  from  time  to  time 
prescribe  the  extent  to  which  such  designated  railway  company 

1919  or  common  carrier  may  be  relieved  from  the  operation  of  this 
provision;  provided,  that  no  manifest  injustice  shall  be  imposed 
upon  any  citizen  at  intermediate  points;  provided,  further,  that 
nothing  herein  shall  be  construed  so  as  to  prevent  commission 
from  making  what  are  known  as  ''group  rates"  and  "emer- 
gency rates"  as  provided  by  law  on  any  line  or  lines  of  railway  in 
the  state.     Same. 

It  shall  be  unlawful  for  any  telegraph  company,  its  agents, 
or  operators  to  demand,  charge  or  receive  from  any  individual, 
association  or  corporation  a  greater  sum  for  the  transmission  and 
delivery  of  any  telegram  or  message  over  a  given  distance  than 
it  demands,  charges  or  receives  for  the  transmission  and  delivery 

474 


1920  of  any  telegram  or  message  containing  an  equal  number  of  words 
over  a  greater  distance;  provided  that  dispatches  transmitted 
during  the  night  and  dispatches  for  publication  in  newspapers 
may  be  forwarded  and  delivered  at  reduced  rates;  such  rates 
must,  however,  be  uniform  to  all  patrons  for  the  same  services. 
Same,  sec.  11956. 

See  also  pars.  1762,  1763. 

NEVADA  Nothing  in  this  act  shall  be  construed  so  as  to 

allow  any  railroad  to  charge  more  for  a  shorter  than  for  a  longer 

1921  haul  either  for  passengers  or  freight  when  the  shorter  haul  is  in- 
cluded within  the  longer,  or  to  authorize  commission  to  allow 
such  charge  to  be  made.  Stats.  iQoy,  ch.  44,  sec.  7,  as  amended 
by  Stats.  190Q,  ch.  121,  sec.  j. 

NEW  HAMPSHIRE  No  railroad  corporation  shall  charge  or  receive 
for  the  transportation  of  freight  to  any  station  on  its  road  in  the 
state  a  greater  sum  including  terminal  charges  than  is  at  the  same 
time  charged  or  received  for  the  transportation  for  the  like  class 
and  quantity  of  freight  from  the  same  original  point  of  departure 

1922  to  a  station  in  the  state  at  a  greater  distance  in  the  same  direc- 
tion on  its  road.  This  provision  shall  apply  to  corporations 
operating  two  or  more  connecting  railroads  in  the  state  as  if  the 
railroads  belonged  to  or  were  operated  by  a  single  corporation. 
Pub.  Stats.,  ch.  160,  sec.  19. 

If  any  railroad  corporation  shall  violate  the  provisions  of  the 
preceding  section,  it  shall  be  fined  not  exceeding  $500,  and  shall 
be  liable  to  the  party  injured  for  all  damages  sustained  by  reason 

1923  of  such  violation.  No  such  action  shall  be  maintained  unless  it 
is  brought  within  two  3'^ears  from  the  date  of  the  violation.  Same, 
sec.  20. 

NEW  JERSEY  No   company    shall    charge    or    receive   any 

greater  rate  of  compensation  for  transportation  of  property  be- 

1924  tween  way  stations  or  between  a  terminal  station  and  a  way 
station  than  for  transportation  of  such  property  between  terminal 
stations.     Laws  igoj,  ch.  257,  sec.  44. 

NEW  MEXICO  No  transportation  or  transmission  company  or 

common  carrier  shall  charge  or  receive  any  greater  compensation 
in  the  aggregate  for  the  transportation  as  intrastate  commerce  of 
passengers  or  a  like  kind  of  property  or  for  the  transmission  of 

1925  the  same  kind  of  message  between  points  in  the  state  for  a 
shorter  than  a  longer  distance  over  the  same  line  or  route  in  the 
same  direction,  the  shorter  being  included  within  the  longer  dis- 

475 


tance;  but  this  section  shall  not  be  construed  as  authorizing  any 
such  company  or  common  carrier  to  charge  or  receive  as  great 
compensation  for  a  shorter  as  for  a  longer  distance;  provided, 
that  telegraph  and  telephone  companies  may  in  certain  cases 
with  the  approval  of  commission,  base  their  charges  upon  the  air 
line  distances  instead  of  the  distances  actually  traveled  by  the 
messages.     Const.,  art.  xi.,  sec.  lo. 

Commission  may  from  time  to  time  authorize  any  such  com- 
pany or  common  carrier  to  disregard  the  foregoing  provisions  of 
this  section  by  charging  such  rates  as  commission  may  prescribe 
as  just  and  equitable  between  such  company  or  common  carrier 

1926  and  the  public,  to  or  from  any  junction  or  competitive  points  or 
localities,  or  where  the  competition  of  points  located  without  or 
within  this  state  may  necessitate  the  prescribing  of  special  rates 
for  the  protection  of  the  commerce  of  this  state,  or  in  cases  of 
general  epidemic,  pestilence,  calamitous  visitations  and  other 
exigencies.     Same. 

This  section  shall  not  apply  to  mileage  tickets  or  to  any  spe- 
cial excursion  or  commutation  rates;  nor  to  special  rates  for 

1927  services  rendered  in  the  interest  of  any  public  or  charitable  ob- 
ject, when  such  tickets  or  rates  shall  have  been  prescribed  or  au- 
thorized by  commission,  nor  shall  it  apply  to  special  rates  for 
services  rendered  to  the  United  States  or  this  state.     Same. 

NEW  YORK  Identical  with  pars.  1907,  1908.     Laws  igio, 

1928  ch.  480,  sec.  j6. 

NORTH  CAROLINA  A  provision  substantially  identical  with  par. 

1929  1907.    PeWs  Revisal  igo8,  sec.  iioy. 

Upon  application  to  commission  such  common  carrier  may 
in  special  cases  be  authorized  to  charge  less  for  longer  than  for 
shorter  distances  for  the  transportation  of  passengers  or  prop- 
erty; and  commission  may  from  time  to  time  prescribe  the  extent 
to  which  such  designated  common  carrier  may  be  relieved  from 
the  operation  of  this  section;  provided,  that  nothing  in  these 
19S0  provisions  shall  be  taken  as  in  any  manner  abridging  or  control- 
ling the  rates  of  freight  charged  by  any  railroad  in  this  state  for 
conveying  freight  which  comes  from  or  goes  beyond  the  boun- 
daries of  the  state  and  on  which  freight  less  than  local  rates  on 
any  railroad  carrying  the  same  are  charged  by  such  railroads. 
Same, 

NORTH  DAKOTA  It  shall  be  unlawful  for  any  railroad,  railroad 
corporation  or  common  carrier  to  charge  or  receive  any  greater 

476 


compensation  in  the  aggregate  for  the  transportation  of  passen- 
gers or  of  a  like  kind  of  freight  or  property  for  a  shorter  than  for  a 
longer  distance  over  its  railroads,  all  or  any  portion  of  the  shorter 
haul  being  included  within  the  longer;  and  said  railroad,  railroad 
corporation  or  common  carrier  shall  charge  no  more  for  trans- 
porting passengers  or  freight  to  or  from  any  point  on  its  railroads 
than  a  fair  and  just  rate  as  compared  with  the  price  it  charges  for 
the  same  kind  of  transportation  to. or  from  any  other  point;  pro- 
19S1  vided,  that  all  the  provisions  of  this  section  shall  apply  to  the 
transportation  of  passengers  and  all  kinds  of  freight  and  property 
shipped  and  transported  over  one  or  more  connecting  lines;  pro- 
vided, further,  that  such  connecting  lines  shall  transfer  car  lots 
without  extra  compensation,  and  shall  transfer  less  than  car  lots 
at  actual  cost  for  such  transfer;  and  provided,  further,  that  rates 
charged  be  made  and  published  by  such  connecting  lines  for  such 
continuous  shipment  upon  demand  for  any  shipper  or  shippers 
and  that  such  rates  so  made  by  two  or  more  connecting  lines 
shall  be  no  greater  in  the  aggregate  than  the  rate  would  be  if 
shipped  continuously  upon  one  line  of  road.  Rev.  Codes  1905, 
sec.  4335. 

OKLAHOMA  No  transportation  or  transmission  company 

shall  charge  or  receive  any  greater  compensation  in  the  aggregate 
for  transporting  the  same  class  of  passengers  or  property  or  for 
transmitting  the  same  class  of  messages  over  a  shorter  than  a 

1932  longer  distance  along  the  same  line  and  in  the  same  direction,  the 
shorter  being  included  in  the  longer  distance,  but  this  section 
shall  not  be  construed  as  authorizing  any  such  company  to  charge 
or  receive  as  great  compensation  for  a  shorter  as  for  a  longer  dis- 
tance.    Const.,  art.  ix.,  sec.  30. 

Commission  may  from  time  to  time  authorize  any  such  com- 
pany to  disregard  the  foregoing  provisions  of  this  section  by 
charging  such  rates  as  commission  may  prescribe  as  just  and  equi- 

1983  table  between  points  or  localities  or  where  the  competition  of 
points  located  without  this  state  may  make  necessary  the  pre- 
scribing of  special  rates  for  the  protection  of  the  commerce  of 
this  state.     Same. 

This  section  shall  not  apply  to  mileage  tickets  or  to  any  spe- 
cial excursion  or  commutation  rates  or  to  special  rates  for  serv- 
ices rendered  to  this  state  or  to  the  United  States  or  in  the 
interest  of  some  public  object,  when  such  tickets  or  rates  shall 
have  been  prescribed  or  authorized  by  commission.     Same. 

OREGON  See  par.  lyyd. 

477 


PENNSYLVANIA  All  individuals,  associations  and  corporations 
shall  have  equal  right  to  have  persons  and  property  transported 
over  railroads  and  canals,  and  no  undue  or  unreasonable  dis- 
crimination shall  be  made  in  charges  for  or  any  facilities  for 

1936  transportation  of  freight  or  passengers  within  the  state,  or  coming 
from  or  going  to  any  other  state.  Persons  and  property  trans- 
ported over  any  railroad  shall  be  delivered  at  any  station  at 
charges  not  exceeding  charges  for  transportation  of  persons  and 
property  of  the  same  class  in  the  same  direction  to  any  more  dis- 
tant station;  but  excursion  and  commutation  tickets  may  be 
issued  at  special  rates.     Const.,  art.  xvii,  sec.  3. 

SOUTH  CAROLINA  It  shall  be  unlawful  for  any  person  or  persons 
engaged  in  the  transportation  of  property  to  charge  or  receive  any 
greater  compensation  for  carrying,  receiving,  storing,  forwarding 
or  handling  articles  of  the  same  character  and  description  for  a 
shorter  than  a  longer  distance  in  one  continuous  carriage ;  and  the 
road  of  the  corporation  shall  include  all  of  the  road  in  use  by  such 
corporation  whether  owned  or  operated  under  a  contract  or  lease 
by  such  corporation;  provided,  that  nothing  in  these  provisions 
shall  be  construed  as  to  require  any  corporation  or  combination 

1936  of  corporations  to  regulate  their  charges  for  shorter  distances  by 
their  proportion  of  through  rates  between  terminal  or  junctional 
competitive  points;  provided,  further,  that  if  one  corporation 
should  use,  operate  or  otherwise  control  wholly  or  in  part  several 
lines  or  divisions  of  hitherto  independent  railroads  within  the 
state  that  commission  may  in  its  discretion  conjointly  with  the 
said  corporations  fix  different  rates  of  toll  or  compensation  for 
freight  traffic  on  each  of  said  hitherto  independent  lines  or  divi- 
sions.    Gen.  Stats,  igoz,  sec.  2086. 

Commission  conjointly  with  the  railroad  companies  shall 

1937  have  authority  to  make  special  rates  for  the  purpose  of  develop- 
ing all  manufacturing,  mining,  milling  and  internal  improvements 
in  the  state.     Same. 

See  also  par.  850. 

SOUTH  DAKOTA  It  shall  be  unlawful  for  any  common  carrier  to 
charge  or  receive  any  greater  compensation  in  the  aggregate  for 
the  transportation  of  passengers,  express,  freight,  messages  by 
telephone  or  of  a  like  kind  of  property  for  a  shorter  than  for  a 
longer  distance  over  its  railway,  express  or  telephone  line,  all  or 

1938  any  portion  of  the  shorter  haul  being  included  within  the  longer. 
And  said  common  carrier  shall  charge  no  more  for  transporting 

478 


1939 


freight,  express  or  messages  by  telephone  to  or  from  any  point  on 
its  lines  than  a  fair  and  just  rate  as  compared  with  the  price  it 
charges  for  the  transportation  of  the  same  kind  of  freight,  express 
or  messages  to  or  from  any  other  point.  Sess.  Laws  igii,  ch. 
2oy,  sec.  8. 

Also  a  provision  identical  with  par.  1886.    Same. 

See  also  par.  1161. 


TENNESSEE  If  any  person  owning  or  operating  a  railroad  in 

the  state  or  any  common  carrier  shall  charge  or  receive  any 
greater  compensation  in  the  aggregate  for  the  transportation  of 
passengers  or  property  of  like  kind  under  substantially  like  cir- 

1940  cumstances  and  conditions  for  a  shorter  than  a  longer  distance 
over  the  same  line  in  the  same  direction,  the  shorter  being  in- 
cluded within  the  longer  distance,  such  person  or  common  carrier 
shall  for  each  offense  be  guilty  of  a  misdemeanor  and  fined  not 
less  than  $100  nor  more  than  $500.     Acts  iSgy,  ch.  10,  sec.  18. 

Commission  shall  be  empowered  to  suspend  section  18  of  this 

1941  act  when  in  their  opinion  the  conditions  are  such  that  such  sus- 
pension will  be  beneficial  to  the  best  interest  of  the  people  and  all 
whom  it  may  concern.     Same,  sec.  33. 

TEXAS  It  shall  be  unjust  discrimination  for  any  rail- 

road to  charge  or  receive  any  greater  compensation  in  the  aggre- 

1942  gate  for  the  transportation  of  like  kind  of  property  or  passengers 
for  a  shorter  than  for  a  longer  distance  over  the  same  lines. 
Sayles'  Civ.  Stats.  189'/,  art.  4^^4(3). 

Upon  application  to  commission  any  railroad  may  in  special 
cases  to  prevent  manifest  injury  be  authorized  by  commission  to 
charge  less  for  longer  than  for  shorter  distances  for  transporting 
persons  and  property,  and  commission  shall  from  time  to  time 
prescribe  the  extent  to  which  such  designated  railroad  may  be 

1943  relieved  from  the  operations  of  this  provision;  provided,  that  no 
manifest  injustice  shall  be  imposed  upon  any  citizen  at  inter- 
mediate points;  provided,  however,  that  nothing  herein  shall  be 
so  construed  as  to  prevent  commission  from  making  what  are 
known  as  "group  rates"  on  any  line  or  lines  of  railroad  in  this 
state.     Same. 

See  also  par.  1784. 

''ERM  ONT  A  railroad  corporation  whose  railroad  is  located 

in  the  state  shall  not  charge  a  larger  sum  for  the  transportation 
of  freight,  merchandise  or  passengers  thereon  for  a  less  distance 

L944  to  or  from  a  way  station  on  its  road  than  is  charged  for  a  greater 

479 


distance;  and  in  case  of  a  violation  of  this  provision  the  excess  so 
charged  may  be  recovered  from  such  corporation  by  the  party 
aggrieved  in  an  action  for  money  had  and  received  with  costs. 
Puh.  Stats.  igo6,  sec.  4485.^ 

Two  or  more  corporations  whose  roads  connect  shall  not 
charge  or  receive  for  the  transportation  of  freight  to  any  station 
on  the  road  of  either  of  them  a  greater  sum  than  is  at  the  time 
charged  or  received  for  the  transportation  of  the  like  class  and 
quantity  of  freight  from  the  same  original  point  of  departure  to  a 
1946  station  at  a  greater  distance  on  the  road  of  either  in  the  same 
direction.  This  section  shall  not  be  construed  as  affecting  the 
right  of  any  railroad  corporation  to  establish  such  rates  on  the 
freights  shipped  over  its  line  in  carload  lots  from  poiats  outside 
the  state  to  poiats  beyond  the  state  as  may  seem  for  its  best 
interests,  and  the  sum  charged  or  received  for  the  transportation 
of  freight  shall  include  all  terminal  charges.     Same,  sec.  4487. 

The  person  or  corporation  violating  a  provision  of  the  two 
preceding  sections  shall  be  liable  to  the  party  aggrieved  for  all 

1946  damages  sustained  by  reason  of  such  violation,  in  an  action  on 
the  case;  but  such  sections  shall  not  be  so  construed  as  to  prevent 
the  issuing  of  excursion,  mileage  and  commutation  tickets. 
Same,  sec.  4488. 

A  person  or  corporation  that  violates  a  provision  of  this 

1947  chapter  or  any  of  the  provisions  of  sections  4485  and  4486  shall 
be  fined  not  more  than  $1,000  for  each  offense.     Same,  sec.  4541 » 

VIRGINIA  Provisions  identical  with  pars.    1925,  1927. 

1948  Const.,  sec.  160. 

Commission  may  from  time  to  time  authorize  any  such 
company  to  disregard  the  foregoing  provisions  of  this  section  by 
charging  such  rates  as  commission  may  prescribe  as  just  and 

1949  equitable  between  such  company  and  the  public  to  or  from  any 
jimction  or  competitive  points  or  localities,  or  where  the  competi- 
tion of  points  located  without  the  state  may  make  necessary  the 
prescribing  of  special  rates  for  the  protection  of  the  commerce  of 
this  state.     Same. 

It  shall  be  unlawful  for  any  transportation  company  to  take, ; 
charge  or  receive  any  greater  compensation  in  the  aggregate  for; 

1  Every  joint  stock  company  or  corporation  doing  an  express,  parlor  car  or  sleeping 
car  business  in  this  state  shall  be  subject  to  the  provisions  of  sections  448S  and  4486,  and 
of  this  chapter;  and  all  references  and  provisions  therein  or  herein  contained  as  to  rail- 
road companies  shall  be  construed  to  extend  and  apply  to  corporations  or  joint  stock  com- 
panies operating  express,  parlor  or  sleeping  car  business  within  this  state.  Comftiission 
IS  authorized  and  empowered  to  exercise  the  same  authority,  control  and  regulation  over 
and  in  regard  to  such  companies  or  corporations  and  their  business,  within  this  state,  as 
is  granted  it  by  this  chapter  in  respect  to  railroad  companies.    Ptib.  Slats.  1906,  sec.  4537- 

480 


the  transportation  of  passengers  of  the  same  class  or  property 
along  the  same  line  in  the  same  direction  for  a  shorter  than  for  a 
I960  longer  distance,  the  shorter  being  included  within  the  longer  dis- 
tance; but  this  section  shall  not  be  construed  as  authorizing  any 
such  company  to  charge  and  receive  as  great  compensation  for  a 
shorter   as   for   a   longer   distance.      Pollard's   Code  1904,    sec. 

I2Q4c{l). 

Upon  application  to  commission  any  such  company  may  in 
special  cases  after  investigation  by  commission  be  authorized  to 
charge  less  for  longer  than  for  shorter  distances  for  the  trans- 
portation of  passengers  or  property,  and  commission  may  from 

1951  time  to  time  prescribe  the  extent  to  which  such  designated  com- 
pany may  be  relieved  from  the  operation  of  this  section;  provided, 
that  nothing  in  these  provisions  shall  be  taken  as  in  any  manner 
abridging  or  controlling  the  rates  of  freight  charged  by  any  trans- 
portation company  for  conveying  freight  which  comes  from  or 
goes  beyond  the  boundaries  of  the  state,  and  on  which  freight  less 
than  local  rates  on  any  transportation  line  carrying  the  same  are 
charged  by  such  company,  but  said  company  shall  possess  the 
same  power  and  right  to  charge  such  rates  for  carrying  such 
freight  as  they  possessed  before  the  passage  of  these  provisions. 
Same. 

Nothing  in  these  provisions  shall  prohibit  railroad  or  steam- 
boat companies  from  making  special  passenger  rates  with  excur- 

1952  sion  or  other  parties ;  also  rates  on  such  freights  as  are  necessary 
for  the  comfort  of  such  parties  subject  to  the  approval  of  com- 
mission.    Same. 

WASHINGTON  No  common  carrier  shall  charge  or  receive  any 

greater  compensation  in  the  aggregate  for  the  transportation  of 
persons  or  of  a  like  kind  of  property  for  a  shorter  than  for  a 
longer  distance  over  the  same  liae  in  the  same  direction,  the 
shorter  being  included  within  the  longer  distance,  or  charge  any 
I  1953  greater  compensation  as  a  through  rate  than  the  aggregate  of  the 
intermediate  rates;  but  this  shall  not  be  construed  as  authoriziag 
any  such  common  carrier  to  charge  and  receive  as  great  a  com- 
pensation for  a  shorter  as  for  a  longer  distance  or  haul.  Laws 
1911,  ch.  iiy,  sec.  22. 

Upon  application  of  a  common  carrier,  commission  may  by 
order  authorize  it  to  charge  less  for  a  longer  than  for  a  shorter 
distance  for  the  transportation  of  persons  or  property  in  special 
cases  after  investigation  by  commission,  but  the  order  must 

1964  specify  and  prescribe  the  extent  to  which  the  common  carrier 

481 


making  such  application  is  relieved  from  the  operation  of  this 
section,  and  only  to  the  extent  so  specified  and  prescribed  shall 
any  common  carrier  be  relieved  from  the  operation  and  require- 
ments of  this  section.     Same. 

No  telephone  or  telegraph  company  shall  charge  or  receive 
any  greater  compensation  in  the  aggregate  for  the  transmission 
of  any  long  distance  conversation  or  message  of  like  kind  for  a 
shorter  than  for  a  longer  distance  over  the  same  line  in  the  same 
direction  within  this  state,  the  shorter  being  included  within  the 

1966  longer  distance,  or  charge  any  greater  compensation  for  a 
through  service  than  the  aggregate  of  the  intermediate  rates; 
but  this  order  shall  not  be  construed  as  authorizing  any  such 
telephone  or  telegraph  company  to  charge  and  receive  as  great  a 
compensation  for  a  shorter  as  for  a  longer  distance.  Same, 
sec.  44. 

Upon  application  of  any  telephone  or  telegraph  company 
commission  may  by  order  authorize  it  to  charge  less  for  a  longer 
than  for  a  shorter  distance  service  for  the  transmission  of  con- 
versation or  messages  in  special  cases  after  investigation,  but  the 

1966  order  must  specify  and  prescribe  the  extent  to  which  the  tele- 
phone or  telegraph  company  making  such  application  is  relieved 
from  the  operation  of  this  section,  and  only  to  the  extent  so 
specified  and  prescribed  shall  any  telephone  or  telegraph  com- 
pany be  relieved  from  the  requirements  of  this  section.     Same. 


F.  GRANTING  TO  ANY  PERSON,  CORPORA- 
TION, LOCALITY  OR  PARTICULAR  DESCRIP- 
TION OF  SERVICE  ANY  UNDUE  OR  UN- 
REASONABLE PREFERENCE  OR  ADVAN- 
TAGE, OR  SUBJECTING  THE  SAME  TO  ANY 
UNDUE  OR  UNREASONABLE  PREJUDICE  OR 
DISADVANTAGE. 

UNITED  STATES  It  shall  be  unlawful  for  any  common  carrier 
to  make  or  give  any  undue  or  imreasonable  preference  or  ad- 
vantage to  any  particiilar  person,  company,  firm,  corporation  or 
locality,  or  any  particular  description  of  traffic  in  any  respect 

1967  whatsoever,  or  to  subject  any  particular  person,  company,  firm, 
corporation  or  locality  or  any  particular  description  of  traffic  to 
any  imdue  or  imreasonable  prejudice  or  disadvantage  in  any 
respect  whatsoever.    Act  to  Regulate  Commerce,  sec.  3. 


482 


ALABAMA  If  any  railroad  company  or  other  common 

carrier  shall  directly  or  indirectly  make  or  give  any  undue  or  un- 
reasonable preference  or  advantage  to  any  particular  person, 
firm,  corporation  or  locality  or  subject  any  particular  person,  firm 
or  corporation  or  locality  to  any  undue  or  unreasonable  prejudice 

1958  or  disadvantage  in  any  respect  whatsoever,  such  railroad  or  com- 
mon carrier  shall  be  guilty  of  imjust  discrimination,  which  is 
prohibited  and  declared  unlawful,  and  shall  be  liable  to  the  state 
in  a  penalty  of  not  less  than  $500  nor  more  than  $5,000  for  each 
offense.     Code  1907,  sec.  5540. 

ARIZONA  No  public  service  corporation  shall  as  to  rates, 

charges,  service,  facilities  or  in  any  other  respect,  make  or  grant 
any  preference  or  advantage  to  any  corporation  or  person,  or 
subject  any  corporation  or  person  to  any  prejudice  or  disadvan- 

1969  tage.  No  public  service  corporation  shall  establish  or  maintain 
any  unreasonable  difference  as  to  rates,  charges,  service,  facilities, 
or  in  any  other  respect,  either  as  between  localities  or  as  between 
classes  of  service.  Commission  shall  have  the  power  to  deter- 
mine any  question  or  fact  arising  under  this  section.  Sess.  Laws 
igi2,  ch.  go,  sec.  ig. 

CALIFORNIA  A  provision  for  public  utilities  identical  with 

1960  par.  1959.    Stats,  igii,  ist.  ex.  sess.,  ch.  14,  sec.  ig. 

COLORADO  It  shall  be  unlawful  for  any  common  carrier 

to  make  or  give  any  undue  or  unreasonable  preference  or  advan- 
tage to  any  particiilar  person,  company,  firm,  corporation  or 
locality  or  concerning  any  particular  description  of  freight  traffic, 

1961  in  any  respect  whatsoever,  or  to  subject  any  particular  person, 
company,  firm,  corporation  or  locality,  or  any  particular  freight 
traffic,  to  any  undue  or  unreasonable  prejudice  or  disadvantage, 
in  any  such  respect  whatsoever;  provided  that  perishable  prod- 
ucts and  live  stock  may  be  made  special  shipments  and  handled 
accordingly.     Laws  igio,  sp.  sess.,  ch.  5,  sec.  5. 

INDIANA  It  shall  be  an  unjust  discrimination  for  any 

railroad  company  to  make  or  give  any  undue  or  unreasonable 
preference  or  advantage  to  any  particular  person,  firm,  corpora- 
tion or  locality,  in  connection  with  the  transportation  of  any 

1962  persons  or  property,  or  to  subject  any  particular  kind  of  traffic, 
or  any  particular  person,  place  or  locality  to  any  undue  or  un- 
reasonable prejudice,  delay  or  disadvantage  in  any  respect 
whatsoever.     Acts  igoy,  ch.  241,  sec.  ijia). 

See  also  par.  1745. 

483 


IOWA  It  shall  be  unlawful  for  any  common  carrier  to 

make  or  give  any  preference  or  advantage  to  any  particular  per- 
son, company,  firm,  corporation  or  locality,  or  any  particular 
description  of  traffic,  in  any  respect  whatsoever,  or  subject  any 
particular  person,  company,  firm,  corporation  or  locality,  or  any 

1963  particular  description  of  traffic  to  any  prejudice  or  disad- 
vantage in  any  respect  whatsoever;  but  this  shall  not  be  con- 
strued to  prevent  any  common  carrier  from  giving  preference 
as  to  time  of  shipment  of  live  stock,  imcured  meats  or  other 
perishable  property.     Code  iSgy,  sec.  212$. 

See  also  par.  igoo. 

KANSAS  It  shall  be  unlawful  for  any  railroad  company 

or  other  common  carrier  to  grant,  any  special  privileges  to  any 
person,  firm  or  corporation,  either  in  the  way  of  a  preference  in 
furnishing  cars,  side  track  facilities,  sites  for  elevators,  mills  or 
warehouses,  or  any  other  form  of  preference,  privilege  or  discrim- 
ination.   It  shall  be  unlawful  for  any  railroad  company  or  other 

1964  common  carrier,  or  any  agent  or  employe  thereof,  or  for  any 
person,  firm  or  corporation  to  enter  into  any  secret  agreement 
with  any  firm,  person  or  corporation  for  the  piupose  of  giving  any 
firm,  person  or  corporation  any  special  privileges,  favors  or  dis- 
criminations in  favor  of  such  firm,  person  or  corporation.  Gen. 
Stats,  igog,  sec.  yi8i. 

See  also  par.  1747. 

KENTUCKY  It  shall  be  imlawful  for  any  corporation  to 

make  or  give  any  undue  or  imreasonable  preference  or  advantage 
to  any  particular  person  or  locality,  or  any  particular  description 
of  traffic,  in  any  respect  whatever,  in  the  transportation  of  a  like 

1966  kind  of  traffic;  or  to  subject  any  particiilar  person,  company, 
firm,  corporation  or  locality,  or  any  particular  description  of 
traffic  to  any  undue  or  unreasonable  prejudice  or  disadvantage. 
CarrolVs  Stats,  igog,  sec.  818. 
See  also  par.  534. 

MARYLAND  No  gas  or  electrical  corporation  shall  make  or 

grant  any  undue  or  unreasonable  preference  or  advantage  to  any 
person,  corporation  or  locality,  or  to  any  particular  description 

1966  of  service,  in  any  respect  whatsoever,  or  subject  any  particular 
person,  corporation  or  locality  or  any  particular  description  of 
service  to  any  undue  or  imreasonable  prejudice  or  disadvantage 
in  any  respect  whatsoever.     Laws  igio,  ch.  180,  sec.  31M. 

No  telegraph  or  telephone  company  shall  make  or  give  any 

484 


tinjust  or  undue  preference  or  advantage  in  rates  charged  or  de- 
manded, or  in  any  other  respect  whatsoever,  or  subject  any 

1967  particular  person,  corporation  or  locality  to  any  unfair  prejudice 
or  disadvantage,  but  shall  furnish  equal  facilities  to  their  patrons 
and  transmit  all  messages  in  the  order  in  which  they  are  received. 
Same,  sec.  40. 

See  also  pars.  537,  538,  539. 

MASSACHUSETTS  A  railroad  corporation  shall  not  in  its  charge 
for  the  transportation  of  freight,  or  in  the  conduct  of  its  freight 
business,  make  or  give  any  undue  or  unreasonable  preference  or 

1968  advantage  to  or  in  favor  of  any  person,  firm  or  corporation,  nor 
subject  any  person,  firm  or  corporation  to  any  luidue  or  unrea- 
sonable prejudice  or  disadvantage.  Acts  iqo6,  ch.  463,  pt.  «, 
sec.  201. 

MICHIGAN  A  provision  identical  with  par.  1957.     Puh. 

1969  Acts  iQog,  no.  300,  sec.  ly. 

It  shall  be  unlawful  for  any  telephone  corporation  to  make 
or  give  any  preference  or  advantage  to  any  person,  company, 

1970  firm,  corporation  or  locality,  or  subject  any  person,  company, 
firm,  corporation  or  locality  to  any  prejudice  or  disadvantage  in 
any  respect  whatever.     Puh.  Acts  1911,  no.  138,  sec.  5. 

MINNESOTA  Substantially  identical  with  par.  1957,  except 

1971  that  "unequal  or  unreasonable"  is  used  instead  of  "undue  or 
unreasonable."    Rev.  Laws  1905,  sec.  2009. 

MISSISSIPPI  See  pars.  382,  808,  1824,  1825,  1826. 

MISSOURI  It  shall  be  unlawful  for  any  common  carrier 

to  make  or  give  any  undue  or  iinreasonable  preference  or  advan- 
tage to  any  particular  person,  company  or  firm,  corporation  or 
locality,  in  the  transportation  of  goods,  wares  and  merchandise 
of  any  character,  or  to  subject  any  particular  person,  firm,  cor- 
poration or  locality,  or  any  particular  description  of  traffic,  to 
any  undue  or  unreasonable  prejudice  or  disadvantage  with 
respect  to  such  transportation;  and  all  such  common  carriers 

1972  shall  afford  equal  faciUties  for  the  interchange  of  traffic  between 
their  respective  lines  and  for  receiving,  forwarding  and  switching 
cars  and  delivering  property  to  and  from  their  lines  and  to  and 
from  other  lines  and  places  connected  therewith,  and  shall  not 
discriminate  in  their  accommodation,  rates  and  charges  between 
such  connecting  lines  and  places.  But  this  provision  shall  not 
be  construed  as  requiring  such  common  carriers  to  give  the  use 

485 


or  their  traffic  or  terminal  facilities  to  other  common  carriers 
engaged  in  a  similar  business.    Rev.  Stats,  igog,  sec.  3184. 

All  express  companies  or  corporations  are  prohibited  from 
discriminating  in  favor  of  any  particular  shipper  in  any  manner 
whatever,  directly  or  indirectly,  by  any  special  rate,  rebate, 
drawback  or  other  device,  and  it  shall  be  unlawful  for  any  such 
company  or  corporation  to  give  any  undue  or  luireasonable  pref- 
erence or  advantage  to  any  particular  person,  company,  firm, 

1973  corporation  or  locality,  or  any  particular  description  of  traffic 
(or  subject  the  same)  to  any  undue  or  unreasonable  prejudice  or 
disadvantage  with  respect  to  such  transportation;  and  all  such 
express  companies  or  corporations  shall  afford  equal  facilities  for 
the  interchange  of  traffic  between  their  respective  lines  and  shall 
not  discriminate  in  their  accommodations,  rates,  classifications 
or  charges  between  such  connecting  lines  and  places.  Same, 
sec.  3289. 

See  also  par.  545. 

NEBRASBIA  If  any  railway  company  or  common  carrier, 

through  or  by  its  officers,  agents  or  employes,  makes  or  gives  any 
imdue  or  unreasonable  preference  or  advantage  to  any  particular 
person,  company,  firm,  corporation  or  locality,  or  subjects  any 

1974  particular  description  of  traffic  to  any  undue  or  unreasonable 
prejudice,  delay  or  disadvantage  in  any  respect  whatsoever,  the 
same  shall  constitute  an  tmjust  discrimination,  which  is  pro- 
hibited.    Cobbey^s  Annot.  Stats,  igog,  sec.  10662(a). 

See  also  pars.  iy6i,  1^62,  1763,  2323. 

NEVADA  Identical  with  par.  1957.    Stats,  igoy,  ch.  44, 

1976  sec.  23. 

NEW  HAMPSHIRE  No  railroad  corporation  or  public  utility  shall 
make  or  give  any  undue  or  unreasonable  preference  or  advantage 
to  any  person  or  corporation  or  to  any  locality  or  to  any  partic- 
ular description  of  service,  in  any  respect  whatsoever,  or  subject 
any  particular  person  or  corporation  or  locality  or  any  particular 
description  of  service  to  any  undue  or  unreasonable  prejudice  or 
disadvantage,  in  any  respect  whatsoever;  provided,  however, 
that  the  provisions  of  this  section  shall  not  be  taken  to  require 
absolute  uniformity  in  the  charges  made  and  demanded  by  pub- 

i97«  lie  utilities  when  the  circttmstances  render  any  lack  of  uniformity 
reasonable,  or  be  taken  to  prevent  telephone,  telegraph  and 
cable  companies  from  entering  into  contracts,  subject  to  the 
approval  of  commission,  with  common  carriers  for  the  exchange  of 

486 


services,  or  to  affect  existing  contracts  relating  thereto;  and  pro- 
vided, further,  that  said  provisions  shall  not  be  taken  to  prohibit 
a  public  utility  from  establishing  differential  rates  or  a  sliding 
scale  for  the  automatic  adjustment  of  such  charges  if  said  rates 
or  sliding  scale,  subject  to  the  approval  of  commission,  shall  be 
reasonable  and  just.  Laws  igii,  ch.  164,  sec.  y{d). 
See  also  par.  j4q. 

NEW  JERSEY  No  public  utility  shall  make  or  give,  directly 

or  indirectly,  any  undue  or  unreasonable  preference  or  advantage 
to  any  person  or  corporation,  or  to  any  locality,  or  to  any  partic- 

1977  ular  description  of  traffic,  in  any  respect  whatsoever,  or  subject 
any  particular  person  or  corporation  or  locality,  or  any  partic- 
ular description  of  traffic  to  any  prejudice  or  disadvantage,  in 
any  respect  whatsoever.     Laws  igii,  ch.  igjy  sec.  i8{d). 

NEW  YORK  A  provision  for  common  carriers  substantially 

1978  identical  with  par.  1957;  also  a  provision  for  gas  or  electrical 
corporations  identical  with  par.  1966.  Laws  igio,  ch.  480,  sees. 
32,  65{3). 

No  telegraph  or  telephone  corporation  shall  make  or  give  any 
undue  or  unreasonable  preference  or  advantage  to  any  person, 

1979  corporation  or  locality,  or  subject  any  particular  person,  corpora- 
tion or  locality  to  any  tmdue  or  unreasonable  prejudice  or  disad- 
vantage, in  any  respect  whatsoever.     Same,  sec.  91  {3). 

Nothing  in  this  chapter  shall  be  construed  to  prevent  any 
telegraph  or  telephone  corporation  from  continmng  to  furnish 
the  use  of  its  lines,  equipment  or  service  under  any  contract  or 
contracts  in  force  at  the  date  this  article  takes  effect,  or  upon 
the  taking  effect  of  any  schedule  or  schedules  of  rates  subse- 
quently filed  with  commission,  as  hereinafter  provided,  at  the  rate 

1980  or  rates  fixed  in  such  contract  or  contracts;  provided,  however, 
that  when  any  such  contract  or  contracts  are  or  become  ter- 
minable by  notice,  commission  shall  have  power  in  its  discretion 
to  direct  by  order  that  such  contract  or  contracts  shall  be  ter- 
minated by  the  telegraph  or  telephone  corporation  party  thereto, 
and  thereupon  such  contract  or  contracts  shall  be  terminated  by 
such  telegraph  or  telephone  corporation  as  and  when  directed 
by  such  order.     Same,  sec.  91  {4). 

See  also  pars,  551,  552,  553. 

NORTH  CAROLINA  If  any  common  carrier  shall,  directly  or  in- 
directly, by  any  special  rate,  rebate,  drawback  or  other  device, 
make  or  give  any  tmdue  or  tmreasonable  preference  or  advantage 

487 


to  any  particular  person,  company,  firm,  corporation  or  locality, 
or  any  particiilar  description  of  traffic,  in  any  respect  whatso- 
ever, or  shall  subject  any  particular  person,  company,  firm,  cor- 

1981  poration  or  locality,  or  any  particular  description  of  traffic,  to 
any  undue  or  imreasonable  prejudice  or  disadvantage,  in  any 
respect  whatsoever,  such  person  or  corporation  shall  be,  upon 
conviction  thereof,  fined  not  less  than  $i,ooo,  nor  more  than 
$5,000  for  each  and  every  offense.  PelVs  Revisal  igo8,  sec. 
3749- 

NORTH  DAKOTA  A  provision  for  railroads,  railroad  corpora- 
tions or  common  carriers  identical  with  par.  1963.     Rev.  Codes 

1982  1905,  sec.  4333. 

See  also  pars.  1769,  lyjo,  1931. 

OHIO  A  provision  for  common  carriers  substantially 

1983  identical  with  par.  1957.    Code  igio,  sec.  j6y. 

No  public  utility  shall  make  or  give  any  tmdue  or  imreason- 
able preference  or  advantage  to  any  person,  firm,  corporation  or 

1984  locality,  or  subject  the  same  to  any  undue  or  unreasonable  preju- 
dice or  disadvantage,  in  any  respect  whatsoever.  Laws  igii, 
no.  325,  sec.  17. 

The  furnishing  by  any  public  utility  of  any  product  or  serv- 
ice at  the  rates  and  upon  the  terms  and  conditions  provided  for 
in  any  existing  contract  executed  prior  to  the  passage  of  this  act 
shall  not  be  construed  as  constituting  a  discrimination  or  imdue 
or  unreasonable  preference  or  advantage  within  the  meaning 
1986  specified;  provided,  however,  that  when  any  such  contract  or 
contracts  are  or  become  terminable  by  notice,  commission  shall 
have  power  in  its  discretion  to  direct  by  order  that  such  contract 
or  contracts  shall  be  terminated  as  and  when  directed  by  such 
order.     Same,  sec.  21. 

See  also  par.  §59. 

OKLAHOMA  See  par.  326. 

OREGON  If  any  railroad  shall  make  or  give  any  undue 

or  unreasonable  preference  or  advantage  to  any  particular  per- 
son, firm  or  corporation,  or  shall  subject  any  particular  person, 
firm,  or  corporation,  or  particular  description  of  traffic,  to  any 
tindue  or  unreasonable  prejudice  or  disadvantage,  in  any  respect 

1986  whatsoever,  such  railroad  shall  be  deemed  guilty  of  imjust  dis- 
crimination, which  is  prohibited  and  declared  unlawful;  provided 
this  section  shall  not  prohibit  any  railroad  from  giving  necessary 

488 


preference  to  live  stock  and  perishable  freight  over  other  freight. 
Gen.  Laws  iQoy,  ch.  55,  sec.  4Q. 

If  any  raikoad  shall  make  or  give  any  undue  or  unreasonable 
preference  or  advantage  to  any  particular  locality,  or  shall  sub- 
ject any  particvilar  locality  to  any  undue  or  unreasonable  preju- 
dice or  disadvantage,  in  any  respect  whatsoever,  such  railroad 

1987  shall  be  deemed  guilty  of  unjust  discrimination,  which  is  pro- 
hibited and  declared  unlawful;  provided  this  section  shall  not 
prohibit  any  railroad  from  giving  any  necessary  preference  to 
live  stock  and  perishable  freight  over  other  freight.  Gen.  Laws 
igoQ,  ch.  p7,  sec.  i. 

If  any  public  utility  shall  make  or  give  any  undue  or  im- 
reasonable  preference  or  advantage  to  any  particular  person, 
firm  or  corporation,  or  to  any  particular  locality,  or  shall  subject 
any  particular  person,  firm,  corporation  or  locality  to  any  undue 
or  unreasonable  prejudice  or  disadvantage,  in  any  respect  what- 

1988  soever,  such  public  utiUty  shall  be  deemed  guilty  of  unjust  dis- 
crimination, which  is  prohibited  and  declared  unlawful.  Any 
person,  firm  or  corporation  convicted  of  violating  any  of  the  pro- 
visions of  this  section  shall  forfeit  and  pay  into  the  state  treasury 
not  less  than  $100,  nor  more  than  $10,000  for  each  offense;  and 
any  agent  or  officer  of  any  public  utility,  person,  firm  or  corpora- 
tion so  offending  shall  be  deemed  guilty  of  a  misdemeanor,  and 
on  conviction  thereof  shall  be  punished  by  a  fine  of  not  less  than 
$100,  nor  more  than  $1,000  for  each  offense.  Gen.  Laws  1911, 
ch.  2jg,  sec.  6^. 

See  also  pars.  748,  2325. 

PENNSYLVANIA        See  par.  1778. 

RHODE  ISLAND  If  any  public  utility  shall  make  or  give  any 
undue  or  unreasonable  preference  or  advantage  to  any  partic- 
ular person,  firm  or  corporation,  or  shall  subject  any  particular 
person,  firm  or  corporation  to  any  undue  or  imreasonable  preju- 

1989  dice  or  disadvantage,  in  any  respect  whatsoever,  such  public 
utility  shall  be  deemed  guilty  of  a  misdemeanor,  and  upon  con- 
viction thereof  shall  be  fined  not  less  than  $200  nor  more  than 
$500  for  each  offense.     Acts  191 2,  ch.  795,  sec.  40. 

SOUTH  CAROLINA  No  telephone  company  shall  make  any  differ- 
ence in  the  rates  at  which  they  f  Lunish  telephones  and  telephone 
service  to  its  patrons  or  subscribers  at  its  different  offices  or 
places  of  business  in  the  several  cities  or  towns,  more  than  is  nec- 
essary on  account  of  the  difference  in  the  cost  of  supplying  such 

489 


telephones  and    telephone    service,    the    number    of    its  sub- 

1990  scribers  at  its  different  offices  or  places  of  business  being  taken 
into  consideration.  Any  telephone  company  which  shall  \dolate 
the  provisions  of  this  section  shall  pay  a  forfeit  to  each  of  its 
subscribers  or  patrons  when  it  charges  such  higher  rate  double 
the  difference  between  the  rate  so  unlawfully  charged  and  the 
rate  which  shoiild  be  charged,  according  to  the  provisions  of  this 
section,  to  be  recovered  by  suit  in  any  court  of  competent  juris- 
diction.    Gen.  Stats.  igo2,  sec.  2222. 

SOUTH  DAKOTA       Identical  with  par.   1963.     Sess.  Laws  igii, 

1991  ch.  20^,  sec.  7. 

See  also  pars.  lySo,  1938. 

TENNESSEE  A  provision  substantially  identical  with  par. 

1992  1965.    Acts  iSgy,  ch.  10,  sec.  ly. 

Any  railroad  corporation  that  shall  be  guilty  of  extortion  or 
unjust  discrimination,  or  of  giving  to  any  description  of  traffic 

1993  any  undue  or  unreasonable  preference  or  advantage,  shall  upon 
conviction,  be  fined  in  any  sum  not  less  than  $500  nor  more  than 
$2,000.     Same,  sec.  19. 

TEXAS  It  shall  be  an  unjust  discrimination  for  any 

railroad  to  make  or  give  any  undue  or  tinreasonable  preference 
or  advantage  to  any  particular  person,  company,  firm,  corpora- 

1994  tion  or  locality,  or  to  subject  any  particular  description  of  traffic 
to  an}^  undue  or  unreasonable  prejudice,  delay  or  disadvantage, 
in  any  respect  whatsoever.     Sayles^  Civ.  Stats.  1897,  art.  4jy4(i). 

If  any  officer,  agent,  clerk,  servant  or  employe,  or  receiver, 
or  his  agents,  servants  or  employes,  of  any  railroad  company 
shall,  for  and  on  behalf  of  such  railroad  company,  make  or  give 
any  undue  or  unreasonable  preference  or  any  advantage  to  any 
particular  person,  company,  firm,  corporation  or  locality,  as  to 
any  service  rendered  or  to  be  rendered  or  performed  by  such  rail- 
1996  road  company,  or  subject  any  particular  description  of  traffic 
of  such  railroad  company  to  any  imdue  or  unreasonable  prejudice, 
delay  or  disadvantage,  in  any  respect  whatever,  such  officer,  clerk, 
servant  or  employe,  or  receiver,  his  agents,  servants  or  em- 
ployes, of  such  railroad  company,  shall  be  deemed  guilty  of  un- 
just discrimination,  and  on  conviction  thereof  shall  be  punished 
by  confinement  in  the  state  penitentiary  for  not  less  than  two 
nor  more  than  five  years.  Laws  1899,  ch.  118,  sec.  i. 
See  also  par.  1784. 

490 


VIRGINIA  A    provision    for    transportation    companies 

1996  identical  with  par.  1957.    Pollard's  Code  igo4,  sec.  I2g4c(j). 

See  also  par.  884. 

WASHINGTON  A  provision  for  common  carriers  substantially 

identical  with  par.  1957;  also  a  provision  for  gas,  electrical  or 

1997  water  companies  identical  with  par.  1966.  Laws  igii,  ch.  iiy, 
sees.  2iy  JO. 

Nothing  in  this  act  shall  be  construed  to  prevent  any  gas, 
electrical  or  water  company  from  continuing  to  furnish  its  prod- 
uct or  use  of  its  lines,  equipment  or  service  under  any  contract 
or  contracts  in  force  at  the  date  this  act  takes  effect,  or  upon  the 
taking  effect  of  any  schedule  or  schedules  of  rates  subsequently 
filed  with  commission,  as  herein  provided,  at  the  rates  fixed  in 
such  contract  or  contracts;  provided  that  commission  shall  have 

1998  power  in  its  discretion  to  direct  by  order  that  such  contract  or 
contracts  shall  be  terminated  by  the  company  party  thereto,  and 
thereupon  such  contract  or  contracts  shall  be  terminated  by  such 
company  as  and  when  directed  by  such  order;  provided,  further, 
that  commission  shall  have  no  power  to  order  the  termination  of 
any  such  contract  relating  to  the  f lunishing  of  water  for  irriga- 
tion or  irrigation  and  domestic  use,  where  such  contract  is  based 
upon  a  consideration  passing  at  the  time  of  the  execution  of  such 
contract.     Same,  sec.  34. 

1999  Also  a  provision  for  telegraph  or  telephone  companies  iden- 
tical with  par.  1980.    Same,  sec.  42. 

Nothing  in  this  act  shall  be  construed  to  prevent  any 
telegraph  or  telephone  company  from  continuing  to  furnish 
the  use  of  its  line,  equipment  or  service  under  any  contract  or 
contracts  in  force  at  the  date  this  act  takes  effect,  or  upon 
the  taking  effect  of  any  schedule  or  schedule  of  rates  subse- 
quently filed  with  commission,  as  herein  provided,  at  the  rates 

2000  fixed  in  such  contract  or  contracts;  provided,  however,  that  com- 
mission shall  have  power  in  its  discretion  to  direct  by  order  that 
such  contract  or  contracts  shall  be  termuiated  by  the  telephone 
or  telegraph  company  party  thereto,  and  thereupon  such  con- 
tract or  contracts  shall  be  terminated  by  such  telephone  or  tele- 
graph company  as  and  when  directed  by  such  order.  Same^ 
sec.  43. 

2001  Also  a  provision  for  wharfingers  or  warehousemen  substan- 
tially identical  with  par.  1966.    Same,  sec.  50. 

WISCONSIN  If  any  railroad  shall  make  or  give  any  undue  or 

unreasonable  preference  or  advantage  to  any  particular  person, 

4QI 


firm  or  corporation,  or  shall  subject  any  particular  person,  firm 

2002  or  corporation  to  any  undue  or  imreasonable  prejudice  or  disad- 
vantage, in  any  respect  whatsoever,  such  railroad  shall  be 
deemed  guilty  of  imjust  discrimination,  which  is  prohibited  and 
declared  imlawful.     Laws  igoj,  ch.  j62,  sec.  iygy-2j. 

If  any  public  utility  shall  make  or  give  any  undue  or  un- 
reasonable preference  or  advantage  to  any  particular  person,  firm 
or  corporation,  or  shall  subject  any  particular  person,  firm  or 

2003  corporation  to  any  imdue  or  imreasonable  prejudice  or  disadvan- 
tage, in  any  respect  whatsoever,  such  pubhc  utility  shall  be 
deemed  guilty  of  unjust  discrimination,  which  is  prohibited  and 
declared  unlawful.     Laws  igoy,  ch.  4gQ,  sec.  lygym-gi. 

The  furnishing  by  any  public  utility  of  any  product  or 
service  at  the  rates  and  upon  the  terms  and  conditions  provided 
for  in  any  existing  contract  executed  prior  to  April  i,  1907,  shall 

2004  not  constitute  a  discrimination  within  the  meaning  specified. 
Any  person,  firm  or  corporation  violating  the  provisions  of  this 
section  shall  be  deemed  guilty  of  a  misdemeanor  and  on  convic- 
tion thereof  shall  be  pimished  by  a  fine  of  not  less  than  $50,  nor 
more  than  $1,000  for  each  offense.     Same. 


G.  ASSISTING  OR  PERMITTING  PATRONS 
TO  SECURE  SPECIAL  FAVORS  OR  ADVAN- 
TAGES, OR  RATES  OTHER  THAN  THOSE 
LAWFULLY  ESTABLISHED. 

UNITED  STATES  Any  common  can-ier  or  whenever  such  common 
carrier  is  a  corporation,  any  officer  or  agent  thereof,  or  any  person 
acting  for  or  employed  by  such  corporation,  who,  by  means  of 
false  billing,  false  classification,  false  weighing  or  false  report  of 
weight,  or  by  any  other  device  or  means  shall  knowingly  and  wil- 
fully assist  or  shall  wilHngly  suffer  or  permit  any  person  or  per- 
sons to  obtain  transportation  for  property  at  less   than  the 

2005  regular  rates  then  established  and  in  force  on  the  line  of  trans- 
portation of  such  common  carrier,  shall  be  deemed  guilty  of  a 
misdemeanor,  and  shall  upon  conviction  thereof  in  any  court  of 
the  United  States  of  competent  jurisdiction  within  the  district  in 
which  such  offense  was  committed,  be  subject  to  a  fine  of  not 
exceeding  $5,000,  or  imprisonment  in  the  penitentiary  for  a  term 
of  not  exceeding  two  years,  or  both,  in  the  discretion  of  the  coiut, 
for  each  offense.     Act  to  Regulate  Commerce,  sec.  10. 

492 


ARIZONA,  CALIFORNIA 

No  common  carrier  or  any  officer  or  agent 
thereof  or  any  person  acting  for  or  employed  by  it,  shall  by 
means  of  known  false  billing,  classification,  weight,  weighing 
or  report  of  weight  or  by  any  other  device  or  means,  assist, 
suffer  or  permit  any  corporation  or  person  to  obtain  transporta- 

2006  tion  for  any  person  or  property  between  points  within  the  state 
at  less  than  the  rates  and  fares  then  established  and  in  force  as 
shown  by  the  schedules  filed  and  in  effect  at  the  time.  Ariz. — 
Sess.  Laws  igi2,  ch.  go,  sec.  2j{a);  Cat. — Stats,  igii,  ist.  ex. 
sess.,  ch.  14,  sec.  2j{a). 

KANSAS  See  pars.  1816,  1^64. 

MARYLAND  No  common  carrier  or  any  officer  or  agent 

thereof  or  any  person  acting  for  or  employed  by  it,  shall  assist, 
suffer  or  permit  any  person  or  corporation  to  obtain  transporta- 
tion for  any  passenger,  freight  or  property  between  points  within 

2007  the  state  at  less  than  the  rates  then  established  and  in  force  in 
accordance  with  the  schediiles  filed  and  published  in  accordance 
with  the  provisions  of  this  act  and  the  order  of  commission,  by 
means  of  false  billing,  false  classification,  false  weight  or  weighing 
or  false  report  of  weight  or  by  any  other  device  or  means.  Laws 
1910,  ch.  180,  sec.  ly. 

MINNESOTA  It  shall  be  imlawful  for  any  common  carrier 

directly  or  indirectly  to  offer  or  give  any  shipper  in  connection 
with  or  as  an  inducement  or  reward  for  receiving  any  property 
for  transportation  from  any  such  shipper,  any  gift,  gratuity  or 

2008  free  pass  whereby  any  passenger  or  freight  shall  thereafter  be 
transported  over  the  lines  of  such  common  carrier  free  or  at  any 
rate  less  than  that  offered  to  the  public,  and  such  common  carrier 
shall  be  deemed  guilty  of  unjust  discrimination  and  shall  be  pun- 
ished by  a  fine  not  exceeding  $5,000.     Acts  1905,  ch.  777,  sec.  i. 

NEW  YORK  Substantially  identical  with  par.  2007.    Laws 

2009  1910,  ch.  480,  sec.  34. 

SOUTH  DAKOTA      Substantially  identical  with  par.  2005.     Sess. 

2010  Laws  igii,  ch.  2oy,  sec.  14. 

TEXAS  Any  officer  or  agent  of  any  railroad,  who,  by 

means  of  false  billing,  false  classification,  false  weight  or  by  any 
other  device,  shall  suffer  or  permit  any  person  or  persons  to  ob- 
tain transportation  for  property  at  less  than  the  regular  rates 

2011  then  in  force  on  such  railroad,  or  who,  by  means  of  false  billing, 

493 


false  classification,  false  weighing  or  by  any  device  whatever, 
shall  charge  any  person,  firm  or  corporation  more  for  the  trans- 
portation of  property  than  the  regular  rates,  shall  be  guilty  of  a 
misdemeanor  and  on  conviction  thereof,  fined  in  a  sum  not  less 
than  $ioo  nor  more  than  $i,ooo.     Penal  Code,  art.  iooq. 

VIRGINIA  Any  transportation  company  or  officer  or  agent 

thereof,  or  any  person  acting  for  or  employed  by  the  same,  who, 
by  means  of  false  billing,  false  classification,  false  weighing  or 
false  report  of  weight,  or  by  any  other  device  or  means  shall 

2012  knowingly  and  wilfully  assist  or  shall  willingly  suffer  or  permit 
any  person  or  persons  to  obtain  transportation  for  property  at 
less  than  the  regular  rates  then  established  and  in  force  on  the 
line  of  transportation  of  such  company,  shall  be  fined  not  less 
than  $ioo  nor  more  than  $500.  Pollard's  Code  1Q04,  sec.  I2g4c{g). 

WASHINGTON  Substantially  identical  with  par.  2007.     Laws 

2013  igii,  ch.  iiy,  sec.  2j. 


H.  SOLICITING,  ACCEPTING  OR  RECEIVING 
SPECIAL  FAVORS  OR  ADVANTAGES,  OR 
RATES  OTHER  THAN  THOSE  LAWFULLY 
ESTABLISHED. 

UNITED  STATES  Any  person,  corporation  or  company  or  any 
agent  or  officer  thereof,  who  shall  deliver  property  for  transporta- 
tion to  any  common  carrier  or  for  whom  as  consignor  or  con- 
signee any  such  carrier  shall  transport  property,  who  shall  know- 
ingly and  wilfully  directly  or  indirectly,  himself  or  by  employe, 
agent,  officer  or  otherwise  by  false  billing,  false  classification, 
false  weighing,  false  representation  of  the  contents  of  the  package 
or  the  substance  of  the  property,  false  report  of  weight,  false 
statement  or  by  any  other  device  or  means  whether  with  or  with- 
out the  consent  or  connivance  of  the  carrier,  its  agent  or  officer, 
obtain  or  attempt  to  obtain  transportation  for  such  property  at 
less  than  the  regular  rates  then  established  and  in  force  on  the 
line  of  transportation;  or  who  shall  knowingly  and  wilfully  di- 
rectly or  indirectly,  himself  or  by  employe,  agent,  officer  or 
otherwise  by  false  statement  or  representation  as  to  cost,  value, 
nature  or  extent  of  injury  or  by  the  use  of  any  false  bill,  bill  of 

aou  lading,  receipt,  voucher,  roll,  account,  claim,  certificate,  affidavit, 
or  deposition  knowing  the  same  to  be  false,  fictitious  or  fraudu- 

494 


lent  or  to  contain  any  false,  fictitious  or  fraudulent  statement  oi 
entry,  obtain  or  attempt  to  obtain  any  allowance,  refund  or  pay- 
ment for  damage  or  otherwise  in  connection  with  or  growing  out 
of  the  transportation  of  or  agreement  to  transport  such  property, 
whether  with  or  \\dthout  consent  or  connivance  of  the  carrier, 
whereby  the  compensation  of  such  carrier  for  such  transportation 
either  before  or  after  payment  shall  in  fact  be  made  less  than  the 
regular  rates  then  established  and  in  force  on  the  line  of  trans- 
portation, shall  be  deemed  guilty  of  fraud,  which  is  declared  to 
be  a  misdemeanor,  and  shall  upon  conviction  thereof  in  any  court 
of  the  United  States  of  competent  jurisdiction,  within  the  district 
in  which  such  offense  was  wholly  or  in  part  committed,  be  subject 
for  each  offense  to  a  fine  of  not  exceeding  $5,000,  or  imprisonment 
in  the  penitentiary  for  a  term  of  not  exceeding  two  years,  or  both, 
in  the  discretion  of  the  court;  provided,  that  the  penalty  of  im- 
prisonment shall  not  apply  to  artificial  persons.  Act  to  Regulate 
Commerce,  sec.  10. 

If  any  person  or  any  officer  or  agent  of  any  corporation  or 
company  shall  by  payment  of  money  or  other  thing  of  value, 
solicitation  or  otherwise,  induce  or  attempt  to  induce  any  com- 
mon carrier  or  any  of  its  officers  or  agents  to  discriminate  un- 
justly in  his,  its  or  their  favor,  as  against  any  other  consignor  or 
consignee  in  the  transportation  of  property,  or  shall  aid  or  abet 
any  common  carrier  in  any  such  unjust  discrimination,  such 
person  or  such  officer  or  agent  of  such  corporation  or  company 
shall  be  deemed  guilty  of  a  misdemeanor,  and  shall  upon  convic- 
2015  tion  thereof  in  any  court  of  the  United  States  of  competent  juris- 
diction within  the  district  in  which  such  offense  was  committed, 
be  subject  to  a  fine  of  not  exceeding  $5,000,  or  imprisonment  in 
the  penitentiary  for  a  term  of  not  exceeding  two  years,  or  both, 
in  the  discretion  of  the  court,  for  each  offense;  and  such  person, 
corporation  or  company  shall  also,  together  with  said  common 
carrier,  be  liable  jointly  or  severally  in  an  action  to  be  brought 
by  any  consignor  or  consignee  discriminated  against  in  any 
court  of  the  United  States  of  competent  jurisdiction  for  all  dam- 
ages caused  by  or  resulting  therefrom.     Same. 

It  shall  be  unlawful  for  any  person,  persons  or  corporation 
to  offer,  grant  or  give  or  to  solicit,  accept  or  receive  any  rebate, 
concession  or  discrimination  in  respect  to  the  transportation  of 
any  property  in  interstate  or  foreign  commerce  by  any  common 
carrier  whereby  any  such  property  shall,  by  any  device  whatever, 
be  transported  at  a  less  rate  than  that  named  in  the  tariffs  pub- 

495 


S016  lished  and  filed  by  such  carrier  as  is  required  by  law  or  whereby 
any  other  advantage  is  given  or  discrimination  is  practiced. 
Every  person  or  corporation  whether  carrier  or  shipper  who  shall 
knowingly  offer,  grant  or  give  or  solicit,  accept  or  receive  any 
such  rebates,  concession  or  discrimination,  shall  be  deemed 
guilty  of  a  misdemeanor  and  on  conviction  thereof  shall  be  pun- 
ished by  a  fine  of  not  less  than  $i,ooo  nor  more  than  $20,000. 
Elkins  Act,  sec.  i.  ■ 

Any  person  or  any  officer  or  director  of  any  corporation  sub- 
ject to  the  provisions  of  this  act,  or  the  act  to  regulate  commerce 
as  amended,  or  any  receiver,  trustee,  lessee,  agent  or  person 
acting  for  or  employed  by  any  such  corporation,  who  shall  be 
convicted  as  aforesaid,  shall,  in  addition  to  the  fine  herein  pro- 
vided for,  be  liable  to  imprisonment  in  the  penitentiary  for  a  term 
of  not  exceeding  two  years,  or  both  such  fine  and  imprisonment, 

2017  in  the  discretion  of  the  court.  Every  violation  of  this  act  shall 
be  prosecuted  in  any  court  of  the  United  States  having  juris- 
diction of  crimes  within  the  district  in  which  such  violation  was 
committed,  or  through  which  the  transportation  may  have  been 
conducted;  and  whenever  the  offense  is  begun  in  one  jurisdiction 
and  completed  in  another,  it  may  be  dealt  with,  inquired  of, 
tried,  determined,  and  punished  in  either  jurisdiction  in  the  same 
manner  as  if  the  offense  had  been  actually  and  wholly  committed 
therein.     Same. 

In  construing  and  enforcing  the  provisions  of  this  section, 
the  act,  omission,  or  failure  of  any  officer,  agent,  or  other  person 
acting  for  or  employed  by  any  common  carrier  or  shipper  acting 
within  the  scope  of  his  employment,  shall  in  every  case  be  also 
deemed  to  be  the  act,  omission,  or  failure  of  such  carrier  or 
shipper,  as  well  as  that  of  the  person.    Whenever  any  carrier 

2018  files  with  commission  or  publishes  a  particular  rate  under  the 
provisions  of  law,  or  participates  in  any  rates  so  filed  or  pub- 
lished, that  rate  as  against  such  carrier,  its  officers  or  agents,  in 
any  prosecution  begun  under  this  act  shall  be  conclusively 
deemed  the  legal  rate,  and  any  departure  from  such  rate,  or  any 
offer  to  depart  therefrom,  shall  be  deemed  to  be  an  offense  under 
this  section  of  this  act.     Same. 

Any  person,  corporation  or  company  who  shall  deliver  prop- 
erty for  interstate  transportation  to  any  common  carrier,  or  for 
whom  as  consignor  or  consignee  any  such  carrier  shall  transport 
property  from  one  state,  territory  or  the  District  of  Columbia  to 
any  other  state,  territory  or  the  District  of  Columbia  or  foreign 

496 


country,  who  shall  knowingly,  by  employe,  agent,  officer  or  other- 
wise, directly  or  indirectly  by  or  through  any  means  or  device 
whatsoever,  receive  or  accept  from  such  common  carrier  any  sum 
of  money  or  any  other  valuable  consideration  as  a  rebate  or  off- 
set against  the  regular  charges  for  the  transportation  of  such 
property  as  fixed  by  the  schedules  of  rates  provided  for  by  law, 
shall  in  addition  to  any  penalty  provided  by  this  act,  forfeit  to 
S019  the  United  States  a  sum  of  money  three  times  the  amount  of 
money  so  received, or  accepted  and  three  times  the  value  of  any 
other  consideration  so  received  or  accepted,  to  be  ascertained  by 
the  trial  court ;  and  the  attorney  general  of  the  United  States  is 
authorized  and  directed  whenever  he  has  reasonable  grounds  to 
believe  that  any  such  person,  corporation  or  company  has  know- 
ingly received  or  accepted  from  any  such  common  carrier  any 
sum  of  money  or  other  valuable  consideration  as  a  rebate  or  off- 
set as  aforesaid,  to  institute  in  any  court  of  the  United  States  of 
competent  jurisdiction  a  civil  action  to  collect  the  said  sttrn  or 
sums  so  forfeited  as  aforesaid;  and  in  the  trial  of  said  action  all 
such  rebates  or  other  considerations  so  received  or  accepted  for  a 
period  of  six  years  prior  to  the  commencement  of  the  action  may 
be  included  therein,  and  the  amount  recovered  shall  be  three 
times  the  total  amount  of  money,  or  three  times  the  total  value  of 
such  consideration,  so  received  or  accepted,  or  both  as  the  case 
may  be.     Same. 

ARIZONA,  CALIFORNIA 

No  person,  corporation,  or  any  officer,  agent 
or  employe  of  a  corporation  shall  by  means  of  false  billing,  false 
or  incorrect  classification,  false  weight  or  weighing,  false  repre- 
sentation as  to  contents  or  substance  of  a  package,  or  false 
report  or  statement  of  weight,  or  by  any  other  device  or  means, 
2020  whether  with  or  without  the  consent  or  connivance  of  a  common 
carrier  or  any  of  its  officers,  agents  or  employes,  seek  to  obtain 
or  obtain  such  transportation  for  such  property  at  less  than,  the 
rates  then  established  and  in  force  therefor.  Ariz. — Sess.  Laws 
igi2,  ch.  go,  sec.  2j{a);  Cat. — Stats,  igii,  ist.  ex.  sess.,  ch.  14, 
sec.  2j(a). 

No  person  or  corporation,  or  any  officer,  agent  or  employe 
of  a  corporation,  shall  knowingly,  directly  or  indirectly,  by  any 
false  statement  or  representation  as  to  cost  or  value  or  the  nature 
or  extent  of  an  injury,  or  by  the  use  of  any  false  billing,  bill  of 
lading,  receipt,  voucher,  roll,  account,  claim,  certificate,  affidavit 
or  deposition,  or  upon  any  false,  fictitious  or  fraudulent  state- 

497 


2021  ment  or  entry,  obtain  or  attempt  to  obtain  any  allowance,  rebate 
or  payment  for  damage  in  connection  with  or  growing  out  of  the 
transportation  of  persons  or  property,  or  an  agreement  to  trans- 
port such  persons  or  property,  whether  with  or  without  the  con- 
sent or  connivance  of  a  common  carrier,  or  any  of  its  officers,  agents 
or  employes;  nor  shall  any  common  carrier  or  any  officer,  agent 
or  employe  thereof  knowingly  pay  or  offer  to  pay  any  such  allow- 
ance, rebate  or  claim  for  damage.  Ariz. — Same,  sec.  2j{b); 
Cat. — Same,  sec.  2j{b). 

COLORADO  If  any  person  or  officer  or  agent  of  any  corpora- 

tion or  company  shall  by  payment  of  money  or  other  thing  of 
value,  solicitation,  or  otherwise,  induce  any  common  carrier  or 
any  of  its  officers  or  agents  to  discriminate  unjustly  in  its  or  their 
favor  as  against  any  other  consignor  or  consignee  in  the  trans- 

2022  portation  of  property,  or  shall  aid  or  abet  any  common  carrier  in 
any  such  unjust  discrimination,  such  person  or  such  officer  or 
agent  of  such  corporation  or  company  shall  be  deemed  guilty  of  a 
misdemeanor  and  shall  upon  conviction  thereof  in  any  court  of 
this  state  of  competent  jurisdiction,  be  subject  to  a  fine  of  not 
exceeding  $i,ooo;  and  such  person,  corporation  or  company  shall 
also  together  with  such  common  carrier  be  liable  jointly  or  sever- 
ally to  consignor  or  consignee  discriminated  against,  for  all  dam- 
ages caused  by  or  resulting  therefrom.  Laws  igio,  sp.  sess., 
ch.  5,  sec.  10. 

INDIANA  If  any  person  or  the  agent  or  employe  of  any 

person  or  any  member  of  any  firm  or  any  corporation  or  any  offi- 
cer, agent  or  employe  of  any  firm  or  corporation  shall  intention- 
ally accept  or  receive  any  rebate  or  concession  in  respect  to  the 
transportation  of  persons  and  property  by  any  carrier  wholly 
within  this  state,  or  for  any  other  service  performed  by  such  car- 
rier in  connection  therewith  whereby  any  such  persons  or  prop- 
erty shall  by  false  billing,  false  classification,  false  weighing  or 
any  other  device  whatsoever  be  transported  at  a  less  rate  than 

2023  that  prescribed  in  the  published  tariffs  then  in  force  and  on  file 
with  commission  or  which  have  theretofore  been  established  by 
commission,  or  ordered  to  be  observed  by  any  court  as  provided 
in  this  act,  then  every  such  person  shall  be  guilty  of  a  misde- 
meanor and  upon  conviction  thereof  shall  be  fined  in  any  sum 
not  less  than  $ioo  nor  more  than  $2,000,  to  which  may  be  added 
imprisonment  in  the  county  jail  not  exceeding  one  year,  in  the 
discretion  of  the  court  or  jury  trying  the  case.  Acts  1907,  ch. 
241,  sec.  14(b). 

498 


KANSAS  See  par.  1816. 

MARYLAND  No  person,  corporation  or  any  officer,  agent  or 

employe  of  a  corporation  who  shall  deliver  freight  or  property 
for  transportation  within  the  state  to  a  common  carrier  shall 
seek  to  obtain  or  obtain  transportation  for  such  property  at  less 
than  the  rates  then  established  and  in  force  therefor,  by  false 

2024  billing,  false  or  incorrect  classification,  false  weight  or  weighing, 
false  representation  of  the  contents  of  a  package  or  false  report 
or  statement  of  weight,  or  by  any  other  device  or  means  whether 
with  or  without  the  consent  or  connivance  of  the  common  carrier 
or  any  of  its  officers,  agents  or  employes.  Laws  igio,  ch.  180, 
sec.  ly. 

MICHIGAN  It  shall  be  unlawful  for  any  person,  firm  or 

corporation  knowingly  to  accept  or  receive  any  rebate,  concession 
or  discrimination  in  respect  to  transportation  of  any  property 
wholly  in  this  state,  or  for  any  service  in  connection  therewith 

2025  whereby  any  such  property  shall  by  false  billing,  false  classifica- 
tion, false  weighing  or  any  other  device  whatsoever  be  trans- 
ported at  a  less  rate  than  that  named  in  the  published  tariffs  in 
force  as  provided  by  law  or  whereby  any  service  or  advantage  is 
received  other  than  is  therein  specified.  Pub.  Acts  iqoq,  no. 
300,  sec.  18. 

Any  person,  firm  or  corporation  violating  the  provisions  of 
this  section  shall  be  deemed  guilty  of  a  misdemeanor,  and  on  con- 

2026  viction  thereof  shall  be  punished  by  a  fine  of  not  more  than  $500, 
or  by  imprisonment  in  the  county  jail  for  a  tenn  of  not  to  exceed 
three  months,  or  by  both,  in  the  discretion  of  court,  for  each 
offense.     Same. 

It  shall  be  unlawful  for  any  person,  firm  or  corporation  di- 
rectly or  indirectly  to  ask,  demand  or  accept  any  rebate,  draw- 

2027  back  or  other  device  whereby  he  shall  obtain  telephone  service 
for  any  less  rate  than  that  charged  others  in  like  circumstances. 
Pub.  Acts  igii,  no.  138,  sec.  4. 

MINNESOTA  Any  person  who  shall  knowingly,  either  for 

himself  or  for  any  firm  or  corporation,  directly  or  indirectly  re- 
ceive from  any  common  carrier  any  reduction  of  rate,  rebate, 

2028  gratuity  or  other  favor  as  is  declared  by  law  to  be  an  unjust  dis- 
crimination by  such  common  carrier,  shall  be  guilty  of  a  misde- 
meanor.    Acts  igoj,  ch.  777,  sec.  i. 

MISSISSIPPI  See  par.  2194. 

499 


NEBRASKA.  It  shall  be  unlawful  for  any  person  or  persons 

to  offer,  grant  or  give,  or  to  solicit,  accept  or  receive  any  rebate, 
concession  or  service  in  respect  to  the  transportation  of  any  prop- 
erty within  this  state  by  any  common  carrier  whereby  any  such 
property  shall  by  any  device  whatever  be  transported  at  a  less 
rate  than  that  named  in  the  tariffs  published  and  filed  by  such 

2029  carrier  as  is  required  by  law  or  charged  others  for  like  service. 
Every  person  who  shall  offer,  grant  or  give  or  solicit,  accept  or 
receive  any  such  rebate,  concession  or  service,  shall  be  deemed 
guilty  of  a  misdemeanor  and  on  conviction  thereof  shall  be  pun- 
ished by  a  fine  of  not  less  than  $5,000.  Cobbey^s  Annot.  Stats, 
igog,  sec,  12041. 

NEVADA  A  provision  identical  with  par.  2025.     Stats. 

2030  igoy,  ch.  44,  sec.  24. 

Any  person,  firm  or  corporation  violating  the  provisions  of 
this  section  shall  be  deemed  guilty  of  a  misdemeanor,  and  on 
sosi  conviction  thereof  shall  be  punished  by  a  fine  of  not  less  than  $50 
nor  more  than  $1,000  for  each  offense.     Same. 


NEW  YORK 
2032  sec.  J4. 


Identical  with  par.  2024.    Laws  igio,  ch.  480^ 


NORTH  CAROLINA  Any  shipper  or  consignee  of  any  freight  in  the 
state  who  shall  knowingly  accept  any  rebate  or  other  considera- 
tion or  service  from  any  railroad  company  which  is  not  allowed 

2038  or  given  other  shippers  or  consignees  under  like  or  similar  circum- 
stances, and  which  is  not  allowed  by  law,  shall  be  guilty  of  a  mis-1 
demeanor  and  fined  or  imprisoned,  in  the  discretion  of  the  court. 
Laws  igoj,  ch.  21J,  sec.  2. 

OHIO  Whoever  being  a  person,  firm  or  corporation 

knowingly  accepts  or  receives  a  rebate,  concession  or  discrimina-^ 
tion  in  respect  to  transportation  of  property  wholly  within  thisj 
state,  or  for  service  in  connection  therewith,  whereby  such  prop-] 

2084  erty  by  false  billing,  false  classification,  false  weighing  or  othc 
device  is  transported  at  a  less  rate  than  that  named  in  the  pub-l 
lished  tariffs  in  force,  or  whereby  any  service  or  advantage  isl 
received  other  than  that  therein  specified,  shall  be  fined  not  lesSfJ 
than  $50  nor  more  than  $1,000.     Code  igio,  sec.  568. 

OREGON  It  shall  be  unlawful  for  any  person,  firm  or  cor- 

poration knowingly  to  accept  or  receive  any  rebate,  concession  01 
discrimination  in  respect  to  transportation  of  any  passenger 
property  wholly  within  the  state,  or  for  any  service  in  connection] 

500 


8036  therewith  whereby  any  such  property  shall  by  any  device  what- 
soever be  transported  at  a  less  rate  than  that  named  in  the  pub- 
lished tariffs  in  force,  as  provided  by  law,  or  whereby  any  service 
or  advantage  is  received  other  than  is  specified  by  law.  Gen. 
Laws  iQoy,  ch.  jj,  sec.  50. 

S036  Also  a  provision  identical  with  par.  2031.    Same. 

It  shall  be  unlawful  for  any  person,  firm  or  corporation 
knowingly  to  solicit,  accept  or  receive  any  rebate,  concession  or 
discrimination  in  respect  to  any  servdce  in  or  affecting  or  relating 
to  the  transportation  of  persons  by  street  railroad,  or  to  produc- 
tion, transmission,  delivery  or  furnishing  of  heat,  light,  water  or 

2037  power  or  the  conveying  of  telegraph  or  telephone  messages  within 
the  state,  or  for  any  service  in  connection  therewith  whereby  any 
such  service  shall  by  any  device  whatsoever  or  otherwise  be  ren- 
dered free  or  at  a  less  rate  than  that  named  in  the  published 
schedules  and  tariffs  in  force  as  provided  by  law  or  whereby  any 
service  or  advantage  is  received  other  than  is  specified  by  law. 
Gen.  Laws  igii,  ch.  2yg,  sec.  66. 

2038  Also  a  provision  identical  with  par.  203 1 .    Same. 

RHODE  ISLAND  It  shall  be  unlawful  for  any  person,  firm  or  cor- 
poration knowingly  to  solicit,  accept  or  receive  any  rebate,  con- 
cession or  discrimination  in  respect  to  afny  service  in  or  affecting 
or  relating  to  the  transportation  of  persons  or  property,  or  affect- 
ing or  relating  to  the  production,  transmission,  delivery  or  fur- 
nishing of  heat,  light,  water  or  power  or  the  conveying  of  tele- 

2039  phone  or  telegraph  messages  within  the  state,  or  for  any  service 
in  connection  therewith,  whereby  such  service  shall  by  any  device 
whatsoever  or  otherwise,  be  rendered  free  or  at  a  less  rate  than 
that  named  in  the  published  schedules  in  force  as  provided  by 
law,  or  whereby  any  service  or  advantage  is  received  other  than 
is  specified  by  law.     Acts  1912,  ch.  795,  sec.  41. 

Any  person,  firm  or  corporation  violating  the  provisions  of 
this  section  shall  be  deemed  guilty  of  a  misdemeanor,  and  upon 

2040  conviction  thereof  shall  be  punished  by  a  fine  of  not  less  than  $50 
nor  more  than  $500  for  each  offense.     Same. 

SOUTH  DAKOTA  A  provision  applicable  to  the  transportation 
of  '^ property  or  express  freight"  identical  with  par.  2014.    Sess. 

2041  Laws  igii,  ch.  207^  sec.  14. 

VERMONT  A  person  who  knowingly  receives  directly  or 

indirectly  the  benefit  of  any  rebate,  any  lower  rate,  fare  or  charge 
for  transportation  of  persons  or  property  or  for  any  service  con- 

501 


2042  nected  therewith  than  is  fixed  by  the  schedule  posted  as  provided 
by  law,  or  any  officer  or  employe  of  any  railroad  or  transporta- 
tion company  granting  the  same,  or  knowingly  consenting  there- 
to, shall  be  imprisoned  not  more  than  one  year  or  fined  not  more 
than  $i,ooo  for  each  offense.    Puh.  Stats.  igo6,  sec.  4541. 

VIRGINIA  Any  person  or  any  officer  of  any  corporation 

or  company  who  shall  deliver  property  for  transportation  to  any 
transportation  company,  or  for  whom  as  consignor  or  consignee 
any  such  transportation  company  or  line  shall  transport  property, 
who  shall  knowingly  and  wilfully  by  false  billing,  false  classifica- 
tion, false  weighing,  false  representation  of  the  contents  of  the 

2043  package  or  false  report  of  weight,  or  by  any  other  fraudulent 
device  or  means,  whether  with  or  without  the  consent  or  con- 
nivance of  the  carrier,  its  agent  or  agents,  obtain  transportation 
for  such  property  at  less  than  the  regular  rates  then  established 
and  in  force  on  the  line  of  transportation,  shall  be  fined  not  less 
than  $100  nor  more  than  $500  for  each  offense.  Pollard's  Code 
igo4,  sec.  i2Q4c{io). 

If  any  person  or  any  officer  or  agent  of  any  corporation  or 
company  shall  by  payment  of  money  or  other  things  of  value, 
solicitation  or  otherwise  fraudulently  induce  any  transportation 
company  or  any  of  its  officers  or  agents  to  unjustly  discriminate 

2044  in  his,  its  or  their  favor  against  any  other  consignor  or  consignee 
in  the  transportation  of  property,  or  shall  aid  or  abet  any  trans- 
portation company  in  any  such  unjust  discrimination,  such  per- 
son or  such  officer  or  agent  of  such  corporation  or  company  shall 
be  fined  not  less  than  $100  nor  more  than  $500  for  each  offense. 
Same,   sec.   I2g4c{ii). 

WASHINGTON  A  provision  substantially  identical  with  par. 

2046  2024.    Laws  igii,  ch.  iiy,  sec.  23. 

No  person,  corporation  or  any  officer,  agent  or  employe  of 
a  corporation  shall  knowingly  or  wilfully,  directly  or  indirectly, 
by  any  false  statement  or  representation  as  to  the  cost,  value, 
nature  or  extent  of  injury,  or  by  the  use  of  any  false  billing,  bill 
of  lading,  receipt,  voucher,  roll,  account,  claim,  certificate,  affi- 
davit or  deposition,  knowing  the  same  to  be  false,  fictitious  or 

2046  fraudulent  or  to  be  upon  any  false,  fictitious  or  fraudulent  state- 
ment or  entry,  obtain  or  attempt  to  obtain  any  allowance,  rebate 
or  payment  for  damage  or  otherwise  in  connection  with  or  grow- 
ing out  of  the  transportation  of  persons  or  property,  or  agreement 
to  transport  such  persons  or  property,  whether  with  or  without 

502 


the  consent  or  conmvance  of  such  common  carrier  or  any  of  its 
agents  or  employes,  whereby -the  compensation  of  such  carrier 
for  such  transportation  shall  be  in  fact  made  less  than  the  rates 
then  established  and  in  force  therefor.     Same. 

No  person,  corporation  or  any  officer,  agent  or  employe  of  a 
corporation  who  shall  deliver  property  for  transportation  within 
the  state  to  a  common  carrier,  shall  seek  to  obtain  or  obtain  such 

2047  transportation  by  any  false  representation,  false  statement  or 
false  paper  or  token  as  to  the  contents  or  substance  thereof, 
where  the  transportation  of  such  property  is  prohibited  by  law. 
Same. 

WISCONSIN  Provisions  applicable  to  the  transportation  of 

property  identical  with  pars.  2035,  2031.     Laws  igo^,  ch.  j62, 

2048  sec.  iygy-24. 

Also  provisions  identical  with  pars.  2037,  2031,  except  that 
they  do  not  apply  to  ''the  transportation  of  persons  by  street 
1049  railroad"  nor  to  ''the  conveying  of  telegraph  messages."    Laws 
igoy,  ch.  4Qg,  sec.  i/gym-22. 


I.  GENERAL  DUTY  OF  UTILITIES  NOT  TO 
DISCRIMINATE  AS  TO  CHARGES  OR  FACIL- 
ITIES.i 

ARKANSAS  All  persons  or  corporations  shall  furnish  with- 

out discrimination  or  delay  equal  and  sufficient  facilities  for  the 
transportation  of  passengers,  the  receiving,  loading  and  unload- 
ing, storage,  carriage  and  delivery  of  all  property  of  a  like  char- 
acter carried  by  him,  them  or  it,  and  shall  perform  with  equal 
expedition  and  at  uniform  rates  the  same  kind  of  service  con- 

2060  nected  with  the  contemporaneous  transportation  thereof.  And 
it  shall  be  unlawful  for  any  person  or  corporation  engaged  as 
aforesaid  to  enter  into  any  contract,  or  agreement,  by  changes  of 
schedule,  use  of  different  cars  or  any  other  means  or  device,  with 
intent  to  delay  or  prevent  the  shipment  of  such  property  from 
being  continuous  from  the  place  of  shipment  to  the  place  of  desti- 
nation, whether  carried  on  one  or  more  railroads.  Kirby's  Digest 
igo4,  sec.  6804. 

FLORIDA  If  any  railroad,  railroad  company  or  other  com- 

mon carrier  shall  make  any  unjust  discrimination  in  its  rates  or 
charges  of  toll  or  compensation  for  the  transportation  of  pas- 

•  This  division  also  includes  certain  miscellaneous  prohibitions  against  discrimination 
in  rates  and  service  not  classified  elsewhere. 


sengers  or  freight  of  any  description,  or  for  the  use  and  trans- 

2061  portation  of  any  railroad  car  upon  any  railroad  or  upon  any  of 
the  branches  thereof,  or  upon  any  railroad  or  steamship  lines 
connected  therewith,  which  it  has  the  right,  license  or  permission 
to  operate,  use  or  control  within  this  state,  the  same  shall  be 
guilty  of  violating  the  provisions  of  this  act,  and  upon  conviction 
thereof  shall  be  dealt  with  as  provided  by  law.  Gen.  Stats.  igo6, 
sec.  288g. 

GEORGIA,  ILLINOIS 

If  any  railroad  corporation  shall  make  any 
unjust  discrimination  in  its  rates  or  charges  of  toll  or  compensa- 
tion for  the  transportation  of  passengers  or  freights  of  any  de- 
scription, or  for  the  use  and  transportation  of  any  railroad  car 

2062  upon  such  road,  or  upon  any  of  the  branches  thereof,  or  upon  any 
railroads  connected  therewith  which  it  has  the  right,  license  or 
permission  to  operate,  control  or  use  within  the  state,  the  same 
shall  be  deemed  guilty  of  having  violated  the  provisions  of  law 
and  upon  conviction  thereof  shall  be  dealt  with  as  provided  by 
law.  Ga. — Code  igii,  sec.  262g;  III. — Revisal  igog,  ch.  114, 
sec.  125. 

IOWA  When  shipments  of  freight  to  be  transported 

between  different  points  within  the  state  are  required  to  be  car- 
ried by  two  or  more  railway  companies  operating  connecting 

2063  lines,  such  railway  companies  shall  transport  the  same  at  reason- 
able through  rates,  and  shall  at  all  times  give  the  same  facilities 
and  accommodations  to  local  state  traffic  as  they  give  to  inter- 
state traffic  over  their  lines  of  road.    Code  iSgy,  sec.  2154. 

KENTUCKY  No  railway,  transfer,  belt  line  or  railway  bridge 

company  shall  make  any  exclusive  or  preferential  contract  or 
arrangement  with  any  individual,  association  or  corporation,  for 

2064  the  receipt,  transfer,  delivery,  transportation,  handling,  care  or 
custody  of  any  freight,  or  for  the  conduct  of  any  business  as  a 
common  carrier.     Const.,  sec.  214. 

See  also  par.  iy4g. 

MASSACHUSETTS  Every  railroad  corporation  shall,  subject  to 
the  provisions  of  section  201,  give  to  all  persons  reasonable  and 
equal  terms,  facilities  and  accommodations  for  the  transporta- 
tion upon  its  railroad  of  themselves,  their  agents  and  servants 

2066  and  of  their  merchandise  and  other  property,  and  for  the  use  of 
its  depot  and  other  buildings  and  grounds;  and  at  any  point 

504 


where  its  railroad  connects  with  another  railroad  it  shall  give 
reasonable  and  equal  terms  and  facilities  of  interchange.  Acts 
igo6,  ch.  46 J,  pL  a,  sec.  ig6. 

The  provisions  of  the  preceding  section  shall  apply  to 
all  persons  engaged  only  in  a  local  express  business  for  the 
forwarding  of  express  matter  between  points  within  the  com- 
monwealth within  trains  or  cars  of  any  railroad  corporation,  and 
to  persons  desiring  to  engage  therewith  who  obtain  the  recom- 
mendation of  the  railroad  commission  therefor,  and  who  agree  in 
writing  to  indemnify  the  corporation  against  all  loss  of  and  dam- 
age to  any  property  which  is  carried  by  them  on  its  trains.  Such 
recommendation  shall  be  given  only  after  notice  to  all  parties 
interested  and  a  hearing  thereon,  and  with  regard  among  other 
considerations  to  the  public  interest.  Such  corporation  may 
contract  with  one  or  more  persons  for  the  express  service  over 
its  railroad  or  system,  subject  to  the  rights  of  such  persons  as 
may  then  be  engaged  in  or  shall  have  obtained  the  recommenda- 
2056  tion  aforesaid  to  conduct  such  local  express  business  thereon 
between  points  within  this  commonwealth  under  the  provisions 
of  this  section;  and  the  terms,  facilities  and  accommodations 
provided  for  such  last  named  persons  shall  not  be  unreasonable  or 
unequal,  having  regard  to  the  amount  and  character  of  the 
service  and  also  to  such  reasonable  regulation  of  said  business 
which  may  be  for  the  public  interest  and  the  efficient  operation 
of  the  railroad.  The  provisions  of  this  section  shall  not  deprive 
any  railroad  corporation  of  any  right  which  it  has  under  its 
charter  or  imder  general  laws,  to  perform  all  the  transportation 
of  property  upon  its  railroad.  The  supreme  court  or  the  superior 
court  shall  have  jurisdiction  to  enforce  the  provisions  of  this 
section  by  injunction,  mandamus  or  other  suitable  process. 
Same,  sec.  igy. 

Every  railroad  corporation  shall  promptly  forward  mer- 
chandise consigned  to  or  directed  to  be  sent  over  another  railroad 
connecting  with  its  railroad,  according  to  the  directions  con- 
2067  tained  thereon  or  accompanying  the  same,  and  shall  not  receive 
and  forward  over  its  railroad  merchandise  consigned  to  or  di- 
rected to  be  sent  by  a  different  route.     Same,  sec.  igS. 

A  railroad  corporation  which  violates  any  provision  of  the 
four  preceding  sections,  in  addition  to  liability  for  all  damages 
sustained  by  reason  of  such  violation,  shall  for  each  offense  for- 
feit $200,  which  shall  be  recovered  in  an  action  of  tort  to  his  own 
2058  use  by  the  party  aggrieved,  or  to  the  use  of  the  commonwealth 

5c^5 


by  the  attorney  general  or  the  district  attorney  of  the  district 
in  which  such  violation  was  committed;  but  no  such  action  shall 
be  maintained  imless  brought  within  one  year  after  the  date  of 
such  violation.     Same,  sec.  200. 

MICHIGAN  No  railroad  corporation  shall  in  any  manner 

discriminate  in  its  rates  of  freight  tariff  in  favor  of  any  individual, 
company  or  corporation  doing  business  over  its  line  of  road,  and 
shall  grant  the  same  rights  and  privileges  to  all  shippers,  subject 
to  the  same  rates  and  classification,  without  rebate  or  any  other 

2069  special  privilege  or  rate  not  extended  to  all  other  shippers  in  the 
same  class  who  ship  a  like  quantity  or  quantities.  Any  railroad 
corporation  refusing  to  comply  with  any  of  the  provisions  of  this 
section  shall  be  liable  to  a  penalty  not  exceeding  $500.  Comp. 
Laws  i8gy,  sec.  6266. 

It  shall  be  unlawful  for  any  express  company  operating  and 
doing  business  in  the  state  to  discriminate  in  favor  of  or  against 
any  shipper  or  shippers,  or  to  refuse  or  fail  to  receive  and  trans- 
port proffered  merchandise  or  other  property,  providing  such  mer- 
chandise or  other  property  is  a  proper  subject  for  shipment  by 
express  and  in  proper  condition  at  the  time  of  presentation  for 
shipment  from  any  point  where  such  express  company  shall 

SO6O  maintain  or  conduct  an  office  or  station,  or  to  and  from  any  junc- 
tion point  or  points  where  the  line  of  such  express  company  inter- 
sects with  the  line  of  any  other  express  company,  or  to  or  from 
any  given  terminal  to  any  point  on  its  own  line,  and  the  charge 
and  compensation  for  the  transportation  of  such  merchandise  or 
other  property  by  two  or  more  express  companies  shall  not  ex- 
ceed by  30  per  cent,  the  maximum  charge  for  the  same  distance 
on  any  one  line,  such  maximum  charge  being  determined  as 
prescribed  by  law.     Puh.  Acts  igii,  no.  ijg,  sec.  2${b). 

MISSOURI  Railways  heretofore  constructed  or  that  may 

hereafter  be  constructed  in  this  state  are  declared  public  highways 
and  railroad  companies  common  carriers.  No  railway  company, 
corporation  or  association  shall  make  any  discrimination  in 
charges  or  facilities  in  the  transportation  of  freight  or  passengers 
between  transportation  companies  and  individuals,  nor  in  the 
transportation  of  freight  between  commission  merchants  or  other 
persons  engaged  in  the  transportation  of  freight  and  individuals, 

ao6i  in  favor  of  either,  by  abatement,  drawback  or  otherwise,  nor  shall 
any  such  company,  corporation  or  association,  nor  any  lessee, 
manager  or  employe  of  any  such  company,  corporation  or  asso- 

506 


ciation  make  any  preference  between  the  parties  aforesaid  in  fur- 
nishing cars  or  motive  power  for  the  purpose  aforesaid.  Any 
company,  corporation  or  association,  or  manager,  lessee  or  em- 
ploye violating  the  provisions  of  this  section  shall  forfeit  and  pay 
to  the  parties  injured  the  whole  amount  of  such  transportation 
charge,  to  be  recovered  before  any  court  of  competent  jurisdic- 
tion.    Rev.  Stats,  igog,  sec.  3174. 

Whenever  any  express  company  authorized  to  do  business  in 
the  state  shall  desire  to  carry  on  their  express  business  along  and 
on  the  line  of  any  railroad  in  the  state  and  shall  make  application 
to  the  officers  or  managers  of  any  railroad  for  cars,  transportation 
and  other  proper  facilities  to  carry  on  their  said  business,  it  shall 
be  the  duty  of  said  railroad  company  to  make  such  arrangement 

2062  and  provide  such  facilities  as  will  enable  said  express  company  to 
carry  on  and  transact  its  said  express  business  and  to  receive  and 
discharge  freight,  valuables,  money,  jewelry  and  other  property 
entrusted  to  it  for  transportation  at  all  the  stations  and  stopping 
places  on  the  line  of  said  railroad,  and  it  shall  be  no  excuse  for  re- 
fusing such  facilities  that  another  express  company  is  already 
furnished  with  facilities  and  is  actually  doing  business  on  the 
said  railroad.    Same,  sec.  3208. 

Any  railroad  company  owning  or  operating  a  railway  in  this 
state  that  shall  refuse  or  deny  any  of  the  rights  and  privileges 
granted  to  any  other  express  company  to  the  express  company  so 
applying  for  facilities  to  carry  on  their  said  business  on  and  along 
the  line  of  the  said  railroad,  or  shall  charge,  take  from  or  receive 
any  greater  or  different  toll,  charge  or  rent  for  the  privilege  of 

2063  carrying  on  their  said  express  business,  or  for  like  services  than  it 
•  at  the  same  time  charges  or  receives  from  any  other  express  com- 
pany, shall  forfeit  and  pay  for  every  such  refusal,  denial  of  facil- 
ities to  carry  on  their  said  business,  or  for  discrimination  in  favor 
of  any  one  express  company  against  another,  any  sttm  not  less 
than  $500,  nor  more  than  $1,000,  to  be  recovered  by  civil  action 
in  any  court  of  competent  jurisdiction.     Same,  sec.  32og. 

Commission  is  required  to  take  jurisdiction  of  all  violations 
of  the  provisions  of  sections  3208  to  3210  inclusive  and  see  that 
competition  in  the  express  business  is  not  prevented  by  the  re- 
fusal of  said  railroad  companies  to  provide  facilities  to  more  than 
one  express  company  to  carry  on  their  express  business  on  and 
along  the  line  of  the  said  railroads  at  the  same  time;  and  when- 
ever commission  shall  in  any  manner  come  into  possession  of 
information  which  in  its  judgment  warrants  prosecution  of  any 


507 


railroad  company  for  preventing  competition  in  the  express  busi- 

2064  ness  by  refusing  to  grant  facilities  on  equal  terms,  to  two  or  more 
express  companies  on  and  along  the  line  of  their  railway,  or  for 
the  violation  of  any  of  the  provisions  of  said  sections,  it  shall  be 
the  duty  of  commission  immediately  to  cause  suits  to  be  com- 
menced and  prosecuted  against  such  railroad  company.  Such 
suits  may  be  instituted  in  any  county  in  the  state  into  or 
through  which  the  line  of  the  railroad  company  sued  for  violating 
said  sections  may  run,  and  it  is  made  the  duty  of  the  attorney 
general  and  of  any  prosecuting  attorney  in  the  state  at  the  request 
of  commission  to  commence  and  prosecute  any  actions  commis- 
sion may  desire  to  institute  for  the  violation  of  any  of  the  provi- 
sions of  said  sections.     Same,  sec.  3210. 

MONTANA  All  individuals,  associations  and  corporations 

shall  have  equal  rights  to  have  persons  or  property  transported 
on  and  over  any  railroad,  transportation  or  express  route  in  this 
state.  No  discrimination  in  charges  or  facilities  for  transporta- 
tion of  freight  or  passengers  of  the  same  class  shall  be  made  by 

2065  any  railroad  or  transportation  or  express  company  between  persons 
or  places  within  this  state.  No  railroad,  express  or  transportation 
company,  nor  any  employe,  manager  or  other  employe  thereof 
shall  give  any  preference  to  any  individual,  association  or  corpo- 
ration in  furnishing  cars  or  motive  power  or  for  the  transportation 
of  money  or  other  express  matter.     Const.,  art.  xv,  sec.  7. 

NEBRASKA  If  any  railway  company  or  common  carrier, 

through  or  by  its  officers,  agents  or  employes,  shall  fail,  refuse  or 
neglect,  under  such  regulations  as  may  be  prescribed  by  commis- 
sion, to  receive  and  transport  without  delay  or  discrimination  the 
passengers,  tonnage  and  cars,  loaded  or  empty,  of  any  connecting 
line  of  railroad,  and  every  railroad  which  shall  under  such  regu- 

2066  lations  as  may  be  prescribed  by  commission  fail  or  refuse  to  trans- 
port and  deliver  without  delay  or  discrimination  any  passengers, 
tonnage  or  cars  loaded  or  empty  destined  to  any  point  on  or  over 
the  line  of  any  connecting  carrier,  the  same  shall  constitute  an 
unjust  discrimination  which  is  prohibited;  provided  perishable 
freight  of  all  kinds  and  live  stock  shall  have  precedence  in  ship- 
ment.    Cobbey^s  Annot.  Stats,  igog,  sec.  10662(b). 

Every  telegraph  company  and  every  press  association  en- 
gaged in  the  transmission,  collection,  distribution  or  publication 
of  dispatches  shall  afford  the  same  and  equal  facilities  to  all  pub- 

2067  lishers  of  newspapers  and  furnish  the  dispatches  collected  by  them 

508 


for  publication  in  any  given  locality  to  all  newspapers  there  pub- 
lished on  the  same  conditions  as  to  payment  and  delivery.  SamCy 
sec.  1 1958. 

Any  press  association,  corporation,  or  organization  violat- 
ing the  foregoing  section  shall  be  deemed  guilty  of  a  misdemeanor, 
and  upon  conviction  shall,  for  each  and  every  offense,  be  fined  in 
any  sum  not  less  than  $100  nor  more  than  $1,000,  and  in  addi- 
SO68  tion  thereto  such  association  and  the  members  thereof  shall  be 
jointly  and  severally  liable  for  all  damages  sustained  by  the 
owner  of  any  newspaper  in  consequence  of  such  discrimination. 
^ame,  sec.  11959- 

See  also  pars.  1762,  1763. 

NEW  JERSEY  See  par.  550. 

NEW  YORK  No  preference  for  the  transaction  of  the  busi- 

ness of  a  common  carrier  upon  its  cars  or  in  its  depots  or  buildings 
or  upon  its  grounds  shall  be  granted  by  any  railroad  corporation 

2069  to  any  one  or  two  or  more  persons,  associations  or  corporations 
competing  in  the  same  business  or  in  the  business  of  transporting 
property  for  themselves  or  others.     Laws  1910,  ch.  481,  sec.  54. 

PENNSYLVANIA  Any  undue  or  unreasonable  discrimination  by 
any  railroad  company  or  other  common  carrier  or  any  officer, 
superintendent,  manager  or  agent  thereof  in  charges  for  or  in 

2070  facilities  for  the  transportation  of  freight  within  the  state  or  com- 
ing from  or  going  to  any  other  state  is  declared  to  be  unlawful. 
Purdon's  Digest,  ^^  Railroads, ^^  sec.  229. 

[SOUTH  CAROLINA  It  shall  not  be  lawful  for  any  railroad  company 
chartered  by  this  state  ^  to  discriminate  against  any  railroad  com- 
pany which  may  connect  with  it,  either  at  one  of  its  terminal  sta- 
tions or  at  any  intermediate  point  on  its  line  where  said  companies 
have  stations  and  agents  established,  by  neglecting  or  refusing  to 
deliver  with  due  diligence  to  said  connecting  road  in  the  yard  or 
on  the  track  of  the  same  of  cars  wholly  or  partly  loaded  with 
freight  consigned  to  points  on  said  connecting  road  or  to  points 

[2071  beyond  its  lines ;  but  in  all  cases  where  freight  is  to  be  delivered 
to  a  connecting  road  to  complete  its  transportation,  such  delivery 
shall  be  made  by  the  railroad  which  brought  the  freight  to  the 

1  In  the  construction  of  the  three  preceding  sections  (2097-2099),  the  term  "  railroad 
company  chartered  by  this  state  "  shall  be  held  to  mean  each  railroad  company  holding 
its  franchise  under  a  separate  charter  granted  by  this  state;  and  no  ownership  or  shares 
of  the  capital  stock  of  one  corporation  by  another  corporation,  nor  any  lease,  contract  or 
other  agreement  between  corporations  or  individuals,  shall  operate  as  a  bar  to  the  pro- 
visions of  this  chapter.    Gen.  Stats.  1902,  sec.  2100. 


connecting  point,  and  no  additional  charge  shall  be  made  therefor; 
provided,  however,  that  said  delivering  road  may  demand  of  its 
connections  payment  of  all  charges  which  have  accrued  thereon, 
on  or  before  delivery  of  said  freight  on  the  tracks  or  in  the  yards 
of  its  connecting  road.     Gen.  Stats.  igo2,  sec.  2og^. 

It  shall  not  be  lawful  for  any  railroad  company  chartered  by 
this  state  ^  to  discriminate  in  favor  of  or  against  any  railroad  com- 
pany which  may  connect  with  it  either  at  one  of  its  terminal  sta- 
tions or  at  an  intermediate  point  on  its  lines  where  said  companies 
have  stations  and  agents  established,  as  against  any  other  railroad 
company  which  may  connect  with  it  at  the  same  station  or  point 
by  refusing  either  to  receive  freight  for  shipment  or  to  issue 
through  bills  of  lading  at  equal  rates  of  freight  for  the  same,  to 
any  one  given  destination,  reached  by  any  or  all  of  said  connect- 

2072  ing  roads  or  their  connections  for  which  freight  is  received,  or 
through  bills  of  lading  are  issued,  to  be  forwarded  by  any  other  of 
such  connecting  roads  at  the  same  point;  provided,  however,  if 
any  of  the  said  connections  shall  refuse  to  transport  freight  from 
its  own  terminus  to  the  ultimate  destination  of  said  freight  at  the 
same  rate  as  is  charged  by  any  other  connections  at  the  same 
point,  then  the  initial  road  shall  be  released  from  the  provisions , 
of  this  section,  and  the  said  connecting  road  shall  not  be  entitled^ 
to  the  benefit  of  its  provisions.     Same,  sec.  2og8. 

It  shall  not  be  lawful  for  any  railroad  company  chartered  by 
this  state^  to  discriminate  in  its  rate  of  freight  in  favor  of  or  against 
any  railroad  company  which  may  connect  with  it  either  at  one  of 

2073  its  terminal  stations  or  at  any  intermediate  point  on  its  line ;  but 
in  all  cases  the  charges  on  freight  of  the  same  character  having 
the  same  original  point  of  shipment  and  the  same  destination  shall 
be  uniform  to  and  from  all  lines  making  connection  with  the  said 
railroad  at  the  same  point.     Same,  sec.  2ogg. 

SOUTH  DAKOTA  No  person  or  telephone  company  shall  unjustly 
discriminate  either  between  persons  or  telephone  companies  in  the 
switching,  transfer  or  delivery  of  messages;  nor  shall  such  tele- 
phone company  make  different  rates  for  its  subscribers  for  the 
same  class  of  service  in  any  city  or  town  where  it  is  operating. 

2074  Al  such  charges  and  rates  shall  be  uniform  to  its  subscribers  for 
the  same  class  of  service.  Any  person  or  telephone  company  and 
any  officer  or  agent  of  any  telephone  company  violating  any  pro- 
vision of  this  section  shall  upon  conviction  thereof  be  pimished  by 
a  fine  of  not  more  than  $200.     Sess.  Laws  igii,  ch.  218,  sec.  6. 

>  See  footnote  on  preceding  page. 


TENNESSEE  No  railway  company  shall  charge  more  than 

the  maximtim  amoimt  for  freights  allowed  by  its  charter,  nor 
shall  any  railway  company  unjustly  discriminate  against  the  way 
freights  of  any  person  or  locality  on  the  same  'road,  or  unjustly 

8075  classify  rates  or  luijustly  discriminate  against  the  different  classes 
of  freight  shipped  over  its  road,  nor  shall  any  railway  company 
unjustly  charge  extortionate  rates  for  the  transportation  of  any 
freights  over  its  road.     Code  igo6,  sec.  3061. 

A  railroad  company  that  shall  be  guilty  of  a  violation  of  the 
provisions  of  sections  3060-3062  shall  be  liable  to  the  unjured 

2076  party  in  the  sum  of  $500,  which  may  be  sued  for  and  recovered  in 
any  of  the  coiuts  of  this  state  having  jurisdiction  of  the  subject 
matter.     Same,  sec.  306 j. 

VERMONT  A  person  or  corporation  operating  a  railroad 

shall  give  to  all  persons  reasonable  and  equal  terms,  benefits,  fa- 
cilities and  accommodations  for  the  transportation  of  themselves, 
their  agents  and  servants  and  of  merchandise  and  other  property 

8077  upon  such  railroad  and  for  the  use  of  the  depots,  buildings  and 
grounds  thereof,  and,  at  any  point  where  such  railroad  connects 
with  another  railroad,  reasonable  and  equal  facilities  of  inter- 
change. Pub.  Stats.  1096,  sec.  4486}  as  amended  hy  Laws  igo8, 
no.  105,  sec.  I. 

A  person  or  corporation  operating  a  railroad  in  this  state 
shall  give  to  each  station  upon  its  line  when  so  requested  in  writ- 
ing by  25  legal  voters  and  freeholders  of  the  town  or  village  in 
which  such  station  is  situated  the  same  and  equal  accommodations 

2078  and  facilities  as  to  market  days  and  market  day  rates  of  fare  to 
and  from  such  station,  on  any  regular  train  upon  the  day  of  the 
week  requested  as  is  given  by  such  person  or  corporation  to  any 
station  upon  its  line.     Same,  sec.  4490. 

A  violation  of  the  preceding  section  shall  be  construed  to  be 

20'i9  an  unjust  discrimination.     A  person  or  corporation  violating  such 
section  shall  be  fined  not  more  than  $500.     Same,  sec.  4491. 
See  also  par.  1947. 

*  See  footnote,  par.  1944. 


5" 


II.    FREE   OR   REDUCED  RATE   OR   SPECIAL 

SERVICE. 

J.  GENERAL  PROHIBITIONS  AGAINST  OFFER- 
ING, GRANTING,  SOLICITING  OR  ACCEPT- 
ING FREE  OR  REDUCED  RATE  OR  SPECIAL 
SERVICE,  WITH  EXCEPTIONS  THERETO. 

UNITED  STATES  No  common  carrier  shall  after  January  i,  1907, 
directly  or  indirectly  issue  or  give  any  interstate  free  ticket,  free 
pass  or  free  transportation  for  passengers  except  to  its  employes 
and  their  families,  ^ its  officers,  agents,  surgeons,  physicians  and 
attorneys  at  law;  to  ministers  of  religion,  traveling  secretaries 
of  railroad  Young  Men's  Christian  Associations,  inmates  of  hos- 
pitals and  charitable  and  eleemosynary  institutions  and  persons 
exclusively  engaged  in  charitable  and  eleemosynary  work;  to 
indigent,  destitute  and  homeless  persons  and  to  such  persons 
when  transported  by  charitable  societies  or  hospitals,  and  the 
necessary  agents  employed  in  such  transportation;  to  inmates 
of  the  national  homes  or  state  homes  for  disabled  volunteer  sol- 
diers, of  soldiers'  and  sailors'  homes,  including  those  about  to 
enter  and  those  returning  home  after  discharge;  to  necessary  care-, 
takers  of  live  stock,  poultry,  milk  and  fruit;    to  employes  on 

2080  sleeping  cars  and  express  cars,  and  to  linemen  of  telegraph  and 
telephone  companies;  to  railway  mail  service  employes,  post- 
office  inspectors,  customs  inspectors,  and  immigration  inspectors; 
to  newsboys  on  trains,  baggage  agents,  witnesses  attending  any 
legal  investigation  in  which  the  common  carrier  is  interested, 
persons  injured  in  wrecks  and  physicians  and  nurses  attending 
such  persons.  Provided,  that  this  provision  shall  not  be  con- 
strued to  prohibit  the  interchange  of  passes  for  the  officers, 
agents  and  employes  of  common  carriers  and  their  families;  nor 
to  prohibit  any  common  carrier  from  carrying  passengers  free 
with  the  object  of  providing  relief  in  cases  of  general  epidemic, 
pestilence  or  other  calamitous  visitation;  and  provided  further 
that  this  provision  shall  not  be  construed  to  prohibit  the  priv- 
ilege of  passes  or  franks  or  the  interchange  thereof  with  each 
other  for  the  officers,  agents,  employes  and  their  families  of  such 

512 


telegraph,  telephone  and  cable  lines,  and  the  officers,  agents, 
employes  1  and  their  famihes  of  other  common  carriers.  Act  to 
Regulate  Commerce,  sec.  i. 

Any  common  carrier  violating  this  provision  shall  be  deemed 
guilty  of  a  misdemeanor  and  for  each  offense  on  conviction  shall 
pay  to  the  United  States  a  penalty  of  not  less  than  $ioo  nor  more 
than  $2,000,  and  any  person  other  than  the  persons  excepted  in 
this  provision  who  uses  any  such  interstate  free  ticket,  free  pass 
1081  or  free  transportation  shall  be  subject  to  a  like  penalty.  Juris- 
diction of  offenses  under  this  provision  shall  be  the  same  as  that 
provided  for  offenses  in  an  act  entitled  "An  act  to  further  regu- 
late commerce  with  foreign  nations  and  among  the  states," 
approved  February  19, 1903,  and  any  amendment  thereof.     Same. 

Nothing  in  this  act  shall  be  construed  to  prevent  telephone, 

2082  telegraph  and  cable  companies  from  entering  into  contracts  with 
common  carriers  for  the  exchange  of  services.     Same. 

In  time  of  war  or  threatened  war  preference  and  precedence 
shall  upon  the  demand  of  the  president  of  the  United  States  be 

2083  given  over  all  other  traffic  to  the  transportation  of  troops  and 
material  of  war,  and  carriers  shall  adopt  every  means  within  their 
control  to  facilitate  and  expedite  the  military  traffic.  Same, 
sec.  6. 

Nothing  in  this  act  shall  prevent  the  carriage,  storage  or 
handling  of  property  free  or  at  reduced  rates  for  the  United 
States,  state  or  municipal  governments  or  for  charitable  pur- 
poses, or  to  or  from  fairs  and  expositions  for  exhibition  thereat, 
or  the  free  carriage  of  destitute  and  homeless  persons  transported 
by  charitable  societies,  and  the  necessary  agents  employed  in 
such  transportation,  or  the  issuance  of  mileage,  excursion  or  com- 
mutation passenger  tickets;  nothing  in  this  act  shall  be  construed 
to  prohibit  any  common  carrier  from  giving  reduced  rates  to  min- 
isters of  religion  or  to  municipal  governments  or  for  the  trans- 
portation of  indigent  persons,  or  to  inmates  of  the  national  homes 

2084  or  state  homes  for  disabled  voltmteer  soldiers,  and  of  soldiers'  and 
sailors'  orphan  homes,  including  those  about  to  enter  and  those 
returning  home  after  discharge,  under  arrangements  with  the 
boards  of  managers  of  said  homes;  nothing  in  this  act  shall  be 

1  Provided,  that  the  term  "employes"  as  used  in  this  paragraph  shall  include  fur- 
loughed,  pensioned  and  superannuated  employes,  persons  who  have  become  disabled  or  in- 
firm in  the  service  of  any  common  carrier,  and  the  remains  of  a  person  killed  in  the  em- 
ployment of  a  carrier,  and  ex-employes  traveling  for  the  purpose  of  entering  the  service  of 
any  such  common  carrier;  and  the  term  "families"  as  used  in  this  paragraph  shall  include 
the  families  of  those  persons  named  in  this  proviso,  also  the  families  of  persons  killed  and 
the  widows  during  widowhood  and  minor  children  during  minority  of  persons  who  died  while 
in  the  service  of  any  such  common  carrier.     Act  to  Regulate  Commerce,  sec.  j. 


construed  to  prevent  railroads  from  giving  free  carriage  to  their 
own  officers  and  employes,  or  to  prevent  the  principal  officers  of 
any  railroad  company  or  companies  from  exchanging  passes  or 
tickets  with  other  railroad  companies  for  their  officers  and  em- 
ployes ;  and  nothing  in  this  act  contained  shall  in  any  way  abridge 
or  alter  the  remedies  now  existing  at  common  law  or  by  statute, 
but  the  provisions  of  this  act  are  in  addition  to  such  remedies; 
provided,  that  no  pending  litigation  shall  in  any  way  be  affected 
by  this  act ;  provided,  further,  that  nothing  in  this  act  shall  prevent 
the  issuance  of  joint  interchangeable  5,000-mile  tickets  with  spe- 
cial privileges  as  to  the  amoimt  of  free  baggage  that  may  be  car- 
ried under  mileage  tickets  of  1,000  or  more  miles.  Same,  sec.  22. 
2086  The  provisions  of  section  ten  of  this  act  shall  apply  to  any 

violation  of  the  requirements  of  this  proviso.     Same. 

ALABAMA  Nothing  in  this  article  shall  prevent  concen- 

tration, commodity,  transit  and  other  special  contract  rates,  but 
all  such  rates  shall  be  open  to  all  shippers  for  a  like  kind  of  traffic 

2086  under  similar  circumstances  and  conditions,  and  shall  be  subject 
to  the  provisions  of  this  article  as  to  the  printing  and  filing  of  the 
same ;  but  all  such  rates  shall  be  under  the  supervision  and  regu- 
lation of  commission.     Code  igoy,  sec.  5534. 

All  street  railway  companies  or  persons  or  companies  owning 
or  operating  street  railways  in  this  state,  are  authorized  to  furnish 
members  of  the  police  force  and  of  the  fire  department  and  sani- 
tary inspectors  of  any  city  or  town  through  or  into  which  their 
lines  nm,  free  or  reduced  transportation  to  and  from  their  homes 
and  to  and  from  places  to  which  their  duties  may  call  them; 
and  to  grant  special  or  reduced  rates  to  all  pupils  attending 

2087  schools  on  or  near  such  lines  of  railway  for  transportation  be- 
tween their  homes  and  such  schools;  provided,  however,  that  be- 
fore free  transportation  or  special  or  reduced  rates  are  granted 
under  the  provisions  of  this  act,  said  carrier  shall  file  with  com- 
mission a  statement  setting  forth  the  terms  and  conditions  upon 
which  they  grant  such  free  transportation,  special  or  reduced 
rates.     Acts  igoy,  sp.  sess.,  no.  20,  sec.  i. 

No  common  carrier  whether  a  corporation,  association,  part- 
nership or  person  engaged  in  the  business  of  a  common  carrier 
of  passengers  in  this  state,  or  the  agent,  officer,  servant  or  em- 
ploye of  such  shall  give,  procure  for  or  deliver  to  any  person  or 
accept  any  free  passes,  tickets  or  free  transportation  for  any  per- 
son, or  give,  make  or  allow  any  rebate,  discoimt  or  reduction 
from  such  rates  as  are  offered  or  given  to  the  public  at  large,  ex- 

S14 


cept  to  its  employes  and  their  families,  and  employes  recently 
discharged  by  or  having  quit  the  service  of  any  common  carrier, 
going  home  or  going  to  another  place  to  seek  employment  within 
six  months  after  such  quitting  or  discharge,  its  officers  or  agents, 
its  surgeons  or  physicians  and  its  attorneys  at  law  and  the  imme- 
diate families  of  such  persons,  to  ministers  of  reHgion,  traveling 
secretaries  of  the  Yoimg  Men's  Christian  Association  and  the 
Young  Women's  Christian  Association,  inmates  of  hospitals  and 
charitable  and  eleemosynary  institutions,  and  persons  exclu- 
sively engaged  in  charitable  and  eleemosynary  work,  to  indigent, 
destitute  and  homeless  persons,  and  to  such  persons  when  trans- 
ported by  charitable  societies  and  hospitals  and  the  necessary 
agents  employed  in  such  transportation,  to  inmates  of  the  national 
home  or  state  home  for  disabled  volimteer  soldiers,  and  of  sol- 
diers' and  sailors'  homes,  including  those  about  to  enter  and  those 
returning  home  after  discharge,  and  board  of  managers  of  such 
homes,  to  necessary  caretakers  of  live  stock,  poultry  and  fruit,  to 
employes  of  sleeping  cars  and  express  cars,  and  to  linemen  of  tele- 
graph and  telephone  companies,  to  railway  mail  service  em- 
ployes, postoffice,  custom  and  immigration  inspectors,  to  news- 
boys on  trains,  baggage  agents,  witnesses  attending  any  legal 
investigation  in  which  the  common  carrier  is  interested,  persons 
injured  in  wrecks  when  being  transported  from  the  place  of  in- 
jury to  their  homes  and  places  for  treatment,  and  physicians  and 
nurses  attending  such  persons,  and  members  of  commission,  and 
employes  of  such  commission  when  traveling  on  official  business; 
provided,  that  this  provision  shall  not  be  construed  to  prohibit 
the  interchange  of  passes  for  the  officers,  agents  and  employes  of 
common  carriers  and  their  immediate  families,  nor  prohibit  any 
comjnon  carrier  from  carrying  passengers  free  with  the  object  of 
providing  relief  in  cases  of  general  epidemic,  pestilence  or  other 
calamitous  visitations.     Acts  igoy,  sp.  sess.,  no.  gg,  sec.  i. 

Nothing  in  this  act  shall  be  construed  to  prevent  the  carry- 
ing, storage  or  handling  by  any  common  carrier  of  property  free 
or  at  reduced  rates  for  the  United  States  or  for  the  state  of  Ala- 
bama or  for  any  municipality  or  for  charitable  purposes,  or  to 
and  from  fairs  and  expositions  for  exhibition  thereat,  or  property 
shipped  by  or  to  its  officers  or  employes  for  their  own  exclusive 
use  or  constimption  or  that  of  their  immediate  families;  or  prevent 
such  common  carrier  from  issuing  excursion,  mileage  or  com- 
mutation tickets,  provided  such  excursion,  mileage  or  commuta- 
tion tickets  shall  be  obtainable  by  all  persons  applying  therefor 

515 


under  like  circumstances  and  conditions.  Nor  shall  anything 
S089  in  this  act  be  construed  to  prevent  such  common  carriers  from 
giving  free  transportation  or  reduced  rates  therefor.  And  it 
shall  be  lawful  for  any  railroad  company  to  give  to  or  exchange 
passes  or  free  transportation  with  the  officers  and  employes  of 
other  railroads  and  of  express  companies  and  the  immediate 
members  of  their  families,  and  for  any  express  company  to  carry 
free  or  at  reduced  rates  the  personal  packages  or  property  of  its 
officers  and  employes  and  the  officers  and  employes  of  railroad 
companies,  for  their  own  exclusive  use  or  consumption  or  that  of 
their  immediate  families.  Upon  the  shipment  of  live  stock  or 
other  property  requiring  the  care  of  an  attendant,  the  common 
carrier  may  furnish  free  transportation  including  return  passage 
to  the  shipper  or  to  some  person  or  persons  designated  by  him 
as  attendant.     Acts  igog,  sp.  sess.,  no.  201,  sec.  1(30). 

ARIZONA  No  common  carrier  shall  directly  or  indirectly 

issue,  give  or  tender  any  free  ticket,  free  pass  or  free  or  reduced  rate 
transportation  for  passengers  between  points  within  this  state  ex- 
cept to  its  employes  ^  and  their  families,  its  officers,  agents,  stu-geons, 
physicians  and  attorneys  at  law;  to  ministers  of  religion,  traveling 
secretaries  of  railroad  Young  Men's  Christian  Associations,  in- 
mates of  hospitals  and  charitable  and  eleemosynary  institutions 
and  persons  exclusively  engaged  in  charitable  and  eleemosynary 
work;  to  indigent,  destitute  and  homeless  persons,  and  to  such 
persons  when  transported  by  charitable  societies  or  hospitals, 
and  the  necessary  agents  employed  in  such  transportation;  to 
inmates  of  the  national  homes  or  state  homes  for  disabled  volim- 
teer  soldiers,  and  of  soldiers'  and  sailors'  homes  including  those 
about  to  enter  and  those  returning  after  discharge,  and  boards 
of  managers  of  such  homes;  to  necessary  caretakers  of  live  stock, 
poultry,  milk  and  fruit;  to  employes  on  sleeping  cars,  express 

2090  cars  and  to  linemen  of  telegraph  and  telephone  corporations;  to 
railway  mail  service  employes,  post-office,  custom  and  immigra- 
tion inspectors;  to  newsboys  on  trains,  baggage  agents,  witnesses 
attending  any  legal  investigation  in  which  the  common  carrier  is 
interested,  persons  injured  in  wrecks  and  physicians  and  muses 
attending  such  persons,  when  authorized  by  commission.  Noth- 
ing in  this  act  shall  be  construed  to  prohibit  the  interchange  of 
passes  for  the  officers,  agents  and  employes  of  common  carriers 
and  their  families;  nor  to  prohibit  any  common  carrier  from  car- 

*  Th«  definitions  of  the  terms  "  emfdoyes  "  and  ' '  families ' '  are  identical  with  the  definitions 
in  United  States  provisions.     See  footnote,  p.  84.     Sess.  Laws  IQ12,  ch.  go,  sec.  /7(o)0)- 

S16 


Tying  passengers  free  with  the  object  of  providing  relief  in  cases  of 
general  epidemic,  pestilence  or  other  calamitous  visitations;  and 
provided,  further,  that  these  provisions  shall  not  be  construed 
to  prohibit  all  privileges  of  passes  or  franks  or  the  exchange  there- 
of with  each  other  for  the  officers,  agents,  employes  and  their 
families  of  all  common  carriers  subject  to  the  provisions  of  this 
act.     Sess.  Laws  igi2,  ch.  go,  Sec,  iTMis)- 

Provided,  further,  that  with  the  consent  of  commission  every 
common  carrier  may  transport  free  or  at  reduced  rates  contract- 
ors and  their  employes,  material  or  supplies  for  use  or  engaged  in 
carrying  out  their  contracts  with  said  common  carriers  for  con- 

2091  struction,  operation  or  maintenance  work  or  work  incidental 
thereto  on  the  line  of  the  issuing  carrier,  to  the  extent  only  that 
such  free  or  reduced  rate  transportation  is  provided  for  in  the 
specifications  upon  which  the  contract  is  based  and  in  the  contract 
itself.  Common  carriers  may  also  enter  into  contracts  with  each 
other  for  an  exchange  of  service.     Same. 

ARKANSAS  Nothing  shall  be  construed  as  to  prevent  any 

person  or  corporation  operating  a  railroad  in  this  state  from  is- 
suing or  selling  at  reduced  rates  emigrant,  excursion  or  commuta- 

2092  tion  tickets,  or  from  carrying  free  or  at  reduced  rates  any 
property  for  schools,  churches,  fairs,  expositions  or  charitable 
institutions,  or  for  the  state,  or  for  the  United  States,  or  for 
any  of  the  United  States.    Kirby^s  Digest  1904,  sec.  6805. 

Nothing  shall  prevent  the  carriage,  storage  or  hatiling  free 
or  at  reduced  rates  for  any  city,  coimty  or  town  government; 
or  the  free  carriage  of  destitute  or  indigent  persons,  or  ministers 
of  the  gospel;  nor  to  prevent  the  railroads  from  giving  free  trans- 

2093  portation  or  transportation  at  reduced  rates  to  the  inmates  of 
hospitals,  eleemosynary  and  charitable  institutions,  and  nothing 
shall  be  construed  to  prevent  railroads  from  giving  free  trans- 
portation to  any  railroad  officer,  agent  or  employe,  attorney, 
stockholder  or  director  of  the  railroad  company.  Same,  sec. 
6806. 

See  also  par.  18 02. 

CALIFORNIA  No  common  carrier  shall  directly  or  indirectly 

•  issue,  give  or  tender  any  free  ticket,  free  pass  or  free  or  reduced 
rate  transportation  for  passengers  between  points  within  this 
state,  except  to  its  officers,  agents,  employes,  ^  attorneys,  phy- 
sicians and  surgeons  and  members  of  their  families;  to  ministers 

^  The  definitions  of  the  terms  "  employes  "  and  "families  "  are  identical  with  the  definitions 
in  Unitdd  Stales  provisions.    See  footnote,  p.  84.   Stats,  ion,  ist.  ex.  ^ess.,  ch.  14,  sec.  17(0)  (j). 


of  religion,  traveling  secretaries  of  railroad  young  men's  religious 
associations,  or  executive  officers,  organizers  or  agents  of  railroad 
employes  mutual  benefit  associations  giving  the  greater  portion 
of  their  time  to  the  work  of  any  such  association,  inmates  of  hos- 
pitals or  charitable  or  eleemosynary  institutions,  and  persons 
exclusively  engaged  in  charitable  or  eleemos5rnary  work;  and 
persons  and  property  engaged  or  employed  in  educational  work 
or  scientific  research  when  permitted  by  commission;  to  the  ex- 
ecutive officers  of  mercantile  or  promotion  boards  or  bodies  with- 
in this  state  when  traveling  in  the  performance  of  duties  affecting 
the  advancement  of  the  business  of  such  boards  or  bodies,  or  the 

5094  development  of  trade  or  industry  within  or  without  this  state, 
when  authorized  by  commission;  to  hotel  employes  of  season 
resort  hotels,  when  authorized  by  commission;  to  indigent,  desti- 
tute and  homeless  persons  and  to  such  persons  when  transported 
by  charitable  societies  or  hospitals,  and  the  necessary  agents  em- 
ployed in  such  transportation;  to  inmates  of  the  national  homes 
or  state  homes  for  disabled  volunteer  soldiers  and  soldiers'  and 
sailors'  homes,  including  those  about  to  enter  and  those  returning 
home  after  discharge;  to  necessary  caretakers,  going  and  return- 
ing, of  live  stock,  poultry,  milk,  fruit  and  other  freight  imder  uni- 
form and  non-discriminatory  regulations;  to  employes  of  sleeping 
car  corporations,  express  corporations  and  telegraph  and  tele- 
phone corporations;  to  railway  mail  service  employes.  United 
States  internal  revenue  officers,  post-office  inspectors,  customs 
officers  and  inspectors  and  immigration  inspectors  when  traveling 
in  the  course  of  their  official  duty;  to  newsboys  on  trains,  baggage 
agents,  witnesses  attending  any  legal  investigation  in  which  the 
carrier  is  interested,  persons  injured  in  accidents  or  wrecks  and 
physicians  and  nurses  attending  such  persons.  Stats,  igii,  ist. 
ex.  sess.,  ch.  14,  sec,  I7{a){j). 

Provided,  that  no  free  ticket,  free  pass  or  free  or  reduced 
rate  of  transportation  shall  be  issued,  given  or  tendered  to  any 
officer,  agent  or  employe  of  a  common  carrier  who  is  at  the  same 
time  a  shipper  or  receiver  of  freight  or  an  officer,  agent  or  employe 
of  a  shipper  or  receiver  of  freight,  unless  such  officer,  agent  or 
employe  devotes  substantially  his  entire  time  to  the  service  of 
of  such  carrier;  and  provided  further  that  the  members  of  com- 

5095  mission,  their  officers  and  employes  shall  be  entitled  when  in  the 
performance  of  their  official  duties  to  free  transportation  over  the 
lines  of  all  common  carriers  within  this  state;  and  provided, 
further,  that  passenger  transportation  may  issue  to  the  propri- 

S18 


etors  and  employes  of  newspapers  and  magazines  and  the  mem- 
bers of  their  immediate  f amiUes  in  exchange  for  advertising  space 
in  such  newspapers  or  magazines  at  full  rates,  subject,  however, 
to  such  reasonable  restrictions  as  commission  may  impose.  Same. 
Nothing  in  this  act  contained  shall  be  construed  to  prohibit 
the  issue  by  express  corporations  of  free  or  reduced  rate  trans- 
portation for  express  matter  to  their  officers,  agents,  employes, 
attorneys,  physicians  and  surgeons  and  members  of  their  fam- 
ilies, or  the  interchange  of  free  or  reduced  rate  transportation 
for  passengers  or  express  matter  between  common  carriers,  their 
officers,  agents,  employes,  attorneys,  physicians  and  surgeons  and 
members  of  their  families;  provided,  that  such  express  matter 
be  for  the  personal  use  of  the  person  to  or  for  whom  such  free  or 
reduced  rate  transportation  is  granted,  or  of  his  family;  nor  to 
prohibit  the  issue  of  passes  or  franks  by  telegraph  or  telephone 

2096  corporations  to  their  officers,  agents,  employes,  attorneys,  phy- 
sicians and  surgeons  and  members  of  their  families,  or  the  ex- 
change of  passes  or  franks  between  such  telegraph  and  telephone 
corporations  or  between  such  corporations  and  such  common 
carriers,  for  their  officers,  agents,  employes,  attorneys,  physi- 
cians and  surgeons  and  members  of  their  families;  nor  to  prevent 
the  carrying  out  of  contracts  for  free  or  reduced  rate  passenger 
transportation  heretofore  made,  founded  upon  adequate  con- 
sideration and  lawful  when  made;  nor  to  prevent  a  common  car- 
rier from  transporting,  storing  or  handling  free  or  at  reduced 
rates  the  household  goods  and  personal  effects  of  its  employes,  of 
persons  entering  or  leaving  its  service  and  of  persons  killed  or 
dying  while  in  its  service.     Same. 

Every  common  carrier  may  transport  free  or  at  reduced 
rates  persons  or  property  for  the  United  States,  state,  county  or 
municipal  governments,  or  for  charitable  purposes,  or  to  provide 
relief  in  cases  of  general  epidemic,  pestilence  or  other  calamitous 
visitation,  and  property  to  or  from  fairs  or  expositions  for  ex- 
hibit thereat;  also  contractors  and  their  employes,  material  or 

2097  supplies  for  use  or  engaged  in  canying  out  their  contracts  with 
said  carriers,  for  construction,  operation  or  maintenance  work 
or  work  incidental  thereto  on  the  line  of  the  issuing  carrier,  to 
the  extent  only  that  such  free  or  reduced  rate  transportation  is 
provided  for  in  the  specifications  upon  which  the  contract  is  based 
and  in  the  contract  itself.  Common  carriers  may  also  enter  into 
contracts  with  telegraph  and  telephone  corporations  for  an  ex- 
change of  service.     Same,  sec.  iy{a){4). 

See  also  par.  1804. 

519 


COLORADO  Nothing  herein  shall  prevent  the  carriage  or 

transporting  free  or  at  reduced  rates,  of  the  household  goods  or 
other  personal  property  of  officers,  employes,  agents  in  the  em- 
ploy of  such  common  carriers  or  the  interchange  of  franks  for  the 
free  transportation  of  personal  property  of  officers,  agents,  at- 

S098  tomeys  and  employes  ^  of  common  carriers  and  their  families,  or 
for  the  United  States,  the  state  or  any  political  subdivision 
thereof,  or  any  mimicipality  thereof,  or  for  charitable  purposes, 
or  to  and  from  fairs  and  expositions  for  exhibitions  thereat .  Laws 
igio,  sp.  sess.,  ch.  5,  sec.  4. 

FLORIDA  Nothing  shall  prevent  common  carriers  from 

the  carriage,  storage  or  handling  of  property  free  or  at  reduced 
rates  for  charitable  ptirposes  or  to  and  from  fairs  or  expositions 
for  exhibition  thereat,  or  free  carriage  of  destitute  or  homeless 
persons,  transported  by  charitable  societies,  and  the  necessary 
agents  employed  in  such  transportation,  or  the  issuance  of  mile- 
age, excursion  or  commutation  or  round  trip  passenger  tickets, 
or  from  giving  reduced  rates  to  ministers  of  religion,  or  from 
giving  free  passes  to  their  own  officers  or  employes,  and  their 

2099  immediate  families  dependent  upon  them,  or  to  prevent  the  prin- 
cipal officers  of  any  railroad  company  or  companies  from  ex- 
changing passes  or  tickets  with  other  railroad  companies  for  their 
officers  and  employes,  or  free  passes  or  reduced  rates  to  persons 
in  charge  of  live  stock  shipped  from  point  of  shipment  to  destina- 
tion and  return,  or  from  issuing  second  class  tickets  at  a  lower 
rate  of  fare  than  for  first  class  tickets,  for  the  holders  of  which 
second  class  tickets  so  issued  only  second  class  accommodations 
shaU  be  allowed.     Gen.  Stats.  igo6,  sec.  2gig. 

Nothing  in  this  act  shall  be  construed  to  prevent  telegraph 
companies  from  entering  into  contracts  with  common  carriers 
for  the  exchange  of  services,  nor  to  affect  existing  contracts  re- 
lating thereto,  nor  to  prohibit  the  privilege  of  passes  or  franks  or 

2100  the  exchange  thereof  with  each  other  for  the  officers,  agents,  em- 
ployes and  their  families  of  such  telegraph  companies,  and  the 
officers,  agents,  employes  and  their  famiHes  of  other  common 
carriers.     Laws  igii,  ch.  6i8y,  sec.  j. 

It  shall  be  lawful  for  common  carriers  including  railroad  com- 
panies to  grant  free  passage  or  free  tickets  to  the  immediate  fam- 
ilies of  their  physicians,  siirgeons  and  salaried  attorneys  at  law, 

2101  dependent  upon  them,  and  to  exchange  free  passes  with  other 

*  The  definitions  of  the  terms  "employes "  and  "  families "  are  identical  with  the  defini- 
tions in  United  States  provisions.     See  footnote,  p.  84.     Laws  1910,  sp.  sess.,  ck.  5,  sec.  4. 

520 


common  carriers  for  the  immediate  families  of  their  physicians, 
surgeons  and  salaried  attorneys  at  law,  dependent  upon  them. 
Laws  1 91 1,  ch.  6229,  sec.  i. 

Any  common  carrier  may  transport  at  free  or  reduced  rates 
material  to  be  used  by  the  state,  by  any  county  or  by  any  mtmici- 

2102  pality  in  this  state  for  roads,  streets  or  bridge  purposes.  Laws 
igii,  ch.  62J1,  sec.  i. 

ILLINOIS  Nothing  shall  be  so  construed  as  to  prevent 

railroad  corporations  from  issuing  commutation,  excursion  or 

2103  i,oQo-mile  tickets,  as  the  same  are  now  issued  by  such  cor- 
porations.    Revisal  igog,  ch.  114,  sec.  126. 

Nothing  shall  be  construed  to  prohibit  any  express  company 
or  carrier  by  express  from  carrying  or  transporting  free  or  at  re- 
duced rates  the  personal  property  for  the  personal  use  of  its  offi- 

2104  cers,  agents  and  employes  and  their  families,  nor  from  exchanging 
such  transportation  with  other  express  companies  and  carriers 
by  express  for  themselves,  their  officers,  agents  and  employes  and 
their  families.     Same,  sec.  j/o. 

INDIANA  No  carrier  shall  directly  or  indirectly  issue  or 

give  any  free  ticket,  free  pass  or  free  transportation  for  passen- 
gers, freight  or  express  or  for  service  or  accommodation  in  any 
sleeping  car,  parlor  car  or  dining  car,  except  to  its  employes  and 
members  of  their  families,  and  the  widow  and  dependent  mem- 
bers of  the  families  of  deceased  employes,  its  officers,  agents,  sur- 
geons, physicians  and  lawyers  and  members  of  their  families;  to 
ministers  of  rehgion,  traveling  secretaries  of  Young  Men's  Chris- 
tian Associations,  inmates  of  hospitals  and  charitable  and  elee- 
mosynary institutions,  and  persons  exclusively  engaged  in  chari- 
table and  eleemosynary  work;  to  aged,  destitute  and  homeless 
persons,  and  to  such  persons  when  transported  by  charitable 
societies  or  hospitals,  and  the  necessary  agents  employed  in  such 
transportation;  to  inmates  of  the  national  homes  or  state  homes 
for  disabled  volunteer  soldiers,  and  of  soldiers'  and  sailors'  homes, 
including  those  about  to  enter  and  those  returning  after  discharge, 
and  boards  of  managers  of  such  homes;  to  necessary  caretakers 
of  live  stock,  potdtry,  fruit  and  vegetables,  during  the  transporta- 
tion of  the  same;  to  employes  of  sleeping  cars,  express  cars  and  to 
linemen  and  other  employes  and  officers  of  the  telegraph  and 
telephone  companies  when  traveling  on  business  incident  to  tele- 

2106  graph  or  telephone  construction,  maintenance  or  operation;  to 
railway  mail  service  employes,  to  newsboys  on  trains,  baggage 


agents,  witnesses  attending  any  legal  investigation  in  which  the 
carrier  is  interested,  persons  injured  or  killed  in  railroad  acci- 
dents, and  their  attendants  and  physicians  and  nurses  attending 
such  persons;  to  contractors  and  their  employes  while  performing 
work,  under  written  contract,  on  the  line  of  the  carrier  by  which 
the  transportation  is  given,  and  to  publishers  of  newspapers  for 
printing  and  advertising  performed  imder  written  contract ;  pro- 
vided, that  no  such  exception  shall  apply  to  a  public  officer  of 
this  state,  other  than  those  mentioned  and  notaries  public,  and 
provided,  that  this  provision  shall  not  be  construed  to  prohibit 
the  interchange  of  passes  for  the  officers  and  agents  and  employes 
of  such  carriers  and  their  families,  nor  to  prohibit  any  such  car- 
rier from  carrying  passengers,  freight  or  express  free  with  the 
object  of  providing  relief  in  cases  of  general  epidemic,  pestilence 
or  other  calamitous  visitations,  nor  to  prohibit  the  free  carriage 
by  any  such  carrier  of  children  less  than  five  years  old  when  ac- 
companied by  an  adult;  provided,  further,  that  the  provisions 
of  this  paragraph  shall  not  apply  to  any  pass  legally  issued  for 
the  year  1907  or  any  part  thereof  heretofore  issued  and  given,  nor 
shall  this  provision  apply  to  parties  carried  for  the  purpose  of  in- 
specting the  carrier's  lines  with  a  view  to  investing  in  its  securi- 
ties or  the  improvement  of  its  property,  or  to  policemen  or  other 
peace  officers  while  in  imiform  within  their  respective  towns  and 
cities.  Acts  igoy,  ch.  241,  sec.  ijie). 
See  also  par.  1745. 

IOWA  .Nothing  in  this  chapter  shall  apply  to  the 

transportation,  storage  or  handling  of  property  free  or  at  reduced 
rates  for  the  United  States,  this  state,  or  municipal  governments 
by  common  carriers,  nor  to  charitable  purposes,  or  to  and  from 
fairs  and  expositions  for  exhibition  thereat,  nor  for  the  employes 
thereof  or  their  families,  or  private  property  or  goods  for  the 
fanuly  use  of  such  employes,  nor  from  giving  reduced  rates  to 
the  quartermaster  general  of  the  state,  for  the  transportation 
of  officers  or  enlisted  men  of  the  Iowa  national  guard,  when 

2106  traveling  under  the  orders  of  the  commander  in  chief,  or  to  min- 
isters of  religion,  nor  from  giving  free  transportation  to  their  own 
officers  and  employes,  and  their  families  dependent  upon  them 
for  support,  nor  to  persons  in  charge  of  live  stock  being  shipped 
from  point  of  shipment  to  destination  and  return,  nor  to  prevent 
the  officers  of  any  railway  company  from  exchanging  passes  or 
tickets  with  other  railroad  companies;  and  nothing  in  this  chap- 
ter shall  in  any  way  abridge  or  alter  the  remedies  now  existing  at 

522 


common  law  or  by  statute,  but  the  provisions  thereof  are  in  addi- 
tion to  such  remedies.     Code  iSgy,  sec.  2150. 

The  commissioners  and  their  secretary  shall  be  carried  free* 
while  performing  their  duties,  on  all  railroads  and  trains  in  the 

1107  state,  and  may  take  with  them  experts  or  other  agents,  who 
shall  be  carried  free.     Same,  sec.  2 151. 

No  common  carrier  of  passengers  shall  directly  or  indirectly 
issue,  furnish  or  give  any  free  ticket,  free  pass  or  free  transporta- 
tion for  the  carriage  or  passage  of  any  person  within  this  state 
except  as  permitted  in  the  paragraph  immediately  following. 
Nor  shall  any  common  carrier  in  the  sale  of  tickets  for  transporta- 

2108  tion  at  reduced  rates  discriminate  between  persons  purchasing 
the  same,  except  the  persons  described  in  the  paragraph  imme- 
diately following.  Nor  shall  any  person  accept  or  use  any  free 
ticket,  free  pass  or  free  transportation  ^  except  the  persons  de- 
scribed in  said  paragraph.     Same,  sec.  2ijyf. 

The  persons  to  whom  free  tickets,  free  passes,  free  transpor- 
tation and  discriminating  reduced  rates  may  be  issued,  furnished 
or  given  are  the  following,  to  wit:  (a)  the  officers,  agents,  em- 
ployes, attorneys,  physicians  and  surgeons  of  such  common  car- 
riers of  passengers  whose  chief  and  principal  occupation  is  to 
render  service  to  common  carriers  of  passengers;  (b)  to  the  fam- 
ilies of  the  persons  included  in  subdivision  ''a"  hereof;  (c)  the 
general  officers  of  any  such  common  carrier;  (d)  employes  on 
sleeping  cars,  express  cars  and  linemen  of  telegraph  and  telephone 
companies,  railway  mail  service  employes,  post-office,  customs 
and  immigration  inspectors,  newsboys  on  trains,  baggage  agents ; 
(e)  persons  injured  in  wrecks  and  physicians  and  nurses  attending 
such  persons;  (/)  passengers  traveling  with  the  object  of  pro- 
viding reUef  in  cases  of  railroad  accident,  general  epidemic,  pes- 
tilence or  other  calamitous  visitation;  (g)  necessary  caretakers 
of  hve  stock,  vegetables  and  fruit,  including  return  transporta- 

S109  tion  to  forwarding  agent;  (h)  the  officers,  agents  or  regularly  ac- 
credited representatives  of  labor  organizations,  composed  wholly 
of  employes  of  railway  companies;  (i)  inmates  of  homes  for  the 
reform  or  rescue  of  the  vicious  or  unfortunate,  including  those 
about  to  enter  and  those  returning  home  after  discharge,  and 
boards  of  managers,  including  officers  and  superintendents  of 
such  homes;  (j)  superannuated  and  pensioned  employes  andmem- 

*  The  words  "free  ticket,"  "free  pass,"  "free  transportation"  as  used  in  this  act  shall 
include  any  ticket,  pass,  contract,  permit  or  transportation  issued,  furnished  or  given  to  any 
person  by  any  common  carrier  of  passengers  for  carriage  or  passage  for  any  other  considera- 
tion than  money  paid  in  the  usual  way  at  the  rate,  fare  or  charge  open  to  all  whp  desijre  tp 
purchase.      Code  i8o7.  sec.  2i57f. 


bers  of  their  families  and  widows  of  employes  who  died  while  in 
the  service  of  such  common  carriers;  (k)  employes  crippled  and 
disabled  in  the  service  of  a  common  carrier  of  passengers;  (l) 
policemen  and  firemen  of  any  city  wearing  the  insignia  of  their 
office  within  the  limits  of  such  city;  (m)  ministers  of  religion, 
traveling  secretaries  of  railroad  Young  Men's  Christian  Asso- 
ciations, inmates  of  hospitals  and  charitable  and  eleemosynary 
institutions,  and  persons  exclusively  engaged  in  charitable  and 
eleemosynary  work;  {n)  indigent,  destitute  and  homeless  per- 
sons while  being  transported  by  charitable  societies  or  hospitals 
in  such  transportation;  (o)  school  children  to  and  from  public 
or  parochial  schools;  (p)  the  state  fish  and  game  warden  and  his 
car  and  necessary  assistants  therewith,  when  engaged  in  the  per- 
formance of  official  duties.     SamCy  sec.  2i^yg. 

In  any  prosecution  vuider  this  act  if  it  is  claimed  that  a  free 
ticket,  free  pass  or  free  transportation  was  wrongfully  issued  or 
given  to  physicians  or  surgeons,  attorneys,  agents,  employes,  it 
shall  be  incumbent  upon  the  defendant  to  prove  the  character  of 
the  service  rendered  or  to  be  rendered.  The  provisions  of  this 
act  shall  not  be  construed  to  prohibit  the  interchange  of  passes 
for  the  persons  to  whom  free  tickets,  free  passes  or  free  trans- 
portation may  be  ftimished  or  given  under  the  provisions  of  this 

2110  sectiaa.  Nothing  in  this  act  shall  operate  to  repeal  the  provi- 
sions of  section  2150  of  the  code  so  far  as  said  section  refers  to 
the  members  of  the  national  guard,  nor  shall  it  operate  to  repeal 
section  215 1  of  the  code.  Nothing  in  this  act  shall  be  construed 
to  invalidate  any  existing  contract  between  a  street  railway  com- 
pany and  a  city  where  a  condition  of  a  franchise  grant  requires 
the  furnishing  of  transportation  to  policemen,  firemen  and  city 
officers  while  in  the  performance  of  official  duties.     Same. 

No  person  within  the  purview  of  this  act  shall  be  privileged 
from  testifying  in  relation  to  anything  herein  prohibited,  but  no 

am  person  having  so  testified  shall  be  liable  to  any  prosecution  or 
punishment  for  any  offense  concerning  which  he  was  required  to 
give  his  testimony.    Same,  sec.  2157 {it). 

Any  common  carrier,  its  officer,  agent  or  representative  vio- 
lating any  of  the  provisions  of  this  act  shall  be  fined  in  a  sum  not 
less  than  $100  and  not  more  than  $1,000  for  each  offense,  or  in 
the  discretion  of  the  court  shall  be  imprisoned  in  the  county  jail 

siia  for  not  less  than  30  and  not  more  than  90  days;  and  any  person 
other  than  the  persons  excepted  in  the  preceding  paragraph  who 
accepts  or  uses  any  free  ticket,  free  pass  or  free  transportation 

5«4 


for  carriage  or  passage  within  this  state  shall  be  subject  to  a  like 
penalty.     Same,  sec.  2151%. 

KANSAS  Any  member  of  commission  while  acting  in 

performance  of  his  official  dirties  together  with  such  attorney  for 
commission,  secretary,  stenographers,  accoimtant,  expert  or  other 
agents  whose  services  commission  may  deem  to  be  important  in 
the  discharge  of  their  duties,  shall  have  the  right  of  passing  at  all 
times  over  all  the  roads  and  on  all  railroad  trains  or  any  part 
thereof  in  this  state  free  of  charge.  It  shall  be  imlawful  for  any 
commissioner,  attorney  for  commission,  secretary  or  employe  of 

HIS  commission  to  receive  or  apply  for  any  free  transportation  or  re- 
duced rates  for  transportation,  from  any  railroad  company  or 
other  common  carriers,  their  agents,  servants  or  employes  for 
any  other  person,  during  the  term  of  his  office  or  emplo3mient; 
and  any  person  violating  the  provisions  hereof  shall  be  guilty  of 
a  misdemeanor,  and  upon  conviction  shall  be  fined  in  any  sum 
not  less  than  $50  nor  more  than  $1,000;  and  upon  conviction  of 
any  commissioner  of  such  violation  the  governor  shall  declare 
his  office  vacant  and  shall  appoint  a  successor  thereto.  Gen. 
Stats,  igog,  sec.  7i6g. 

Nothing  shall  prevent  the  carriage,  storage  or  handling  of 
freight  free  or  at  reduced  rates  for  the  state  or  for  city, 
county  or  town  government,  or  for  charitable  purposes,  or  to  and 
from  fairs  and  expositions,  for  exhibition  thereof,  or  the  free  car- 
riage of  destitute,  indigent  persons,  or  the  issuance  of  mileage  or 

2114  excursion  passenger  tickets;  nor  to  prevent  railroads  from  giving 
special  rates  or  free  transportation  to  the  officers  and  members 
of  the  Kansas  national  guard,  to  ministers  of  religion,  inmates 
of  hospitals,  eleemosynary  or  charitable  institutions,  or  to  any 
railroad  officers,  agents,  employes,  attorneys,  witnesses  attending 
court  or  before  commission  on  behalf  of  such  railroad  company, 
stockholders  or  directors.     Same,  sec.  7177. 

It  shall  be  imlawful  for  any  railroad  company  to  issue,  give 
or  offer  to  issue  or  give  any  free  pass,  ticket  or  transportation  in 
any  form  to  passengers  for  use  upon  the  lines  within  this  state, 
except  its  officers  and  directors,  and  employes  ^  and  their  families;  ^ 

^The  word  "employe"  as  used  in  this  act  shall  be  construed  to  include  all  persons  who 
devote  their  principal  time,  skill  and  energy  to  the  service  of  the  railroad  company  by  which 
they  are  employed,  and  who  receive  a  stated  and  remunerative  salary  therefor,  and  to  exclude 
all  others  who  do  not  depend  primarily  upon  such  employment  for  a  livelihood,  eiccept  one 
local  attorney,  physician  and  surgeon  in  any  one  county,  through  or  in  which  said  railroad  is- 
suing such  pass  has  a  line  of  road.     Gen.  Stats.  1909,  sec.  7257. 

*The  word  "family"  as  used  in  this  act  shall  be  construed  to  include  the  employe,  his 
wife  and  minor  children,  immediate  members  of  his  household  and  dependent  on  hun  for 
support,  and  to  exclude  all  others.    Same,  sec.  7258. 


the  employes  of  express,  telegraph  or  sleeping  car  companies  and 
their  families;  a  representative  from  each  of  the  labor  organiza- 
tions of  employes  of  the  railway  companies;  railway  employes 
incapacitated  by  reason  of  disease  or  injury  incurred  or  received 
in  the  employ  of  the  company  issuing  such  pass;  ex-railway  em- 
ployes who  have  been  engaged  in  the  employ  of  a  railway  com- 
pany continuously  for  15  years  and  placed  on  the  retired  list;  also 
messengers  and  clerks  in  the  railway  mail  service;  news  agents 
S1I6  while  selling  papers,  books,  magazines,  fruit,  confectionery,  etc., 
on  the  train;  members  of  commission  and  their  attorney,  to- 
gether with  all  other  officers  and  employes  of  commission;  per- 
sons injured  in  wrecks  or  by  accidents,  and  doctors,  nurses  and 
necessary  attendants  in  caring  for  such  injiu-ed  persons,  to  be 
used  only  in  visiting  employes  and  their  families  or  in  accom- 
pan3dng  employes  to  railroad  hospitals;  caretakers  of  stock, 
poultry  or  fruit  in  carload  lots,  to  be  used  exclusively  in  accom- 
panying the  same  to  destination  and  returning  therefrom;  sheriff 
and  chief  of  police  in  cities  of  the  first  class;  indigent,  destitute 
or  homeless  persons  whose  dependent  condition  is  certified  to  by 
mayor,  commissioner  of  the  poor  or  the  chairman  of  the  board 
of  coimty  commissioners,  and  it  shall  be  unlawful  for  any  person 
other  than  the  above  excepted  persons  to  solicit,  accept  or  use 
any  such  free  pass,  ticket  or  transportation.     Same,  sec.  7255. 

Any  officer,  agent  or  employe  of  any  railroad  company  who 
issues,  gives  or  deHvers  or  offers  to  issue  or  give  any  free  pass, 
ticket  or  transportation  to  any  person  not  authorized  to  accept 
and  use  the  same  by  this  act  shall  be  deemed  guilty  of  a  mis- 
demeanor, and  pimished  by  a  fine  of  not  more  than  $100,  or  by 
imprisonment  in  the  coimty  jail  not  more  than  30  days,  or  by 

2116  both  such  fine  and  imprisonment;  and  any  person  not  authorized 
by  this  act.  to  accept  and  use  such  pass,  ticket  or  transportation 
who  solicits  for  himself  or  others  or  accepts  or  uses  the  same,  shall 
be  deemed  guilty  of  a  misdemeanor,  and  shall  be  punished  by  a 
fine  of  not  more  than  $100,  or  by  imprisonment  in  the  coimty 
jail  not  more  than  30  days,  or  by  both  such  fine  and  imprison- 
ment.    Same,  sec.  7256. 

The  terms  of  this  act  shall  not  be  construed  as  prohibiting 
the  issuance,  acceptance  or  use  of  free  passes,  tickets  or  trans- 

2117  portation  during  the  prevalence  of  an  epidemic,  pestilence  or 
catastrophe,  when  necessary  to  afford  relief  or  to  mitigate  the  evil 
effects  of  such  calamitous  visitation.     Same,  sec.  72$g. 

The  provisions  of  this  act  shall  not  be  construed  as  pro- 
526 


hibiting  excursion  rates  open  to  the  public  generally,  reduced 
fare  to  ministers  of  the  gospel  and  those  giving  their  entire  time 
to  religious  benevolence  or  charitable  work,  or  to  the  inmates 
3118  of  soldiers'  homes,  state  or  national,  including  those  about  to 
enter  and  those  returning  home  after  their  discharge,  and  mem- 
bers in  good  standing  in  the  Grand  Army  of  the  Republic;  pro- 
vided, however,  this  act  shall  not  afEect  any  rate  now  provided 
by  law  for  the  transportation  of  members  of  the  Kansas  national 
guard.     Same,  sec.  J260. 

Rates  different  from  those  specified  in  the  printed  schedule 
or  classification  of  rates  may  be  charged  by  any  public  utility, 
street  or  interurban  railway,  by  agreement  with  the  customer, 
in  cases  of  charity,  emergency,  festivity  or  public  entertainment; 

2119  provided,  that  any  utility  governed  by  the  provisions  of  this  act 
may  grant  to  the  officers,  employes  and  agents  of  such  utilities 
free  or  reduced  rates  or  service  upon  like  terms  and  in  the  same 
manner  as  is  now  provided  by  law  relating  to  common  carriers. 
Laws  1911,  ch.  2j8,  sec.  12. 

LOUISIANA  Nothing  herein   shall  prevent   the  raihroad, 

express,  telegraph,  telephone,  steamboat  or  other  water  craft 
or  other  companies  from  serving  free  of  cost  or  at  reduced  rates 
the  state,  or  any  city,  parish  or  town  government,  or  any  chari- 
table purpose,  or  any  order  or  exposition,  or  any  destitute  or 

2120  indigent  person,  or  the  issuance  of  mileage  or  excursion  tickets, 
nor  to  prevent  railroads,  steamboat  or  other  water  craft  from 
giving  free  transportation  to  ministers  of  religion  or  inmates  of 
hospitals  or  to  railroad  officers,  agents,  employes,  attorneys, 
stockholders  or  directors  unless  otherwise  provided  by  this  con- 
stitution.    Const.  J  art.  287. 

MAINE  Railroad  companies  may  sell  excursion,  retiim 

or  other  special  tickets  at  less  than  the  regular  rates  of  fare,  to 

2121  be  used  only  as  provided  on  the  ticket.  Rev.  Stats.  1903,  ch.  52, 
sec.  2. 

This  statute  shall  not  apply  to  the  issuance  and  interchange 
of  passes,  for  passes  for  officers,  agents,  employes,  surgeons,  phy- 
sicians and  attorneys  of  railroads  and  other  carriers,  and  their 
families,  or  to  police  officers,  or  to  members  of  fire  departments 
in  course  of  duty,  but  such  officer,  agent  or  person,  if  holding 

2122  or  receiving  free  or  reduced  rate  transportation,  shall  not  receive 
from  the  state  or  municipality  any  mileage  or  pay  for  personal 
transportation  as  such  state  or  covinty  or  municipal  official  over 

527 


the  steam  or  other  railways  over  which  he  has  free  or  reduced  rate 
transportation.  Puh.  Laws  iQoy,  ch.  153,  sec.  2,  as  amended  by 
Pub.  Laws  igiiy  ch.  4j,  sec.  2. 

Any  person  convicted  of  a  violation  of  any  of  the  provisions 
ai23  of  this  act  shall  be  punished  by  a  fine  not  less  than  $100  nor 
more  than  $500.    Same^  sec.  3. 

MASSACHUSETTS  Every  railroad  corporation  which  has  a  ter- 
minus in  Boston  shall  upon  the  appHcation  of  200  or  more  per- 
sons therefor  furnish  on  each  week  day  a  morning  train  in  and  an 
evening  train  out  for  distances  not  exceeding  1 5  miles,  or  suitable 

2124  cars  attached  to  other  trains,  and  reaching  and  leaving  Boston 
about  six  o'clock  in  the  forenoon  and  afternoon,  or  at  such  hours 
as  may  be  fixed  by  commission;  and  for  such  trains,  shall  furnish 
season  tickets  good  once  a  day  each  way  for  six  days  in  the  week, 
at  a  rate  not  exceeding  for  yearly  tickets  $3  a  mile  and  for 
quarterly  tickets  $1  a  mile.     Acts  igo6,  ch.  463,  pt.  ii,  sec.  i8y. 

Every  railroad  corporation  which  has  a  terminus  in  Boston 
shall  fiurdsh  such  number  of  workingmen's  trains,  not  less  than 
two  each  way,  as  commission  upon  a  petition  for  such  trains  filed 
with  it  shall  in  each  case  order.  Such  trains  shall  arrive  at  Bos- 
ton between  six  and  half  past  seven  o'clock  in  the  morning  and 
leave  Boston  between  the  same  hours  in  the  evening  and  special 

2125  cars  may  be  provided  therefor.  Season  tickets  good  once  a  day 
each  way  for  six  days  in  the  week  shall  be  furnished  for  such 
trains  at  a  rate  not  exceeding  for  yearly  tickets  $3  a  hiile  and  for 
quarterly  tickets  $1  a  mile.  Trip  tickets  now  issued  shall  be 
good  on  the  two  trains  authorized  by  this  section  and  shall  not 
be  withdrawn  when  the  rate  therefor  be  increased  without  the 
consent  of  commission.     Same,  sec.  188. 

A  street  railway  company  may  provide  cars  for  special  serv- 
ice, and  may  make  special  rates  therefor;  and  may  make  special 

2126  rates  for  workingmen  and  working  women  on  week  days  be- 
tween the  hours  of  five  and  seven  in  the  morning  and  five  and 
seven  in  the  evening,  and  for  children  attending  school.  Same, 
pt.  iii,  sec.  g8. 

The  rates  of  fare  charged  by  street  or  elevated  railway 
companies  for  the  transportation  of  pupils  of  the  public  schools 
or  public  evening  schools  or  private  schools  between  a  given 
point  from  or  to  which  it  is  necessary  for  them  to  ride  in  traveling 
to  or  from  the  school  houses  in  which  they  attend  school  and  their 

2127  homes,  whether  such  school  houses  are  located  in  the  city  or  town 
in  which  the  pupils  reside  or  in  another  city  or  town,  shall  not 

S28 


exceed  one-half  the  regvilar  fare  charged  by  such  street  or  ele- 
vated railway  company  for  the  transportation  of  other  passengers 
between  said  points,  and  tickets  for  the  transportation  of  pupils 
as  aforesaid,  good  during  the  days  or  evenings  on  which  said 
schools  are  in  session,  shall  be  sold  by  said  companies  in  lots  of 
ten  each.  A  railway  company  which  violates  the  provisions  of 
this  section  shall  forfeit  $25  for  each  offense.  Acts  igo8,  ch.  5^0, 
sec.  I. 

MICHIGAN  Any  railroad  corporation  may  make  contracts 

for  the  conveyance  of  passengers  upon  designated  trains  for  a 
specific  distance  at  fixed  times  at  such  reduced  rates  of  fare  as 
the  parties  may  agree  upon.     Tickets  may  be  issued  for  such 

J128  passengers  upon  which  shall  be  plainly  printed  the  terms  upon 
which  they  may  be  used.  Such  tickets  shall  not  entitle  the 
holder  to  ride  upon  any  train  hot  therein  designated  or  i^t  any 
tiine  beyond  that  stipulated  therein.     Comp.  Laws  iSgy,  sec. 

5255- 

No  common  carrier  shall  directly  or  indirectly  issue  or  give 
any  free  ticket,  free  pass  or  free  transportation  for  "passengers 
except  to  its  employes  or  their  families,  its  officers,  agents,  sur- 
geons, physicians  or  attorneys  at  law  and  members  of  their  fami- 
lies; or  to  former  railroad  employes  and  members  of  their  families, 
when  such  employes  have  become  disabled  in  the  railway  service, 
or  retired  upon  pensions,  and  to  members  of  the  families  of  de- 
ceased employes;  to  ministers  of  religion,  traveling  secretaries 
of  railroad  Yoimg  Men's  Christian  Associations,  persons  en- 
gaged exclusively  in  charitable  and  eleemosynary  work,  to  indi- 
gent, destitute  and  homeless  persons  and  to  such  persons  when 
transported  by  charitable  societies  or  hospitals,  and  the  necessary 
agents  employed  in  such  transportation;  to  inmates  of  the  na- 
tional homes  or  state  homes  for  disabled  volunteer  soldiers'  and 
sailors'  homes,  including  those  about  to  enter  and  those  return- 
ing home  after  discharge,  boards  of  managers  of  such  homes;  to 
necessary  caretakers  of  live  stock,  poultry,  fruit  and  vegetables; 
2149  to  employes  on  sleeping  cars  and  express  cars;  to  linemen  of  tele- 
graph and  telephone  companies  and  others  engaged  in  the  care 
and  operation  of  telegraph  and  telephone  lines;  to  railroad  postal 
employes,  postoffice,  customs  and  immigration  inspectors;  to 
newsboys  on  trains,  baggage  agents,  witnesses  attending  any 
legal  investigation  in  which  the  common  carrier  is  interested, 
persons  injured  or  killed  in  accidents  and  members  of  the  families 
of  the  same,  and  physicians  and  nurses  attending  such  persons, 

529 


and  dependent  relatives  of  injured  or  deceased  employes,  and 
such  other  persons  as  commission  may  from  time  to  time  by  spe- 
cial order  designate;  provided,  that  this  provision  shall  not  be 
construed  to  prohibit  the  interchange  of  passes  for  the  officers, 
agents,  attorneys  and  employes  of  common  carriers  and  their 
families;  nor  to  prohibit  any  common  carrier  from  carrying  pas- 
sengers free  with  the  object  of  providing  relief  in  cases  of  general 
epidemic,  pestilence  or  otherwise  calamitous  visitation;  pro- 
vided, fiu-ther,  that  nothing  shall  be  construed  to  prohibit  the  ex- 
change of  mileage  for  advertising  in  publications  of  general  circu- 
lation.    Pub.  Acts  igog,  no.  joo,  sec.  5(a). 

Any  common  carrier  wilfully  violating  this  provision  shall 
be  deemed  guilty  of  a  misdemeanor,  and  for  such  offense  on  con- 

8130  viction  shall  pay  to  the  state  a  penalty  of  not  less  than  $100  nor 
more  than  $500,  and  any  person  other  than  persons  excepted  in 
this  provision  who  uses  any  such  free  ticket,  free  pass  or  free 
transportation,  shall  be  subject  to  a  like  penalty.    Same. 

Nothing  herein  shall  prevent  the  carriage,  storage  or  hand- 
ling of  freight  free  or  at  reduced  rates  for  the  United  States,  the 
state  or  any  political  subdivision  thereof,  or  any  mimicipality 
thereof,  or  for  charitable  piuposes,  or  to  and  from  fairs  and 
expositions  for  exhibition  thereat,  or  household  goods,  or  other 
personal  property  of  railroad  employes,  or  the  interchange  of 
franks  for  the  free  transportation  of  personal  property  of  the 

2131  officers,  agents,  attorneys  and  employes  of  common  carriers  and 
their  families;  nor  to  prohibit  any  common  carrier  from  carrying 
property  free  with  the  object  of  providing  relief  in  cases  of  gen- 
eral epidemic,  pestilence  or  other  calamitous  visitations,  or  the 
issuance  of  mileage,  commutation,  excursion  passengers'  or 
party  tickets;  provided  that  such  tickets  shall  be  obtainable  by 
all  persons  applying  therefor  under  like  circimistances  and  condi- 
tions without  discrimination.     Same,  sec.  5(6). 

Nothing  in  this  act  shall  be  construed  to  prevent  concentra- 
tion, commodity,  transit  and  other  special  contract  rates,  but  all 
such  rates  shall  be  open  to  all  shippers  for  a  like  kind  of  traffic 
8182  imder  similar  circumstances  and  conditions,  and  shall  be  subject 
to  the  provisions  of  this  act  as  to  the  printing  and  the  filing  of  the 
same ;  provided,  all  such  rates  shall  be  under  the  supervision  and 
regulation  of  commission.    Same,  sec.  11. 

In  time  of  war  or  threatened  war  preference  and  precedence 

shall  upon  the  demand  of  the  governor  of  the  state  be  given  over 

2188  all  other  traffic  to  the  transportation  of  troops  and  material  of 

530 


war  and  carriers  shall  adopt  every  means  within  their  control 
and  facilitate  and  expedite  the  military  traffic.  Pub.  Acts  191 1, 
no.  7jp,  sec.  10(h). 

MINNESOTA  Nothing  shall  prevent  the  carriage,  storage  or 

handling  of  property  free,  or  at  reduced  rates  for  the  United 
States,  state  or  for  any  mtinicipal  corporation  thereof,  or  for 
charitable  purposes,  or  for  exhibition  at  fairs  or  expositions,  or  of 
stock  for  breeding  purposes;  or  the  issuance  of  mileage,  excursion 

2134  or  commutation  passenger  tickets  at  rates  equal  for  all  or  giving 
such  reduced  rates  to  ministers  of  religion,  sisters  of  charity,  mis- 
sionaries, students  of  any  educational  or  inmates  of  any  charitable 
institution;  nor  the  free  transportation  of  passengers  when  al- 
lowed by  law.     Rev.  Laws  igoj,  sec.  2010. 

Nothing  in  this  act  shall  apply  to  the  carriage,  storage  Or 
handling  by  any  common  carrier  of  property  free  or  at  reduced 
rates  for  the  United  States,  or  the  state  of  Minnesota,  or  for  any 

J136  municipal  government  or  corporation  within  the  state,  or  for  any 
charity,  religious  society  or  charitable  ptirpose,  or  to  or  from 
fairs  or  expositions,  or  for  stock  breeding  purposes,  or  for  carrying 
seed  grain.     Laws  1905,  ch.  176,  sec.  4. 

From  and  after  January  i,  1908,  it  shall  be  unlawful  for  any 
person,  association,  copartnership  or  corporation  or  any  repre- 
sentative thereof,  to  offer,  give  or  in  any  manner  fvimish  to  any 
person  either  for  himself  or  another,  any  free  pass  or  frank  or  any 
special  privilege  or  reduction  in  rate  withheld  from  any  other 
person  for  the  traveling  accommodation  or  transportation  of 
any  person  or  property  or  the  transmission  of  any  message  or 
commimication  except  to  persons  included  within  the  classes 
hereinafter  designated  and  limited,  and  it  shaU  also  be  unlawful 
for  any  person  not  included  within  the  classes  hereinafter  excepted 
and  limited  to  solicit  or  receive  either  for  himself  or  another  from 
any  person,  association,  copartnership  or  corporation,  or  use  in 
any  manner  or  for  any  purpose  any  free  pass  or  frank  or  special 
privilege  withheld  from  any  person  for  the  traveHng  accommo- 
dation or  transportation  of  any  person  or  property  or  the  trans- 
mission of  any  message  or  communication;  provided,  however, 
that  nothing  contained  in  this  act  shall  be  construed  to  prohibit 
or  to  make  imlawful  the  issuing  or  giving  of  any  such  free  ticket, 
free  pass  or  free  transportation  to  any  person  or  persons  within 
the  classes  hereinafter  excepted  or  limited  or  the  acceptance  or 
use  of  the  same  by  persons  within  such  classes,  that  is  to  say, 
officers,  bona  fide  agents,  surgeons,  physicians,  attorneys  and 

531 


^6  empfe}^  dt  siieh  raiiroad  or  other  companies  or  persons  affected 
%y  this  act,  and  dependent  members  of  their  families,  the  duly 
elected  representatives  of  railroad  labor  organizations,  children 
under  1 2  years  of  age,  ministers  of  religion,  secretaries  of  Yoimg 
Men's  Christian  Associations,  persons  exclusively  engaged  in 
charitable  and  eleemosynary  work,  indigent,  destitute  and  home- 
less persons,  and  such  persons  when  transported  by  charitable 
Societies  or  hospitals  or  by  public  charity,  and  necessary  agents 
iSiiployed  in  such  transportation,  inmates  of  national  homes  or 
state  homes  for  disabled  volimteer  soldiers,  inmates  of  soldiers' 
and  sailors'  homes,  including  those  entering  and  returning  from 
stich  homes,  and  boards  of  managers  of  such  homes,  postoffice, 
customs  and  immigration  inspectors;  witnesses  for  such  railroad 
companies  attending  any  legal  investigation  in  which  said  com- 
pany is  interested;  officials  and  linemen  of  telegraph  and  telephone 
companies;  ex-employes  retired  from  service  on  accoimt  of  age  or 
because  ctf  disability  sustained  while  in  the  service  of  said  rail- 
foad  company,  and  the  dependent  members  of  their  families,  or 
the  widows  or  dependent  children  of  employes  killed  while  in  the 
Service  df  such  railroad  company;  necessary  caretakers  of  live 
stock,  poultry,  vegetables  and  fruit  including  transportation  to 
and  from  the  point  of  delivery,  employes  on  sleeping  and  express 
mrs,  railway  ihail  service  employes,  newsboys  on  trains,  baggage 
agents  and  persons  injured  in  wrecks  and  physicians  and  nurses 
attending  them;  provided,  that  one  trip  pass  for  a  discharged 
employe  and  his  fanuly  may  be  issued  for  use  within  30  days 
of  such  discharge.     Laws  iQoy,  ch.  44Q,  sec.  i. 

Provided,  further,  that  the  provisions  of  this  act  shall  not  be 
construed  to  prohibit  and  make  -unlawful  the  interchange  of  passes 
and  express  and  other  franks  for  the  officers,  bona  fide  agents, 
surgeons,  physicians,  attorneys  and  employes  and  the  dependent 
2137  members  of  their  families,  of  any  person  or  company  affected  by 
this  act,  nor  to  prohibit  any  company  affected  by  this  act  from 
doing  any  of  the  things  prohibited  hereby  free,  with  the  object 
of  providing  relief  in  cases  of  general  epidemic,  pestilence  or  ca- 
lamitous visitation.     Same. 

Provided,  further,  that  the  provisions  of  this  act  shall  not  be 
construed  to  prohibit  or  make  unlawful  the  interchange  of  pas- 
senger transportation  and  message  service  between  such  railroad 
SIS8  companies  and  telegraph  companies;  and  provided,  further,  that 
the  provisions  of  this  act  shall  not  be  construed  to  prohibit  or 
make  unlawful  the  interchange  between  railroad,  express,  tele- 

532 


graph  and  telephone  companies  of  the  transportation  of  persons 
and  property  and  the  transmission  of  messages.     Same. 

Provided,  further,  that  no  free  transportation  shall  be  issued 
or  given  to  any  person  when  such  person  is  a  member  of,  employed 
by  or  in  any  way  connected  with  any  political  committee  or  can- 

S139  didate  for  or  incumbent  of  any  office  or  position  under  the 
constitution  and  laws  of  this  state  except  as  herein  provided. 
Same. 

Any  person,  corporation  or  company  or  any  officer  or  agent 
of  such  corporation  or  company  violating  any  of  the  provisions 

tt40  of  this  act  shall  be  guilty  of  a  misdemeanor  and  upon  conviction 
thereof  shall  be  punished  by  a  fine  of  not  exceeding  $ioo  or  by 
imprisonment  in  the  county,  jail  for  a  period  not  exceeding  go 
days.    Same,  sec.  j. 

It  shall  be  lawful  for  any  railroad  or  transportation  com- 
pany operating  in  this  state,  to  transport,  handle  or  store  free  or 
at  reduced  rates  for  the  United  States,  the  state  or  for  any  mtmic- 

sia  ipal  corporation  thereof  any  stone,  stonedust,  gravel,  sand  or 
any  other  material  to  be  used  in  building,  improving  or  repairing 
public  highways  by  any  of  the  said  entities  c«:  corporations  here- 
in mentioned.     Laws  iQii,  ch.  192,  sec.  i. 
See  also  par.  2008. 

MISSISSIPPI  It  is  imlawful  for  any  railroad  to  grant  free 

passes  or  tickets,  or  passes  or  tickets  at  reduced  rates  to  any 
person,  or  to  transport  or  suffer  any  person  to  be  transported  free 
of  charge  or  at  reduced  rates  not  applicable  to  all  persons  alike; 
but  this  shall  not  prevent  the  transportation  free  of  charge  or  at 
reduced  rates  of  persons  and  freight  for  a  scientific,  religious  or 
benevolent  purpose,  or  for  an  industrial  exhibition,  fair  or  asso- 
ciation of  a  public  nature,  nor  shall  such  transportation  of  im- 
migrants, persons  traveling  with  a  view  of  locating  immigrants 
and  dependent  and  unfortunate  persons ;  nor  shall  it  prevent  the 
sale  and  issuance  of  mileage,  excursion  and  commutation  tickets, 

2ii»  nor  the  free  carriage  of  the  railroad's  own  officers  and  all  persons 
bona  fide  in  its  employment  at  a  salary  or  regular  compensation, 
nor  the  exchange  of  passes  or  tickets  with  other  railroads  for  their 
officers  and  employes,  nor  its  free  carriage  of  the  class  of  persons 
known  as  railroad  employes,  all  persons  injured  in  railroad  acci- 
dents, and  all  physicians  and  niu^es  attendant  upon  injured  per- 
sons ;  nor  the  carriage  free  or  at  reduced  rates  of  the  members  of 
families  of  officers  and  employes  of  the  railroad.  However,  these 
exceptions  are  allowed  on  the  condition  that  the  railroad  shall 

533 


report  annually  to  commission  aU  free  passes  granted,  by  whom 
and  for  what  reason  granted.     Code  igo6,  sec.  4844. 
See  also  par.  1828. 

MISSOURI  Excursion  or  commutation  tickets  may  be  is- 

2143  sued  at  special  rates.     Reo.  Stats,  igog,  sec.  3174. 
See  also  par.  igi5. 

MONTANA  Excursion  or   commutation   tickets  may   be 

issued  and  sold  at  special  rates  provided  such  rates  are  the  same 

3144  to  all  persons.     Const.,  art.  ocv,  sec.  7. 

Nothing  in  any  of  the  provisions  of  law  of  the  state  shaU 
be  construed  to  prevent  or  shall  prevent  the  carriage  or  storage 
or  handling  of  property  free  or  at  reduced  rates  for  the  govern- 
ment of  the  United  States  or  of  the  state  of  Montana,  or  the 
owner  or  owners  of  any  fish  hatchery  within  the  state,  or  of  any 

8145  anglers'  association  organized  and  existing  therein,  whenever 
such  property  is  being  used  for  the  exclusive  piirpose  of  stock- 
ing or  planting  with  fish  or  fish  eggs  the  waters  within  the  state 
of  Montana;  and  nothing  herein  shall  be  construed  to  prevent 
or  shall  prevent  the  issuing  of  free  transportation  to,  or  the 
free  carriage  of,  or  selling  tickets  at  reduced  rates  to,  any  and  all 
persons  while  actually  engaged  in  transporting  fish  or  fish  eggs 
for  stocking  or  planting  the  waters  of  this  state  with  such  fish 
or  fish  eggs.     Laws  igii,  ch.  108,  sec.  i. 

No  common  carrier  of  passengers  shall  directly  or  indirectly 
issue,  furnish  or  give  any  free  ticket,  free  pass  or  free  transporta- 
tion 1  for  the  carriage  or  passage  of  any  person  within  this  state 

2146  except  as  permitted  in  section  two  of  this  act.  Nor  shall  any 
common  carrier  in  the  sale  of  tickets  for  transportation  at  re- 
duced rates  discriminate  between  persons  ptirchasing  the  same, 
except  the  persons  described  in  section  two  of  this  act.  Laws 
igii,  ch.  136,  sec.  i. 

The  persons  to  whom  free  tickets,  free  pass,  free  transporta- 
tion and  discriminating  reduced  rates  may  be  issued,  furnished  or 
given  are  the  following,  to  wit :  (a)  the  officers,  agents,  employes, 
attorneys,  physicians  and  surgeons  of  such  common  carriers  of 
passengers;  (b)  to  the  families  of  the  persons  included  in  sub- 
division *'a"  thereof;  (c)  the  general  officers  of  any  such  common 
carrier;  (d)  employes  of  sleeping  car  and  express  car  companies, 
and  linemen  of  telegraph  and  telephone  companies,  railway  mail 
service  employes,  postoffice  inspectors,  newsboys  on  trains,  bag- 

*The  definitions  of  the  words  "free  ticket."  "free  pass,"  and  "free  transportation" 
are  identical  with  the  definitions  in  Iowa  provisions.  See  footnote,  p.  04.  Laws  igih  ch, 
136,  sec.  I. 

534 


gage  agents;  (e)  persons  injured  in  wrecks  and  physicians  and 
niirses  attending  such  persons;  (/)  passengers  traveling  with  the 
object  of  providing  relief  in  cases  of  railroad  accident,  general 
epidemic,  pestilence  or  other  calamitous  visitation;  (g)  necessary 
caretakers  of  live  stock,  vegetables  and  fruit,  including  return 

2147  transportation  to  forwarding  station;  (h)  the  officers,  agents  or 
regularly  accredited  representatives  of  labor  organizations  com- 
posed wholly  of  employes  of  railway  companies;  (i)  inmates  of 
homes  for  the  reform  or  rescue  of  the  unfortunate  or  vicious, 
including  those  about  to  enter  and  those  returning  home  after 
discharge,  and  boards  of  managers,  including  officers  and  super- 
intendents of  such  homes;  (J)  superannuated  and  pensioned  em- 
ployes and  members  of  their  families  and  widows  of  such  mem- 
bers; (k)  employes  crippled  and  disabled  in  the  service  of  the 
common  carrier  of  passengers;  (l)  policemen  and  firemen  of  any 
city  wearing  the  insignia  of  their  office  within  the  limits  of  such 
city;  (m)  ministers  of  religion,  newspaper  employes  in  exchange 
for  advertising,  traveling  secretaries  of  Young  Men's  Christian 
Associations,  inmates  of  hospitals  and  charitable  and  eleemosy- 
nary institutions,  and  persons  exclusively  engaged  in  charitable 
and  eleemosynary  work;  (n)  indigent,  destitute  and  homeless 
persons  while  being  transported  by  charitable  societies  or  hos- 
pitals, and  necessary  agents,  employed  in  such  transportation; 
(o)  school  children  to  and  from  public  or  parochial  schools;  (p) 
commission  and  its  necessary  employes,  while  traveling  on  official 
duty.  The  provisions  of  this  act  shall  not  be  construed  to  pro- 
hibit the  interchange  of  passes  for  the  persons  to  whom  free 
tickets,  free  passes  or  free  transportation  may  be  furnished  or 
given  imder  the  provisions  of  this  section.  Nothing  in  this  act 
shall  be  construed  to  invaHdate  any  existing  contract  between  a 
street  railway  company  and  a  city  where  a  condition  of  a  fran- 
chise grant  requires  the  furnishing  of  transportation  to  police- 
men, firemen  and  officers  while  in  the  performance  of  official 
duties.     Same,  sec.  2. 

Any  common  carrier,  its  officers  or  agents  or  representa- 
tives violating  any  of  the  provisions  of  this  act  shall  be  fined  in  a 
sum  of  not  less  than  $10  nor  more  than  $300  for  each  offense,  and 

2148  any  person  other  than  the  persons  excepted  in  section  two  of  this 
act  who  accepts  or  uses  any  free  tickets,  free  pass  or  free  trans- 
portation for  carriage  or  passage  within  this  state,  shall  be  subject 
to  a  like  penalty.     Same,  sec.  3. 

See  also  par,  18 jj. 


NEBRASKA  Nothing  in  this  act  shall  prevent  the  carriage, 

storage  or  handling  of  freight  free  or  at  reduced  rates  for  the 

2149  state  or  for  any  city,  county  or  town  government  or  for  charitable 
purposes  or  to  and  from  fairs  and  expositions  for  exhibition  there- 
at.    Cobbey's  Annot.  Stats,  igog,  sec.  10662(g). 

It  shall  be  unlawful  for  any  railroad  company  or  corpo- 
ration owning  or  operating  any  line  or  lines  of  railroad  in  the 
state,  or  any  officer  or  agent  of  any  such  company  or  corpora- 
tion to  directly  or  indirectly  issue  or  give  to  any  person  or  persons 
any  free  ticket,  free  pass  or  free  transportation  in  any  form  for 
the  tragisportation  of  any  passenger  or  passengers,  on  or  over  any 
line  or  lines  of  railroad  or  any  part  thereof  so  owned  or  operated 
by  it  in  the  state  except  to  persons  within  the  classes  hereinafter 
designated  and  limited;  and  it  shall  also  be  unlawful  for  any 
person  or  persons  not  included  within  the  classes  hereinafter 
designated  and  limited  to  accept  and  use  any  such  free  ticket, 
free  pass  or  free  transportation  in  any  form  for  traveling  on  and 
over  any  line  or  lines  of  railroad  or  any  part  thereof  in  the  state. 
Provided,  however,  that  nothing  contained  in  this  act  shall  be 
construed  to  prohibit  or  make  unlawful  the  issuing  or  giving  of 
any  such  free  ticket,  free  pass  or  free  transportation  to  any  person 
or  persons  within  the  classes  herein  designated  and  limited,  or 
the  acceptance  or  use  of  the  same  by  persc«is  within  such  classes, 
ai50  viz.:  officers,  agents,  bona  fide  employes  the  major  portion  of 
whose  time  is  devoted  to  the  service  of  such  railroad  company 
and  the  dependent  members  of  their  immediate  families ;  children 
under  seven  years  of  age ;  officials  and  linemen  of  telegraph  com- 
panies; ex-employes  retired  from  service  on  account  of  age,  or  to 
their  widows,  or  because  of  disabihty  of  employes  sustained  while 
in  the  service  of  said  railroad  company  and  the  dependent  mem- 
bers of  their  immediate  families,  or  the  widows  or  dependent 
children  of  all  employes,  who  die  while  in  the  service  of  such  rail- 
road company,  or  to  transport  the  corpse  of  an  employe  dying  in 
the  service ;  necessary  caretakers  of  live  stock,  poiiltry,  vegetables 
and  fruit,  including  transportation  to  and  from  the  point  of  de- 
livery; employes  of  sleeping  car  companies,  and  express  com- 
panies, and  railway  mail  service  employes,  newsboys  on  trains, 
baggage  agents  and  persons  injured  in  wrecks  and  physicians 
and  nurses  attending  them.  Provided,  that  one  trip  pass  for  a 
discharged  employe  and  his  family  may  be  issued  for  use  within 
30  days  of  such  discharge.  Provided,  further,  that  the  provisions 
of  this  act  shall  not  be  construed  to  prohibit  and  make  imlawful 

»4 


the  interchange  of  passes  for  the  officers,  agents  and  employes 
and  the  dependent  members  of  their  immediate  families  of  other 
railroad  companies;  nor  to  prohibit  any  railroad  company  from 
carrying  passengers  free  with  the  object  of  providing  relief  in 
cases  of  general  epidemic,  pestilence  or  calamitous  visitation. 
Same,  sec.  10664. 

Any  railroad  company  or  corporation  or  any  person  or  per- 
sons violating  any  of  the  provisions  of  this  act  shall  be  deemed 
91S1  guilty  of  a  misdemeanor,  and  for  each  offense  on  conviction 
thereof  shall  pay  a  fine  of  not  less  than  $100  nor  more  than 
$1,000.     Same,  sec.  10665. 

See  also  pars.  1762,  1763,  ig20. 

NEVADA  Nothing  in  this  act  shall  be  construed  to  pre- 

vent concentration,  commodity,  transit  and  other  special  con- 
tract rates,  but  all  such  rates  shall  be  open  to  all  shippers  of  a 
like  kind  of  traffic  imder  similar  circumstances  and  conditions, 

2162  and  shall  be  subject  to  the  provisions  of  this  act  as  to  the  printing 
and  filing  of  the  same ;  provided  all  such  rates  shall  be  vmder  the 
supervision  and  regulation  of  commission.  Stats.  1907,  ch.  44, 
sec.  6. 

Nothing  herein  shall  prevent  the  carriage,  storage  or  han- 
dling of  freight  free  or  at  reduced  rates  for  the  United  States,  the 
state  or  any  political  subdivision  thereof,  or  any  municipality 
thereof,  or  for  charitable  purposes,  or  to  and  from  fairs  and 
expositions  for  exhibition  thereat,  or  household  goods  and  sup- 
plies, the  property  of  employes,  or  the  issuance  of  mileage,  com- 
mutation or  excursion  passengers'  tickets;  provided,  that  the 
same  shall  be  obtainable  by  any  persons  applying  therefor,  with- 
out discrimination,  or  of  party  tickets;  provided  that  the  same 
shall  be  obtainable  by  any  person  applying  therefor  under  like 
218S  circumstances  and  conditions.  This  act  shall  not  be  construed 
as  preventing  railroads  from  giving  free  transportation  xyr  re- 
duced rates  therefor  to  any  minister  of  the  gospel,  constable  in 
any  coimty  of  the  state,  officer  or  agent  of  incorporated  colleges, 
college  professors,  school  teachers,  students  attending  institu- 
tions of  learning,  regular  agents  of  charitable  societies  when 
traveling  upon  the  business  of  the  society  only,  destitute  or  home- 
less persons,  railroad  officers,  attorneys,  directors,  employes  or 
members  of  their  families,  or  bona  fide  ex-railroad  employes  of 
any  steam  or  electric  railroad  in  search  of  employment,  or  to  pre- 
vent the  exchange  of  passes  with  officers,  attorneys  or  employes 

55? 


of  other  railroads  and  members  of  their  families.     Stats,  igoj, 
ch.  44,  sec.  8,  as  amended  by  Stats,  igii,  ch.  igi,  sec.  i. 

Upon  any  shipment  of  live  stock  or  other  property  of  such 
nature  as  to  require  the  care  of  an  attendant  the  railroad  may 
furnish  to  the  shipper  or  some  person  or  persons  designated  by 
him,  free  transportation  for  such  attendant,  including  return  pas- 

2154  sage  to  the  point  at  which  the  shipment  originated;  provided, 
that  there  shall  be  no  discrimination  in  reference  thereto  between 
such  shippers,  and  commission  shall  have  power  to  prescribe 
regiilations  in  relation  thereto.  Same,  sec.  8{a),  as  amended  by 
Stats,  igii,  ch.  igi,  sec.  i. 

NEW  HAMPSHIRE  Season  and  mileage  tickets  may  be  sold  at 
reduced  rates;  and  special  rates  may  be  established  for  passengers 

2155  who  attend  agricultural  fairs  and  public  meetings,  for  parties  of 
pleasure,  and  for  military  and  other  organized  bodies.  Pub. 
Stats.,  ch.  i6o,  sec.  4. 

No  person  shall  ride  upon  a  car  or  train  who  has  not  paid  or 
does  not  pay  on  demand  the  established  rate  except  the  following : 
Stockholders  going  to  and  returning  from  stockholders'  meetings ; 
the  directors,  superintendent,  treasurer  and  clerk  of  the  proprie- 

2166  tors  of  other  railroads  with  which  their  road  has  connection;  per- 
sons in  charge  of  mails  and  expresses ;  and  poor  persons  and  persons 
in  misfortune  who  are  imable  to  pay  the  fare,  and  others  to  whom 
passes  have  been  granted  by  the  proper  officers.  Same,  sec.  5. 
No  carrier  ^  shall  directly  or  indirectly  issue  or  give  any  free 
ticket,  free  pass  or  free  transportation  for  passengers  between 
points  within  the  state  except  to  its  officers  and  employes  and 
their  families,  to  its  surgeons,  physicians  and  attorneys  at  law,^ 
to  ministers  of  religion,  traveling  secretaries  of  railroad  Young 
Men's  Christian  Associations,  inmates  of  hospitals  and  charitable 
and  eleemosynary  institutions,  and  persons  exclusively  engaged 
in  charitable  and  eleemosynary  work;  to  indigent,  destitute  and 
homeless  persons,  and  to  such  persons  when  transported  by 
charitable  societies  or  hospitals,  and  the  necessary  agents  em- 
ployed in  such  transportation;  to  inmates  of  the  national  homes 
or  state  homes  for  disabled  volimteer  soldiers,  and  of  soldiers' 

2157  and  sailors'  homes,  including  those  about  to  enter  and  those 
returning  home  after  discharge;  to  the  officers  and  executive 

1  The  word  "carrier"  as  used  in  this  act  shall  be  construed  to  mean  all  common  carriers 
of  passengers  including  railroads.     Laws  1909,  ch.  126,  sec.  i{i). 

'The  words  "employes,"  "surgeons,"  "physicians"  and  "attorneys  at  law"  as  used 
in  this  act  shall  be  construed  to  mean  only  such  persons  of  each  of  such  class  as  are  in  the 
employment  of  the  carrier  in  the  transaction  of  its  business.  The  word  "employe"  as 
used  in  this  act  shall  not  be  construed  so  as  to  include  political  legislative  agents.  Same, 
sec.  1(2). 

538 


board  of  the  New  Hampshire  Veteran  Association  for  the  exclu- 
sive purpose  of  arranging  for  its  annual  reunions;  to  necessary 
caretakers  of  live  stock,  poultry,  fruit  and  perishable  property; 
to  employes  on  parlor,  sleeping,  dining  and  express  cars,  and  to 
linemen  and  other  employes  of  telegraph  and  telephone  com- 
panies; to  railway  mail  service  employes,  postoffice,  customs  and 
immigration  inspectors;  to  policemen  and  firemen  while  in  dis- 
charge of  their  duties;  to  newsboys  and  venders  on  trains,  bag- 
gage agents,  witnesses  attending  any  legal  investigation  in  which 
the  carrier  is  interested,  persons  injured  in  wrecks  and  physicians 
and  nurses  attending  such  persons;  provided,  that  the  foregoing 
provisions  shall  not  be  construed  to  prohibit  the  issue  or  giving 
of  passes  for  the  officers  and  employes  of  other  railroads  or  com- 
mon carriers;  nor  to  prohibit  any  carrier  from  carrying  pas- 
sengers free  with  the  object  of  providing  relief  in  cases  of  general 
epidemic,  pestilence  or  other  calamitous  visitation.  Laws  igog, 
ch.  126,  sec.  2. 

No  common  carrier  shall  sell  or  furnish  transportation  to 
any  newspaper  publisher,  his  agents  or  employes  at  any  special 
or  reduced  rates  for  services  rendered  or  to  be  rendered,  and  all 
2158  contracts  for  advertising  between  newspaper  publishers  and  com- 
mon carriers  shall  be  made  at  regular  rates,  and  all  payments 
under  such  contracts  shall  be  made  in  full,  and  such  contracts 
shall  be  open  to  inspection  by  the  attorney  general  at  all  times. 
Same,  sec.  j. 

No  carrier  shall  directly  or  indirectly  issue  or  give  trans- 
portation to  any  person  at  a  special  or  reduced  rate  or  otherwise 
1169  with  the  purpose  of  evading  the  provisions  of  the  preceding 
sections.     Same. 

Any  carrier  or  any  officer  or  agent  of  a  carrier  violating  any 
of  the  foregoing  provisions  shall  on  conviction  be  fined  not  less 
than  $100  nor  more  than  $1,000.  Any  person  other  than  the  per- 
l  2160  sons  excepted  from  the  provisions  of  the  foregoing  section,  who 
uses  any  such  ticket,  free  pass,  free,  special  or  reduced  fare  trans- 
portation shall  upon  conviction  be  fined  not  less  than  $100  nor 
more  than  $1,000.     Same,  sec.  6. 

No  person  shall  be  excused  from  testifying  in  a  proceeding 
instituted  against  another  person  or  corporation  under  the  fore- 
going sections  for  the  reason  that  he  may  thereby  criminate  him- 
\  2161  self;  but  no  testimony  so  given  by  him  shall  be  used  directly  or 
indirectly  as  evidence  against  him  in  any  prosecution,  nor  shall 
he  be  prosecuted  thereafter  for  any  offense  so  disclosed  by  him. 
Same,  sec.  y. 


I 


539 


NEW  JERSEY  Nothing  in  this  act  shall  be  construed  to  pre- 

vent the  issue  by  any  steam  railroad,  street  railway,  traction, 
canal,  express,  telephone  or  telegraph  companies  or  other  com- 
mon carriers  of  free  passes  or  franks  to  their  employes,  officers, 

ai6i  agents,  surgeons,  physicians,  attorneys  at  law  and  their  families, 
and  the  interchange  between  said  public  utilities  and  common 
carriers  of  passes  or  franks  for  their  employes,  officers,  agents, 
surgeons,  physicians,  attorneys  at  law  and  their  families.  Laws 
igii,  ch.  ipj,  sec.  41. 

NEW  MEXICO  See  par.  1927. 

NEW  YORK  No  common  carrier  shall  directly  or  indirectly 

issue  or  give  any  free  ticket,  free  pass  or  free  transportation  for 
passengers  or  property  between  points  within  this  state  except 
to  its  officers,  employes,  agents,  pensioners,  surgeons,  physicians, 
attorneys  at  law  and  their  families ;  to  ministers  of  religion,  officers 
and  employes  of  railroad  Young  Men's  Christian  Associations, 
inmates  of  hospitals,  charitable  and  eleemosynary  institutions 
and  persons  exclusively  engaged  in  charitable  and  eleemosynary 
work;  and  to  indigent,  destitute  and  homeless  persons  and  to 
such  persons  when  transported  by  charitable  societies  or  hos- 
pitals and  the  necessary  agents  employed  in  such  transportation; 

2168  to  inmates  of  the  national  homes  or  state  homes  for  disabled  vol- 
unteer soldiers,  and  of  soldiers'  and  sailors'  homes,  including  those 
about  to  enter  and  those  returning  home  after  discharge,  and  to 
boards  of  managers  of  such  homes;  to  necessary  caretakers  of 
property  in  transit;  to  employes  of  sleeping  car  companies,  ex- 
press companies,  telegraph  and  telephone  companies  doing  busi- 
ness along  the  line  of  the  issuing  carrier;  to  railway  mail  service 
employes,  postoffice,  customs  and  immigration  inspectors;  to 
newsboys  on  trains,  baggage  agents,  witnesses  attending  any  legal 
investigation  or  proceeding  in  which  the  common  carrier  is  inter- 
ested; persons  injured  in  accidents  or  wrecks  and  physicians  and 
nurses  attending  such  persons;  to  the  carriage  free  or  at  reduced 
rates  of  persons  or  property  for  the  United  States,  state  or  munici- 
pal government,  or  of  property  to  or  from  fairs  and  expositions 
for  exhibit  thereat.     Laws  igiOy  ch.  480,  sec.  33(2). 

Nothing  in  this  chapter  shall  be  construed  to  prohibit  the 
interchange  of  free  or  reduced  transportation  between  common 
carriers  of  or  for  their  officers,  agents,  employes,  attorneys  and 
surgeons,  and  their  families,  nor  to  prohibit  any  common  carrier 
from  carrying  passengers  or  property  free,  with  the  object  of  pro- 
viding relief  in  cases  of  epidemic,  general  pestilence  or  other  ca- 

540 


lamitous  visitation;  nor  to  prohibit  any  common  carrier  from 
transporting  persons  or  property  as  incident  to  or  connected  with 
contracts  for  construction,  operation  or  maintenance,  and  to  the 

SIM  extent  only  that  such  free  transportation  is  provided  for  in  the 
contract  for  such  work;  nor  to  prevent  any  common  carrier  from 
transporting  children  under  five  years  of  age  free.  Provided, 
further,  that  nothing  in  this  chapter  shall  prevent  the  issuance  of 
mileage,  excursion,  school  or  family  commutation,  commutation 
passenger  tickets,  half-fare  tickets  for  the  transportation  of  chil- 
dren under  1 2  years  of  age,  or  any  other  form  of  reduced  passenger 
tickets,  or  joint  interchangeable  mileage  tickets,  with  special 
privileges  as  to  the  amount  of  free  baggage  that  may  be  carried 
under  mileage  tickets  of  j,ooo  miles  or  more.  Nor  shall  anything 
in  this  chapter  prevent  the  issuance  of  passenger  transportation 
in  exchange  for  advertising  space  in  newspapers  at  fvill  rates. 
Same,  sec.  33(3),  as  amended  by  Laws  iqji,  ch.  540. 

Nothing  in  this  section  or  any  other  provision  of  law  shall  be 
deemed  to  limit  the  power  of  commission  to  require  the  sale  of, 
and  upon  investigation  prescribe  reasonable  and  jiist  fares  as  the 
maximum  to  be  charged  for,  commutation,  school  or  family  com- 
mutation, mileage  tickets  over  railroads  or  street  railroads,  joint 

2169  interchangeable  mileage  tickets,  round  trip  excursion  tickets,  or 
any  other  form  of  reduced  rate  passenger  tickets  over  such  rail- 
roads or  street  railroads;  provided,  that  all  special  round  trip 
excursion  tickets,  the  sale  of  which  is  limited  to  less  than  30  days, 
except  round  trip  excursion  tickets  to  the  state  fair  and  return 
during  the  holding  thereof,  shall  be  deemed  exempt  from  such  reg- 
ulation by  commission.  Same,  sec.  33(4),  as  amended  by  Laws 
igii,  ch.  $40. 

No  telegraph  or  telephone  corporation  shall  directly  or  in- 
directly give  any  free  or  reduced  service  or  any  free  pass  or  frank 
for  the  transmission  of  messages  by  either  telephone  or  telegraph 
between  points  within  the  state  except  to  its  officers,  employes, 
agents,  pensioners,  surgeons,  physicians,  attorneys  at  law  and 

2166  their  families;  to  persons  or  corporations  exclusively  engaged  in 
charitable  and  eleemosynary  work  and  ministers  of  religions;  to 
officers  and  employes  of  other  telegraph,  telephone,  railroad  and 
street  railroad  corporations.  But  this  subdivision  shall  not  apply 
to  state,  municipal  or  federal  contracts.  Same,  sec.  92(3),  as 
amended  by  Laws  igii,  ch.  124. 

NORTH  CAROLINA  Nothing  in  this  chapter  shall  prevent  the  car- 
riage, storage  or  handling  of  property  free  or  at  reduced  rates 

541 


for  the  United  States,  state  or  municipal  governments  or  for 
charitable  or  educatioi;ial  purposes;  or  for  any  corporation  or 
association  incorporated  for  the  preservation  and  adornment  of 
any  historic  spot,  or  to  the  employes  or  officers  of  such  company 
or  association  while  traveling  in  the  performance  of  their  duties, 
provided,  they  shall  not  travel  further  than  ten  miles  one  way  on 
any  one  trip  free  of  charge,  or  to  or  from  fairs  or  exhibitions  for 
exhibition  thereat ;  or  the  free  carriage  of  destitute  and  homeless 
persons  transported  by  charitable  societies,  and  the  necessary 
agents  employed  in  such  transportation,  or  the  free  transporta- 
tion of  persons  traveling  in  the  interest  of  orphan  asylums  or 
homes  for  the  aged  and  infirm,  or  any  department  thereof,  or  ex- 
confederate  soldiers  attending  annual  reunions,  or  the  issuance  of 
mileage  excursion  or  commutation  passenger  tickets;  or  to  pro- 
hibit any  common  carrier  from  giving  reduced  rates  to  ministers 
of  religion,  or  to  mimicipal  governments  for  the  transportation 
of  indigent  persons,  or  to  inmates  of  national  homes  or  state 
homes  for  disabled  volimteer  soldiers,  or  of  soldiers'  and  sailors' 
orphan  homes,  including  those  about  to  enter  and  those  retiiming 
2167  home  after  discharge  tmder  arrangements  with  the  board  of  man- 
agers of  said  homes;  or  furloughed,  pensioned  and  superannuated 
employes,  persons  who  have  become  disabled  or  infirm  in  the  serv- 
ice of  any  such  common  carrier,  and  the  remains  of  a  person 
killed  in  the  employment  of  a  common  carrier,  and  ex-employes 
traveling  for  the  purpose  of  entering  the  service  of  any  such  com- 
mon carrier,  and  the  families  of  those  persons  named;  also  the 
families  of  persons  killed  and  the  widows  during  widowhood  and 
minor  children  during  minority  of  persons  who  died  while  in  the 
service  of  any  such  common  carrier;  or  to  prevent  common  car- 
riers from  giving  free  carriage  to  their  own  officers  and  employes 
and  members  of  their  families,  or  to  prevent  the  principal  officers 
of  any  common  carrier  from  exchanging  passes,  franks  or  tickets 
with  other  common  carriers  for  their  officers  or  employes  and 
members  of  their  families.  Nothing  in  this  section  shall  be  con- 
strued to  prevent  or  restrict  transportation  companies  from  con- 
tracting with  newspapers  for  advertising  space  in  exchange  for 
transportation  over  their  lines  to  such  an  extent  as  may  be  agreed 
upon  between  the  two  parties  for  said  consideration.  The  com- 
missioners and  their  clerks  shall  be  transported  free  of  charge 
over  the  railroads  and  over  transportation  lines  which  are  under 
the  supervision  of  commission ;  and  when  traveling  on  official  bus- 
iness they  may  take  with  them  experts  or  other  agents  whose 

542 


service  they  may  deem  temporarily  of  public  importance.      PeWs 
Revisal  iqo8,  sec.  1105. 

Any  person  or  persons  except  those  permitted  by  law  who 
accept  free  transportation  shall  be  guilty  of  a  misdemeanor  and 
on  conviction  shall  be  fined  or  imprisoned  or  both  in  the  discre- 
tion of  the  court;  and  any  railroad  or  its  employes  or  agents 
2168  giving  free  transportation  of  any  kind  whatsoever  except  that 
peimitted  by  law,  shall  be  guilty  of  a  misdemeanor  and  on  con- 
viction shall  be  fined  not  less  than  $500  or  more  than  $2,000  for 
each  offense.  Acts  igo8,  ch.  144,  sec.  4. 
See  also  par.  8jy. 

NORTH  DAKOTA  Nothing  herein  contained  shall  be  so  con- 
strued as  to  prevent  railroad  corporations  from  issuing  commuta- 

S169  tion,  exciu*sion  or  1,000  mile  tickets  provided  the  same  are 
issued  alike  to  all  applying  therefor.  Rev.  Codes  igo^,  sec.  4369. 
Nothing  in  this  article  shall  apply  to  the  carriage,  storage  or 
handling  of  property  free  or  at  reduced  rates  for  the  United  States 
or  this  state,  or  mimicipal  governments  or  for  charitable  purposes 
or  to  and  from  fairs  and  expositions  for  exhibition  thereat,  or 
for  the  employes  of  such  common  carriers  or  their  families,  or 
private  property  or  goods  for  the  family  use  of  employes  of  such 
common  carriers,  or  the  issuance  of  mileage,  excursion  or  com- 
mutation passenger  tickets.     Nothing  in  this  article  shall  be 

2170  construed  to  prohibit  any  railroad,  railroad  corporation  or  com- 
mon carrier  from  giving  reduced  passenger  rates  to  ministers  of  re- 
ligion, or-to  prevent  railroads  from  giving  free  carriage  to  their  own 
officers  and  employes  and  their  families  or  others  and  to  persons 
in  charge  of  live  stock  being  shipped  from  the  point  of  shipment 
to  destination  and  retiim;  and  nothing  in  this  article  contained 
shall  in  any  way  abridge  or  alter  the  remedies  now  existing  at 
common  law,  or  by  statute,  but  the  provisions  of  this  article  are 
in  addition  to  such  remedies;  provided  that  no  pending  litigation 
shall  in  any  way  be  affected  by  this  article.     Same,  sec.  4374. 

No  common  carrier  shall  directly  or  indirectly  issue  or  give 
any  free  ticket,  free  pass  or  free  transportation  for  passengers 
except  to  its  employes  and  their  families,^  its  officers,  bona  fide 
agents,  surgeons,  physicians  and  attorneys  at  law  on  the  pay 
roll  of  the  common  carrier;  to  ministers  of  religion,  traveling  secre- 
taries of  railroad  Young  Men's  Christian  Associations,  inmates 
of  hospitals  and  charitable  and  eleemosynary  institutions,  and 

1  The  definitions  of  the  'terms  "  employes  "  and  •'  families  "  are  identical  with  the  defi- 
nitions in  United  States  provisions.    See  footnote,  p.  84.    Laws  191 1*  ch.  138,  sec.  i. 

543 


perscms  exclusively  engaged  in  charitable  and  eleemosynary  work ; 
to  indigent,  destitute  and  homeless  persons,  and  to  such  persons 
when  transported  by  charitable  societies  or  hospitals  and  the 
necessary  agents  employed  in  such  transportation;  to  inmates  of 
national  homes  or  state  homes  for  disabled  volunteer  soldiers, 
and  of  soldiers'  and  sailors'  homes  including  those  about  to  enter 
and  those  returning  home  after  discharge,  to  necessary  caretakers 
of  liye  stock,  poultry,  milk,  fruit  and  vegetables;  to  employes 
on  sleeping  cars,  express  cars  and  to  linemen  of  telegraph  and 
telephone  companies  if  operated  in  connection  with  said  common 
carriers;  to  railway  mail  service  employes,  postoffice,  customs 
and  immigration  inspectors;  to  newsboys  on  trains,  baggage 
agents,  witnesses  attending  any  legal  investigation  in  which  the 
common  carrier  is  interested;  to  persons  injured  in  wrecks  and 
1171  physicians  and  nurses  attending  such  persons.  Provided,  further, 
that  the  provisions  of  this  act  shall  not  be  construed  to  prohibit  or 
make  unlawful  the  transportation  of  city  policemen,  firemen, 
mail  carriers  and  postmen  on  the  street  railways  in  the  cities  of 
this  state.  Provided,  further,  that  the  provisions  of  this  act  shall 
not  be  construed  to  make  imlawful  the  granting  of  reduced  home 
seekers'  rates  or  the  granting  of  round  trip  excursion  rates  to  any 
class  of  persons,  provided,  that  all  persons  of  that  class  shall  be 
allowed  equal  privileges  in  respect  to  such  home  seekers'  or  ex- 
cursion rates,  but  exctirsion  rates  shall  not  be  allowed  any  per- 
sons or  representatives  of  any  political  party  to  enable  them  to 
attend  any  political  meeting  either  as  delegates  or  otherwise. 
Provided,  further,  that  the  provisions  of  this  act  shall  not  be 
construed  to  make  imlawful  the  granting  of  free  transportation 
to  persons  engaged  in  the  state  geological  survey,  farmers'  in- 
stitute lecturers,  and  persons  rendering  service  on  ''good  farming 
special  trains. "  Provided,  further,  that  this  provision  shall  not 
be  construed  to  prohibit  the  interchange  of  passes  for  officers, 
s^gents  and  employes  of  common  carriers  and  their  families;  nor 
to  prohibit  any  common  carrier  from  carrying  passengers  free 
with  the  object  of  providing  relief  in  cases  of  general  epidemic, 
pestilence  or  other  calamitous  visitation;  and  provided,  further, 
that  this  provision  shall  not  be  construed  to  prohibit  the  privi- 
lege of  passes  or  franks  or  the  exchange  thereof  with  each  other 
for  the  officers,  agents,  employes  and  their  families  of  express 
companies  and  their  officers,  agents,  employes  and  their  families 
of  other  common  carriers  subject  to  the  provision  of  this  act. 
Laws  jQii,  ch.  ij8,  sec.  i. 

544 


Any  common  carrier  violating  any  of  the  provisions  of  this 
act  shall  be  deemed  guilty  of  a  misdemeanor,  and  shall  upon  con- 
viction thereof  in  any  district  court  of  this  state  of  competent 
f  1172  jurisdiction,  be  subject  to  a  fine  of  not  more  than  $500  for  each 
offense;  and  any  person  other  than  the  persons  excepted  in  this 
act  who  uses  any  such  free  ticket,  free  pass  or  free  transporta- 
tion shall  be  subject  to  a  like  penalty.     Same,  sec.  2. 

OHIO  Nothing  in  this  chapter  shall  prevent  concen- 

tration, commodity,  transit  or  other  special  contract  rates,  but 
all  such  rates  shall  be  subject  to  the  provisions  of  this  chapter  as 

ai73  to  their  printing  and  filing,  shall  be  open  to  all  shippers  for  a  like 
kind  of  traffic  under  similar  circumstances  and  conditions,  and 
shall  be  tinder  the  supervision  and  regulation  of  commission. 
Code  1910,  sec.  jij. 

Nothing  in  this  chapter  shall  prevent  the  carriage,  storage 
or  handling  of  freight  free  or  at  reduced  rates  for  the  United 
States,  the  states,  any  political  subdivision  or  municipality 
thereof,  for  charitable  purposes,  to  and  from  fairs  and  expositions 

2174  for  exhibition  thereat,  or  household  goods  the  property  of  rail- 
way employes;  or  the  issuance  of  mileage,  commutation  or  ex- 
cursion passenger  tickets,  if  obtainable  by  any  person  applying 
therefor  without  discrimination,  or  of  party  tickets,  if  obtain- 
able by  all  persons  applying  therefor  imder  like  circumstances  and 
conditions.     Same,  sec.  515. 

No  railroad  company  owning  or  operating  a  railroad  wholly 
or  in  part  within  this  state  shall  directly  or  indirectly  issue  or 
give  a  free  ticket,  free  pass  or  free  transportation  for  passengers 
except  to  its  employes  and  their  families,  its  officers,  agents, 
surgeons,  physicians  and  attorneys  at  law;  to  ministers  of  re- 
ligion, traveling  secretaries  of  railroad  Young  Men's  Christian 
Associations,  inmates  of  hospitals  and  charitable  and  eleemosy- 
nary institutions,  and  persons  exclusively  engaged  in  charitable 
and  eleemosynary  work;  to  indigent,  destitute  and  homeless 
persons,  and  to  such  persons  when  transported  by  charitable  so- 
ws cieties  or  hospitals,  and  the  necessary  agents  employed  in  such 
transportation;  to  inmates  of  the  national  homes  or  state  homes 
for  disabled  volunteer  soldiers,  and  soldiers'  and  sailors'  homes, 
including  those  about  to  enter  and  those  returning  home  after 
discharge,  and  boards  of  managers  of  such  homes;  to  necessary 
caretakers  of  live  stock,  poultry  and  fruit ;  to  employes  on  sleep- 
ing cars,  express  cars,  and  to  linemen  of  telegraph  and  telephone 
companies;  to  railway  mail  service  employes,  postoffice,  custora 

545 


and  immigration  inspectors;  to  newsboys  on  trains,  baggage 
agents,  witnesses  attending  any  legal  investigation  in  which  the 
railroad  is  interested,  persons  injured  in  wrecks  and  physicians 
and  nurses  attending  such  persons.     Same,  sec.  516. 

The  next  preceding  section  shall  not  be  construed  to  pro- 
hibit the  interchange  of  passes  for  officers,  agents  and  employes 
and  their  families,  nor  to  prohibit  any  railroad  company  from 

2176  carrying  passengers  free  in  order  to  provide  relief  in  cases  of 
general  epidemics,  pestilence  or  other  calamitous  visitation.  Same, 
sec.  517. 

Any  railroad  company  violating  the  provision  of  the  pre- 
ceding three  sections,  for  each  offense  shall  be  fined  not  less  than 
$50  nor  more  than  $500,  and  any  person  other  than  the  persons 

tin  excepted  in  such  sections  who  uses  such  free  ticket,  free  pass  or 
free  transportation  shall  be  subject  to  a  like  penalty.  Same, 
sec.  518. 

Free  service  or  service  for  less  than  cost  shall  not  be  fur- 
nished for  the  purpose  of  destroying  competition,  and  such  free 

51178  service  and  every  such  charge  is  prohibited  and  declared  unlaw- 
ful.    Laws  igii,  no.  325,  sec.  16. 

Nothing  in  this  act  contained  shall  prevent  any  public 
utility  or  railroad  from  granting  the  whole  or  any  part  of  its 
property  for  any  public  purpose,  or  granting  reduced  rate  or  free 

1179  service  of  any  kind  to  the  United  States  government,  the  state 
government  or  any  political  division  or  subdivision  thereof,  or 
for  charitable  purposes  or  for  fairs  or  expositions  or  to  any  officer 
or  employe  of  such  public  utility  or  railroad  or  his  family,  and 
all  contracts  and  agreements  made  or  entered  into  by  such  public 
utility  or  railroad  for  such  use,  reduced  rates  or  free  service  shall 
be  valid  and  enforceable  at  law.     Same,  sec.  75. 

OKLAHOMA  No  railroad  corporation  or  transportation  or 

transmission  company  shall  directly  or  indirectly  issue  or  give 
any  free  frank  or  free  ticket,  free  pass  or  other  free  transporta- 
tion for  any  use  within  the  state  except  to  its  officers,  agents, 
surgeons,  physicians  and  attorneys  at  law;  to  ministers  of  religion, 
traveling  secretaries  for  railroad  Young  Men's  Christian  Asso- 
ciations, inmates  of  hospitals  ar^d  charitable  and  eleemosynary 
institutions  and  persons  exclusively  engaged  in  charitable  and 
eleemosynary  work,  to  indigent,  destitute  and  homeless  persons, 
and  to  such  persons  when  transported  by  charitable  societies  or 
hospitals,  and  the  necessary  agents  employed  in  such  transporta- 
tion; to  inmates  of  national  homes  or  state  homes  for  disabled 

546 


i 


volunteer  soldiers,  and  of  soldiers'  and  sailors'  homes  including, 
those  about  to  enter  and  those  returning  home  after  discharge, 
and  boards  of  managers  of  such  homes;  to  members  of  volunteer 
fire  departments  and  their  equipage  while  traveling  as  such;  to 
necessary  caretakers  of  live  stock,  poultry  and  fruit ;  to  employes 
of  sleeping  cars,  of  express  cars  and  to  linemen  of  telegraph  and 
telephone  companies;  to  railway  mail  service  employes,  post- 
office,  custom^  and  immigration  inspectors;  to  newsboys  on 
ai80  trains,  baggage  agents,  witnesses  attending  any  legal  investiga- 
tion in  which  the  railroad  company  or  transportation  company  is 
interested,  persons  injured  in  wrecks  and  physicians  and  nurses 
attending  such  persons;  provided,  that  this  provision  shall  not 
be  construed  to  prohibit  the  interchange  of  passes  for  the  officers, 
agents  and  employes  of  common  carriers  and  their  families;  nor 
to  prohibit  any  common  carriers  from  carrying  passengers  free 
with  the  object  of  providing  relief  in  cases  of  general  epidemic, 
pestilence  or  other  calamitous  visitation;  nor  to  prevent  them 
from  transporting  free  of  charge  to  their  places  of  employment 
persons  entering  their  service,  and  the  interchange  of  passes  to 
that  end,  and  any  railroad,  transportation,  or  transmission  com- 
pany or  any  person  other  than  the  persons  excepted  in  this  pro- 
vision who  grants  or  uses  any  such  free  frank,  free  ticket,  free 
pass  or  free  transportation  within  this  state  shall  be  deemed 
guilty  of  a  crime,  and  the  legislature  shall  provide  proper  penal- 
ties for  the  violation  of  any  provisions  of  this  section  by  the 
railroad  or  transportation  or  transmission  company  or  by  any 
individual;  provided  that  nothing  herein  shall  prevent  the  legis- 
lature from  extending  these  provisions  so  as  to  exclude  such 
free  transportation  or  franks  from  other  persons.  Const.,  art. 
ix,  sec,  jj. 

See  also  par.  1934. 

OREGON  Nothing  in  this  act  shall  be  construed  to  pre- 

vent concentration,  commodity,  transit  and  other  special  con- 
tract rates,  but  all  such  rates  shall  be  open  to  all  shippers  for  a 
like  kind  of  traffic  tinder  similar  circumstances  and  conditions, 

1181  and  shall  be  subject  to  the  provisions  of  this  act  as  to  the  print- 
ing and  filing  of  the  same;  provided,  all  such  rates  shall  be  under 
the  supervision  and  regulation  of  commission.  Gen.  Laws  igoy, 
ch.  53,  sec.  ig. 

Nothing  herein  shall  prevent  the  carriage,  storage  or  hand- 
ling of  freight  free  or  at  reduced  rates  for  the  United  States,  the 
state,  or  any  municipality  thereof,  or  for  charitable  purposes,  or 

547 


to  and  from  fairs  and  expositions  for  exhibition  thereat,  or  house- 
hold goods  the  property  of  railway  employes,  or  commodities 
shipped  by  employes  for  their  own  exclusive  use  or  consumption; 
or  the  issuance  of  mileage,  commutation,  party  or  excursion 
passengers'  tickets  provided  the  same  shall  be  obtainable  by  all 
persons  applying  therefor  imder  Hke  circumstances  and  con- 
ditions, or  the  sale  of  such  tickets  as  were  usually  and  customarily 
sold  at  reduced  rates  prior  to  January  i,  1907,  provided,  the 
same  are  sold  without  discrimination  to  all  persons  applying  there- 
for imder  like  circimistances  and  conditions.  This  act  shall  not 
be  construed  as  preventing  railroads  from  giving  free  trans- 
portation or  reduced  rates  therefor  to  its  officers,  agents,  sur- 
geons, physicians,  employes  and  attorneys  at  law,  or  members  of 
their  families,  or  to  former  railroad  employes  or  members  of 
their  families  where  such  employes  have  become  disabled  in  the 
railway  service,  or  are  unable  from  physical  disqualification  to 
continue  in  the  service,  or  to  members  of  the  families  of  deceased 
railroad  employes;  or  state  and  district  officers  of  the  state  and 
coimty  judges  and  sheriffs  of  the  various  coimties  of  the  state  in 
cases  where  the  same  is  now  or  may  hereafter  be  required  by 
law;  to  ministers  of  religion,  traveling  secretaries  of  railroad 
Yoimg  Men's  Christian  Associations,  inmates  of  hospitals  and 
2182  charitable  and  eleemosynary  institutions  and  persons  exclusively 
engaged  in  charitable  and  eleemosynary  work,  to  officers  or  agents 
of  incorporated  colleges,  to  indigent,  destitute  and  homeless 
persons,  and  to  such  persons  when  transported  by  charitable 
societies  or  hospitals,  and  the  necessary  agents  employed  in  such 
transportation;  to  inmates  of  the  national  homes  or  state  homes 
for  disabled  volunteer  soldiers,  and  of  soldiers'  and  sailors'  homes, 
including  those  about  to  enter  and  those  returning  home  after 
discharge,  and  boards  of  managers  of  such  homes;  to  employes  on 
sleeping  cars,  express  cars  and  to  linemen  of  telegraph  and  tele- 
phone companies;  to  officers  of  the  United  States  reclamation 
service;  to  United  States  live  stock  inspectors;  to  railroad  mail 
service  employes,  postoffice,  customs  and  immigration  inspec- 
tors; to  newsboys  on  trains,  baggage  agents,  witnesses  attending 
any  legal  investigation  in  which  the  railroad  is  interested,  persons 
injured  in  wrecks  and  physicians  and  nurses  attending  such  per- 
sons; nor  shall  this  act  be  construed  to  prevent  the  interchange 
of  passes  for  the  officers,  agents  or  employes  of  common  carriers 
and  their  families,  nor  to  prevent  any  railroad  from  carrying  pas- 
sengers free  with  the  object  of  providing  relief  in  cases  of  general 

548 


epidemic,  pestilence  or  other  calamitous  visitation.  Upon  any 
shipment  of  live  stock,  poultry,  fruit  or  other  property  of  such 
nature  as  to  require  the  care  of  an  attendant,  the  railroad  may 
furnish  to  the  shipper  or  some  person  or  persons  designated  by 
him,  free  transportation  for  such  piupose,  including  return  passes 
to  the  point  at  which  the  shipment  originated;  provided,  there 
shall  be  no  discrimination  in  reference  thereto  between  such  ship- 
pers, and  commission  shall  have  power  to  prescribe  regulations 
in  relation  thereto.     Same,  sec.  21. 

It  shall  be  lawful  for  any  railroad  within  the  state  to  trans- 
port free  or  at  reduced  rates  the  national  guard  of  the  state  or  of 
other  states,  or  volimteer  or  regular  army  of  the  United  States, 

2183  or  military  stores,  property  or  equipments  when  such  transporta- 
tion is  necessary  for  military  purposes,  and  such  railroad  shall 
not  thereby  be  deemed  guilty  of  an  tmjust  discrimination  or  an 
undue  preference.     Gen.  Laws  igii,  ch.  j6,  sec.  i. 

This  section  shall  not  be  construed  to  prohibit  the  privilege 
of  passes  or  franks  or  the  exchange  thereof  with  each  other  for 
the  officers,  agents,  employes  and  their  families  of  street  railroads, 
telegraph,  telephone  and  cable  lines  and  the  officers,  agents  and 
employes  and  their  families  of  other  street  railroads,  telegraph, 
telephone  and  cable  lines  and  with  the  officers,  employes  and 
their  families  of  railroad,  express  and  sleeping  car  lines,  tmion 
depots  and  other  common  carriers;  provided,  however,  that 
nothing  in  this  act  shall  be  construed  to  prevent  telephone, 
telegraph  and  cable  companies  from  entering  into  contracts  with 
common  carriers  for  the  exchange  of  services.  Nothing  herein 
shall  prevent  the  transportation  of  persons  or  property  or  the 

2184  production,  transmission,  delivery  or  furnishing  of  heat,  light, 
water  or  power,  or  the  conveying  of  telegraph  or  telephone  mes- 
sages within  this  state  free  or  at  reduced  rates  for  the  United 
States,  the  state,  or  any  municipality  thereof,  or  for  charitable 
purposes,  or  to  employes  of  any  such  public  utility  for  their  own 
exclusive  use  and  benefit,  nor  prevent  any  such  pubHc  utility 
from  giving  free  transportation  or  service  or  reduced  rates  there- 
for, to  its  officers,  agents,  surgeons,  physicians,  employes  and 
attorneys  at  law,  or  members  of  their  families,  or  to  former  em- 
ployes of  such  public  utilities  or  members  of  their  families  where 
such  former  employes  have  become  disabled  in  the  service  of  such 
public  utility  or  are  unable  from  physical  disqualification  to 
continue  in  the  service,  or  to  members  of  families  of  deceased 
employes  of  such  public  utility;  to  ministers  of  religion,  inmates 

549 


of  hospitals  and  charitable  and  eleemosynary  institutions  and  per- 
sons exclusively  engaged  in  charitable  and  eleemosynary  work. 
Gen.  Laws  igii,  ch.  zyg,  sec.  63. 
See  also  par.  1935. 

PENNSYLVANIA  No  railroad,  railway  or  other  transportation 
company  shall  grant  free  passes  or  passes  at  a  discoimt  to  any 

2185  person  except  officers  or  employes  of  the  company.  Const.,  art. 
xvii,  sec.  8. 

RHODE  ISLAND  A  public  utility  may  issue  or  give  free  trans- 
portation or  service  to  its  employes  and  their  families,  its  officers, 

ai86  agents,  surgeons,  physicians  and  attorneys  at  law  and  to  the 
officers,  agents  and  employes  and  their  families  of  any  other 
public  utility.     Acts  igi2,  ch.  795,  sec.  42(a). 

With  the  approval  of  commission,  any  public  utiHty  may 
give  free  transportation  or  service  upon  such  conditions  as  such 
public  UtiHty  may  impose,  or  grant  special  rates  therefor  to  the 
state,  to  any  town  or  city  or  to  any  water  or  fire  district  and  to 

2187  the  officers  thereof,  for  public  purposes,  and  also  to  any  special 
class  or  classes  of  persons  not  otherwise  referred  to  in  this  section, 
in  cases  where  the  same  shall  seem  to  commission  just  and  reason- 
able or  required  in  the  interests  of  the  public,  and  not  unjustly 
discriminatory.     Same,  sec.  42(b). 

With  the  approval  of  commission,  any  public  utility  opera- 
ting a  railroad  or  street  railroad  may  furnish  to  the  publishers  of 

2188  newspapers  and  magazines  and  to  their  employes,  passenger 
transportation  in  return  foi  advertising  in  such  newspapers  or 
magazines  at  full  rates.     Same,  sec.  42(c). 

With  the  approval  of  commission,  any  public  utility  may 

2189  exchange  its  service  for  the  service  of  any  other  public  utility 
furnishing  a  different  class  of  service.     Same,  sec.  42(d). 

Any  free  frank,  pass,  transportation  or  service  heretofore 
issued,  given  or  authorized  for  use  or  enjoyment  during  the  year 
191 2  or  any  portion  thereof  shall  remain  lawful  and  of  full  ef- 

2190  feet  under  the  condition  and  during  the  period  for  which  it  was 
issued,  given  or  authorized  during  the  year  191 2.  Same,  sec. 
42(e). 

SOUTH  CAROLINA  Nothing  in  this  chapter  shall  apply  to  the  car- 
riage, receiving,  storing,  handling  or  forwarding  of  property  car- 
ried for  the  United  States,  or  any  state  thereof  at  lower  rates  of 

2|9i  freight  and  charges  than  for  the  general  public,  or  to  the  trans- 
portation of  articles  free  or  at  reduced  rates  of  freight  for  chari- 

SSo 


table  purposes  or  to  or  from  public  fairs  and  expositions  for  ex- 
hibition.    Gen.  Stats.  IQ02,  sec.  2087. 

SOUTH  DAKOTA  No  person,  association,  copartnership,  railroad 
company,  common  carrier  or  corporation  shall  issue  or  give  or 
offer  to  give  to  any  person  any  free  ticket,  pass,  frank  or  privi- 
lege of  any  kind  which  is  withheld  from  any  person  for  the  travel- 
ing accommodation  or  transportation  of  persons  or  property,  or 

2192  the  transmission  or  communication  of  any  message  or  informa- 
tion for  use  within  this  state,  nor  give,  issue  or  sell  any  such 
ticket,  pass,  frank  or  privilege  to  any  person  for  a  less  or  dif- 
ferent sum  or  consideration  than  is  charged  to  any  other  person 
for  a  like  or  similar  ticket,  pass,  frank,  privilege  or  service. 
Sess.  Laws  iQoy,  ch.  221,  sec.  i. 

Nothing  in  this  act  shall  be  construed  to  prohibit  common 
carriers  from  issuing  and  giving  free  personal  transportation  to 
their  officers  and  employes  and  their  families  or  to  any  officer  or 
employe  of  any  other  railroad  company  and  his  family  when  such 
officer  or  employe  is  in  good  faith  upon  the  regular  pay  roll  of 
such  company;  their  regularly  employed  and  acting  physicians; 
and  attorneys  at  law  in  good  faith  upon  their  regular  pay  roll  at 
a  salary  of  not  less  than  $500  per  year;  to  ministers  of  religion  and 
others  engaged  exclusively  in  charitable  work;  to  inmates  of 
national  homes  or  state  homes  for  disabled  volimteer  soldiers  and 
sailors,  including  those  about  to  enter  and  those  returning  home 

2193  after  discharge;  to  necessary  caretakers  of  live  stock  in  course  of 
shipment  and  return;  to  employes  on  sleeping  cars  and  express 
cars;  linemen  of  telegraph  and  telephone  companies  and  news- 
boys on  trains;  persons  injured  in  wrecks  and  physicians  and  per- 
sons caring  for  or  attending  such  persons;  nor  to  prohibit  the 
officer  or  employe  of  any  telephone  or  telegraph  company  from 
communicating  free  of  charge  over  the  lines  of  his  company,  with 
any  member  of  his  immediate  farrdly.  But  no  such  free  trans- 
portation shall  be  issued  or  given  to  any  person  when  such  per- 
son is  a  member  of,  employed  by,  or  in  any  way  connected  with 
any  political  committee  or  a  candidate  for  or  an  incimibent  of 
any  office  or  position  imder  the  constitution  or  laws  or  any 
ordinance  of  any  municipality  of  this  state.  Provided,  that 
common  carriers  shall  not  be  prohibited  from  carrying  persons 
free  to  provide  relief  from  storm,  flood,  epidemic  or  other  ca- 
lamity.    Same,  sec.  2. 

Nothing  in  this  act  shall  be  construed  to  prohibit  railroad 

2194  companies  from  issuing  excursion,  commutation  or  long  distance 

551 


tickets  for  transportation  of  persons  at  special  rates,  but  any  suck 
tickets  shall  be  offered  and  sold  at  a  uniform  price,  to  all  persons 
alike,  without  discrimination.     Same,  sec.  j. 

No  person  other  than  those  excepted  in  this  act  shall  solicit* 
accept  or  use  any  free  ticket,  pass,  frank  or  privilege  as  defined 
herein  whether  the  same  shall  have  been  issued  before  or  after 
the  passage  and  approval  of  this  act; 'and  no  person,  association 
2196  or  corporation  or  representative  or  agent  thereof  shall  accept  for 
the  transportation  of  persons  or  property,  or  the  transmission  or 
communication  of  any  message  or  information,  nor  recognize  as 
valid,  nor  honor  in  any  manner  any  such  free  ticket,  pass,  frank 
or  privilege.     Same,  sec.  4. 

Any  violation  of  any  of  the  above  provisions  shall  be  pun- 
ished by  a  fine  of  not  more  than  $1,000  nor  less  than  $200,  or  by 

2196  imprisonment  in  the  penitentiary  not  more  than  five  years  nor 
less  than  one  year,  or  by  both  such  fine  and  imprisonment. 
Same,  sec.  6. 

No  person  shall  be  privileged  from  testifying  in  relation  to 
anything  herein  contained,  but  no  such  person  shall  thereafter 
be  prosecuted  for  any  offense  concerning  which  he  may  have 

2197  been  required  to  testify,  and  the  testimony  so  given  shall  not  be 
used  in  the  prosecution  of  any  such  person  in  any  criminal  action 
whatever,  except  in  actions  for  perjury  in  giving  such  testimony. 
Same,  sec.  7. 

Nothing  herein  contained  shall  be  so  construed  as  to  pre- 

2198  vent  common  carriers  from  issuing  commutation,  excursion  or 
1,000  mile  tickets;  provided,  the  same  are  issued  alike  to  all  ap- 
plying therefor.     Session  Laws  igii,  ch.  207,  sec.  27. 

Nothing  in  this  article  shall  apply  to  the  carriage,  storage 
or  handling  of  property  free  or  at  reduced  rates  for  the  United 
States,  or  this  state,  or  mimicipal  governments,  for  charitable 
purposes  or  to  and  from  fairs  and  expositions  for  exhibit  thereat, 
or  for  the  employes  of  such  common  carriers  or  their  families,  or 
private  property  or  goods  for  the  family  use  of  the  employes  of 
such  common  carriers,  or  the  issuance  of  mileage,  exoirsion  or 
commutation  passenger  and  telephone  tickets.  Nothing  in  this 
article  shall  be  construed  to  prohibit  any  common  carrier  from 

2199  giving  reduced  rates  to  ministers  of  religion,  or  to  prevent  com- 
mon carriers  from  giving  free  carriage  to  their  own  officers  and 
employes  and  their  families  dependent  on  such  officer  or  employe 
for  support,  and  to  persons  in  charge  of  live  stock  being  shipped 
from  the  point  of  shipment  to  destination  and  return,  or  to  pre- 

552 


» 


vent  the  principal  officers  of  any  common  carriers  or  companies 
from  exchanging  passes  or  tickets  with  other  common  carriers 
for  their  officers  and  employes;  and  nothing  in  this  article  shall 
in  any  way  abridge  or  alter  the  remedies  now  existing  at  com- 
mon law  or  by  statute,  but  the  provisions  of  this  article  are  in 
addition  to  such  remedies.     Same,  sec.  32. 

TENNESSEE  This  act  shall  not  prevent  any  railroad  com- 

pany from  transporting  freight  free  or  at  reduced  rates  for  any 
religious,  charitable  or  benevolent  purpose  or  for  any  industrial 
exposition,  fair  or  association  of  a  public  nature,  or  for  trans- 
porting immigrants  into  this  state,  or  persons  prospecting  with  a, 
view  of  locating  or  bringing  immigrants  into  this  state,  or  for 

J200  pleasure  excursions.  However,  nothing  in  this  act  shall  be  con- 
strued so  as  to  prevent  the  railroads  of  this  state  from  giving 
special  rates  to  encourage  infant  manufacturing  industries  and 
for  the  encouragement  of  any  other  new  business  or  industry,  or 
for  the  transportation  of  any  perishable  goods;  provided,  that 
such  transportation  shall  be  furnished  without  discrimination 
and  imder  such  rules  and  regulations  as  commission  may  prescribe - 
Acts  iSgy,  ch.  10,  sec.  24. 

TEXAS  Nothing  herein  shall  prevent  the  carriage,  stor- 

age or  handling  by  railroad  companies  in  this  state,  or  by  their 
agents,  officers,  clerks,  servants  and  employes,  of  freight  free,  or 
at  reduced  rates,  for  the  state,  or  for  any  city  or  county  or  town 
government,  or  for  charitable  purposes,  or  to  and  from  fairs 
and  expositions  for  exhibition  thereof,  or  the  free  carriage  of 
destitute  and  indigent  persons,  or  the  issuance  of  mileage  or 
excursion  passenger  tickets;  nor  to  prevent  railroads  from  giv- 
ing free  transportation  to  ministers  of  religion  or  free  transpor- 

aaoi  tation  to  the  inmates  of  hospitals,  eleemosynary  and  charitable 
institutions,  and  to  the  employes  of  the  agricultural  and  geo- 
logical departments  of  the  state,  or  to  the  peace  officers  of  this 
state;  and  nothing  herein  shall  be  construed  to  prevent  rail- 
roads, their  agents  and  employes  and  officers,  from  giving  free 
transportation  to  any  railroad  officers,  agents,  employes,  attor- 
neys, stockholders  or  directors,  or  to  the  commissioners,  their 
secretaries,  clerks  and  employes,  or  to  any  other  officer  or  per- 
son not  prohibited  by  law.    Laws  i8qq,  ch.  118,  sec.  2. 

Any  court,  officer  or  tribunal  having  jurisdiction  of  the 
offense  mentioned  in  this  act,  or  any  district  or  county  attorney, 
may  subpoena  persons  and  compel  their  attendance  as  witnesses 

553 


to  testify  as  to  the.  violations  of  this  act;  and  any  person  so  sum- 
2S02  moned  and  examined  shall  not  be  liable  to  prosecution  for  any 
violation  of  this  act  about  which  he  may  testify,  and  for  any 
offense  by  reason  of  violations  of  this  act;  a  conviction  may  be 
had  upon  the  unsupported  evidence  of  an  accomplice  or  par- 
ticipant.   Same,  sec.  j. 

It  shall  be  the  duty  of  every  district  judge  in  this  state  in 
whose  court  a  grand  jury  shall  be  empaneled  to  charge  said 

2203  grand  jury,  whenever  organized,  to  thoroughly  investigate  with 
reference  to  violations  of  this  act.     Same,  sec.  4. 

If  any  steam  or  electric  railway  company,  interurban 
railway  company,  or  other  chartered  transportation  company, 
express  company,  sleeping  car  company,  telegraph  or  telephone 
company,  or  person  or  association  of  persons  operating  the 
same,  or  the  receivers  or  lessees  thereof,  or  any  officer,  agent 
or  employe  of  any  such  company  in  this  state,  shall  knowingly 
haul  or  carry  any  person  or  property  free  of  charge  or  give  or 
grant  to  any  person,  firm,  association  of  persons  or  corporation, 
a  free  pass,  frank  and  privilege  or  a  substitute  for  pay  or  a  sub- 
terfuge which  is  used  or  which  is  given  to  be  used  instead  of  the 
regular  fare  or  rate  for  transportation,  or  any  authority  to  per- 
mit whatsoever  to  travel  or  to  pass  or  convey  or  transport  any 
person  or  property  free,  or  sell  any  transportation  for  an5rthing 
except  money  or  for  any  greater  or  less  rate  than  is  charged  to  all 
persons  under  the  same  condition,  over  any  railway  or  other 
transportation  line  or  part  of  line  in  this  state;  or  shall  knowingly 
permit  any  person  to  transmit  any  message  free  in  this  state,  or 
shall  give  any  frank  or  right  or  privilege  to  transmit  messages 

2204  free  in  this  state  or  property  free  of  charge  or  for  greater  or  less 
fare  or  rate  than  is  charged  other  persons  in  this  state  for  similar 
service;  except  such  persons  as  are  hereinafter  exempted  under 
the  provisions  of  this  act  shall  be  guilty  of  a  misdemeanor,  and 
upon  conviction  in  any  action  brought  on  this  accoimt,  and  for 
that  purpose,  shall  pay  to  the  state  the  sirni  of  $5,000  for  each  and 
every  act  which  violates  the  provisions  of  this  section;  and  any 
person,  president,  director,  officer,  employe  or  agent  of  any  such 
corporation  or  association  of  persons  who  shall  sell  any  trans- 
portation for  an5rthing  except  money,  or  knowingly  give,  grant, 
issue  or  cause  to  be  issued  a  free  pass,  frank  and  privilege  or  any 
substitute  for  or  in  lieu  thereof  for  the  transportation  of  any  per- 
son, article  or  thing  or  the  sending  or  transmitting  of  any  mes- 
sages over  wire  or  other  means  of  transmitting  messages  in  this 

554 


state  except  to  such  persons  as  are  hereinafter  exempted  from 
the  provisions  of  this  act,  shall  be  deemed  guilty  of  a  felony  under 
the  laws  of  this  state,  and  upon  conviction  for  such  act  shall  be 
punished  by  a  fine  of  not  less  than  $500  nor  more  than  $2,000,  and 
may  in  addition  thereto  in  the  discretion  of  the  jury  be  imprisoned 
in  the  penitentiary  for  a  term  of  not  less  than  six  months  nor 
more  than  two  years.     Laws  igoj,  ch.  42,  sec.  i. 

The  provisions  of  section  one  of  this  act  shall  not  be  held  to 
prohibit  any  steam  or  electric  or  interurban  railway  company  or 
chartered  transportation  company,  or  sleeping  car  company,  or  the 
receivers  or  lessees  thereof,  or  persons  operating  the  same,  or  the 
officers,  agents  or  employes  thereof  from  granting  free  or  ex- 
changing free  passes,  franks,  privileges,  substitute  or  pay  or  other 
thing  herein  prohibited,  to  the  following  persons:  The  actual 
bona  fide  employes  of  any  such  coftipanies  and  the  dependent 
members  of  their  immediate  families.  The  term  employes  shall 
be  construed  to  embrace  the  following  persons  only:  All  persons 
actually  employed  and  engaged  in  the  service  of  any  of  such  com- 
panies, including  its  officers,  bona  fide  ticket,  passenger  and 
freight  agents,  physicians,  surgeons  and  general  attorneys  who 
appear  in  courts  of  record  to  try  cases  and  who  receive  a  reasona- 
ble annual  salary,  and  also  ex-employes  within  foiu*  months  after 
leaving  the  service  of  any  of  such  companies  and  while  seeking 
emplo5nTient.  Also  persons  actually  employed  on  sleeping  cars, 
express  cars,  linemen  of  telegraph  and  telephone  companies, 
newsboys  employed  on  trains;  railway  mail  service  employes, 
postc^ce  inspectors,  chairman  and  bona  fide  members  of  griev- 
ance committee  of  employes,  bona  fide  custom  and  immigration 
inspectors  employed  by  the  government,  the  state  health  officer 
and  one  assistant,  and  federal  health  officers,  also  when  live  stock, 
poultry,  fruit,  melons  or  other  perishable  produce  is  shipped,  the 
necessary  caretakers  while  en  route  and  return,  also  trip  passes  to 
the  indigent  poor  when  application  therefor  is  made  by  any  re- 
ligious or  charitable  organization,  societies  of  charity,  also  persons 
injured  in  wrecks  upon  the  road  of  any  such  company  imme- 
diately after  such  injury  and  the  physicians  and  nurses  attend- 
ing such  persons  at  the  time  thereof,  also  persons  and  property 
carried  in  cases  of  general  epidemic,  pestilence  or  other  calamitous 
visitations  at  the  time  thereof,  or  immediately  thereafter.  Also 
the  state  rangers,  sheriffs  or  other  bona  fide  elective  peace  officers 
whose  duties  are  to  include  criminal  processes,  provided,  that  if 
any  such  railroad  or  transportation  company  shall  grant  to  any 

555 


sheriff  a  free  pass  over  its  lines  of  railroad  then  it  shall  issue  like 
free  transportation  to  each  and  every  sheriff  in  this  state  who  may 
make  to  it  written  application  therefor,  and  provided,  further, 
that  said  sheriffs  and  other  peace  officers  above  mentioned  using 
such  free  p^ses  or  transportation  shall  deduct  the  money  value 
of  the  same  at  the  legal  rate  per  mile  from  any  mileage  accounts 
against  the  state  and  litigants  earned  by  them  in  executing  proc- 
esses when  such  pass  was  used  or  could  have  been  used;  also 
members  of  the  live  stock  sanitary  commission  of  Texas,  not 
exceeding  12  in  nimiber  for  any  one  year;  provided,  that  nothing 
in  this  act  shall  prevent  any  such  companies,  receivers  or  lessees 
thereof,  or  the  officers,  agents  or  employes  from  granting  to  min- 
isters of  religion  reduced  rates  of  half  the  regular  fare,  nor  shall 
anything  in  this  act  prevent  any  such  companies,  their  receivers 
or  lessees  from  transporting  free  of  charge  any  article  being  sent 
to  any  orphan  home  or  other  charitable  institution;  provided, 
further,  that  nothing  in  this  act  shall  be  construed  to  prohibit  any 
such  companies,  their  receivers  or  lessees  or  officers,  agents  or 
servants  from  making  special  rates  for  special  occasions  or  imder 
special  conditions,  but  no  such  rate  shall  even  (ever)  be  made 
without  first  obtaining  authority  from  commission ;  and  provided, 
further,  that  no  persons  who  hold  any  public  office  in  this  state 
shall  at  any  time  during  their  term  of  office  be  entitled  to  any  such 
free  pass  or  transportation,  privilege  or  franks  or  substitute  for 
fare  or  charges  over  any  railway  or  other  company  mentioned 
in  section  one  of  this  act,  except  employes  operating  trains  when 
in  the  actual  discharge  of  their  duties  as  such  and  the  officers  here- 
inbefore exempted;  provided,  further,  that  nothing  in  this  act 
shall  prohibit  any  street  railway  company  from  transporting  free 
of  charge  police  officers  and  firemen  in  any  city  where  said  com- 
pany is  authorized  so  to  do  by  any  ordinance  or  authority  from 
the  city  coimcil  from  any  such  city;  provided,  however,  that  no 
person  or  persons  beneficiaries  of  free  transportation  herein  per- 
mitted shall  ride  on  a  free  pass  or  enjoy  free  transportation  to  or 
from  any  political  convention  or  on  any  political  errand.  That 
nothing  in  this  act  shall  prohibit  any  express  company  from  haul- 
ing or  carrying  free  of  charge  the  packages  and  property  of  its 
actual  and  bona  fide  officers,  attorneys,  agents  and  employes  who 
are  actually  in  the  employment  of  any  such  company,  its  re- 
ceivers and  lessees  at  the  time  when  such  free  transportation  or 
right  thereto  is  given;  and  provided,  further,  that  nothing  in  this 
act  shall  be  construed  to  prohibit  any  telegraph  or  telephone  com- 

$$6 


pariy  from  carrying  and  transmitting  free  of  charge  niessages  of 
its  bona  fide  officers,  attorneys,  agents  and  employes  who  are 
actually  in  the  emplo3rment  of  such  company,  its  receivers  or 
lessees  at  the  time  when  such  free  transportation  or  right  thereto 
was  given.     Same,  sec.  2. 

If  any  person  shall  present  or  offer  to  use  in  his  own  behalf 
any  permit  or  frank  whatsoever  to  travel,  pass  or  to  convey  any 
person  or  property  or  message  which  has  been  issued  to  any  other 
person  or  shall,  knowing  that  he  is  not  entitled  under  the.  pro- 
visions of  this  act,  apply  to  any  railway,  express,  telegraph  or 
2206  telephone  company,  officer,  agent,  lessee  or  receiver  thereof  for 
any  free  pass,  frank,  privilege  or  a  substitute  for  pay  given  or  to 
be  used  instead  of  the  regular  fare  or  rate  for  transportation  or 
for  any  other  consideration  except  money,  he  shall  be  deemed 
guilty  of  a  misdemeanor,  and  upon  conviction  shall  be  pimished 
by  confinement  in  the  county  jail  for  not  less  than  30  days  and 
not  more  than  12  months,  and  by  a.fine  of  not  less  than  $100 
and  not  more  than  $1,000.     Same,  sec.  s. 

No  person  other  than  the  persons  excepted  in  this  act 
who  uses  any  such  free  ticket,  free  pass  or  free  transportation, 
frank  or  privilege  over  any  railway  or  other  transportation  line 
or  sleeping  or  express  car,  telegraph  or  telephone  line  mentioned 
in  this  act  for  any  distance  under  the  control  and  operation  of 
either  of  said  companies  subject  to  the  provisions  of  this  act  or 
under  their  authority,  or  shall  knowingly  and  wilfully  by  any 
means  or  device  whatsoever  obtain,  use  or  enjoy  from  any  such 
company  a  less  fare  or  rate  than  is  charged,  demanded,  collected 
or  received  by  any  such  company  from  any  other  person,  firm, 
association  of  persons  or  corporations  for  doing  for  him,  them  or 
it  a  like  service  if  the  transportation  or  service  is  of  a  like  kind  of 
traffic  or  service  imder  substantially  similar  circumstances  and 
conditions,  such  person  or  such  officer  or  agent  who  acts  for  such 
corporation  or  company  thus  favored  shall  be  guilty  of  a  mis- 
demeanor and  on  conviction  for  each  offense  shall  be  fined  not 
less  than  $100  and  not  more  than  $1,000.     Same,  sec.  6. 

Any  director,  officer,  agent  or  any  receiver,  trustee,  lessee 
or  person  acting  for  or  employed  by  any  company  subject  to  the 
provisions  of  this  act,  who  alone  or  with  any  other  corporation, 
company,  person  or  party  shall  wilfully  do  or  cause  to  be  done, 
or  shall  wilfully  suffer  or  permit  to  be  done,  any  act,  matter  or 
thing  in  this  act  prohibited  or  declared  to  be  imlawful,  or  who 
shall  aid  or  abet  therein,  or  shall  wilfully  omit  or  fail  to  do  any 

557 


act,  matter  or  thing  in  this  act  required  to  be  done,  or  shall  cause 
or  wilfully  suffer  or  permit  any  act,  matter  or  thing  so  directed, 
2aQ8  required  by  this  act  to  be  done,  not  to  be  done,  or  shall  aid  or 
abet  such  omission  or  failure,  or  shall  be  guilty  of  any  infraction 
of  this  act,  or  shall  aid  or  abet  therein,  shall  be  deemed  guilty  of 
a  misdemeanor,  and  shall  upon  conviction  be  subject  to  a  fine  of 
not  less  than  $ioo  nor  more  than  $i,ooo,  and  if  the  offense  for 
which  any  person  shall  be  convicted  imder  this  section  shall  be 
unlawful  discrimination  in  rates,  fares  or  charges  for  the  trans- 
portation of  passengers  or  property  or  the  transmission  of  mes- 
sages, such  person  may  in  addition  to  the  fines  hereinbefore 
provided  for,  at  the  discretion  of  the  jury,  be  imprisoned  in  the 
penitentiary  for  a  term  not  less  than  six  months  nor  more  than 
two  years.     Same,  sec.  7. 

Suits  brought  tmder  this  act  for  the  recovery  of  penalties  may 
be  brought  in  any  coiut  in  this  state  having  jtu*isdiction  of  the 
subject  matter  in  any  coimty  (i)  where  an  act  in  violation  of  the 
provisions  hereof  is  committed;  (2)  where  such  company  or  re- 
ceiver has  an  agent  or  representative;  (3)  where  the  principal 
office  of  such  company  is  situated  or  such  receiver  or  receivers 
S209  or  either  reside,  and  half  of  all  moneys  collected  under  the  pro- 
visions of  this  act  less  the  commission  and  expenses  allowed  by 
law,  shall  be  paid  into  the  state  treasury  and  constitute  a  part 
of  the  general  revenue  of  the  state,  and  the  remainder  thereof 
shall  be  paid  into  the  treasiuy  of  the  county  where  such  suit  or 
suits  may  be  maintained  and  constitute  a  part  of  the  jury  fund 
of  such  county.     Same,  sec.  8. 

It  is  made  the  duty  of  commission,  the  attorney  general 
and  the  district  and  coimty  attorneys  of  this  state  under  the 
direction  of  the  attorney  general  to  see  that  the  provisions  of 
this  act  are  enforced  and  obeyed,  and  penalties  due  the  state 

MiQ  are  recovered  and  collected,  and  commission  shall  report  to  the 
attorney  general  all  violations  within  their  knowledge  with  the 
facts  in  their  possession,  and  request  him  to  institute  or  have  in- 
stituted the  proper  proceedings  for  the  recovery  of  any  penalty 
that  may  be  due  the  state.    Same,  sec.  9. 

In  any  investigation,  suit  or  prosecution  which  may  be  had  or 
instituted  under  the  provisions  of  this  act,  the  court  or  tribtmal 
in  which  the  investigation,  suit  or  prosecution  is  pending  may 
compel  all  persons  to  attend  and  give  testimony,  and  to  produce 

sail  such  papers,  books  and  documents  as  may  be  desired  by  the 
st^te,  and  no  person  shall  be  exempt  from  giving  testimony  there- 

SS8 


in;  provided,  however,  that  no  criminal  action  or  proceeding 
shall  be  brought  or  prosecuted  against  such  witness  on  account  of 
any  testimony  so  given  or  furnished  by  him.     Same,  sec.  lo. 

If  any  provision  or  provisions  of  this  aet  which  exempt  or 
except  any  person,  corporation  or  class  or  persons  from  the 
operation  and  effects  of  this  act,  or  which  authorize  any  such 
persons,  corporations  or  class  of  persons  to  give,  grant,  issue, 

2212  receive  or  accept  free  transportation  or  transportation  at  any 
rate  other  than  is  granted  to  any  and  all  persons  of  this  state, 
shall  be  held  unconstitutional  or  invalid,  such  holding  as  to  any 
such  provision  or  provisions  shall  not  invalidate  any  other  por- 
tion of  this  act.    Same,  sec.  ii. 

VERMONT  Railroad  companies  may  transport  at  special 

and  reduced  rates  to  and  from  a  public  agricultural  exhibition 
or  fair,  animals  or  other  property  to  be  there  publicly  exhibited, 
and  may  transport  at  special  and  reduced  rates  to  and  from  schools 

2213  and  other  institutions  of  learning  in  this  state  students  there  at- 
tending, provided,  that  such  rates  shall  be  available  to  all  who 
exhibit  at  such  exhibitions  or  fairs  or  attend  such  schools  or  other 
institutions  of  learning.     Pub.  Stats.  igo6,  sec.  4486. 

No  railroad  shall  directly  or  indirectly  issue  or  give  to  any 
person  a  free  ticket,  free  pass  or  transportation;  nor  shall  any  per- 
son use  any  free  ticket,  pass  or  transportation;  provided,  that 
this  section  shall  not  apply  to  the  members  of  commission,  the 
clerk  and  other  employes  of  said  commission,  the  employes  of  the 
railroad  and  their  families  or  its  officers,  agents,  servants,  phy- 
sicians and  attorneys  and  their  families,  traveling  secretaries 
of  railroad  Young  Men's  Christian  Associations,  coimty  secretaries 
of  Young  Men's  Christian  Associations,  necessary  caretakers  of 
live  stock,  perishable  farm  and  dairy  produce,  potdtry  and  fruit, 
employes  of  parlor,  sleeping  and  express  cars,  linemen  of  tele- 
graph and  telephone  companies,  railroad  mail  service  employes, 
put  postoffice  inspectors,  customs  officers  and  immigration  inspectors 
and  their  deputies,  newsboys  on  trains,  baggage  agents,  persons 
injured  in  wrecks  and  the  nurses  and  physicians  attending  such 
persons;  nor  shall  it  apply  to  the  interchange  of  passes  between 
the  officers,  agents  and  employes  of  railroads  and  their  families, 
nor  to  the  canying  of  passengers  free  in  cases  of  epidemic,  pesti- 
lence or  other  calamitous  visitations;  nor  shall  it  apply  to  the 
transportation  of  live  fish  for  the  purpose  of  stocking  waters  of 
this  state  or  for  propagation,  and  the  necessary  caretakers  in 
charge  thereof;  nor  shall  it  apply  to  the  carrying  of  fire  companies 

559 


and  their  equipment  free  or  at  special  and  reduced  rates  in  case 
of  conflagration ;  nor  to  the  transportation  of  freight  or  passengers 
when  the  same  are  being  used  or  employed  under  order  of  any 
state  officials  in  imparting  instruction  upon  agriculture.  Same, 
sec.  4532. 

This  section  shall  not  apply  to  the  exchanges  by  the  railroad 
companies  of  the  state  of  the  mileage  books  for  advertising  space 
in  the  newspapers  of  the  state  at  regular  published  card  rates, 
said  advertising  to  include  the  publication  of  their  time  tables 
and  such  other  bona  fide  advertising  matter  as  shall  be  deemed 
2216  proper.  Mileages  so  used  must  be  accounted  for  in  the  annual 
reports  to  commission  and  in  the  annual  reports  to  the  stock- 
holders of  the  respective  roads  issuing  such  mileages  as  though 
said  mileages  were  sold  for  cash;  and  advertising  bought  with 
mileages  must  be  vouchered  and  included  in  the  advertising  ex- 
pense accounts  in  said  reports  as  though  paid  for  in  cash.     Same. 

The  rates  of  fare  charged  by  street  railway  companies  for 
the  transportation  of  pupils  of  public  or  private  schools  between 
a  given  point  from  or  to  which  it  is  necessary  for  them  to  ride  in 
traveling  to  and  from  the  school  houses  in  which  they  attend 
school,  and  their  homes,  whether  such  school  houses  are  located 
in  the  city  or  town  in  which  the  pupils  reside  or  in  another  city 
2216  or  town,  shall  not  exceed  one-half  the  regular  fare  charged  by 
such  street  railway  company  for  the  transportation  of  other 
passengers  between  said  points,  and  the  tickets  for  the  transporta- 
tion of  pupils  as  aforesaid,  good  during  the  days  on  which  said 
schools  are  in  session,  shall  be  sold  by  such  companies  in  lots  of 
ten  each  or  any  multiple  of  ten  as  the  purchaser  desires.  A  rail- 
way company  which  violates  the  provisions  of  this  section  shall 
forfeit  $25  for  each  offense.     Laws  1910,  no.  150,  sec.  i. 

See  also  par.  1946. 

VIRGINIA  Nothing  in  this  chapter  shall  apply  to  the  car- 

riage, storage  or  handling  of  property  free  or  at  reduced  rates 
when  such  rates  have  been  authorized  or  prescribed  by  commis- 
sion for  the  United  States,  state  or  municipal  government  or  for 
charitable  purposes  or  to  or  from  fairs  and  expositions  for  exhi- 
bition thereat,  or  the  free  carriage  of  homeless  and  destitute  per- 
sons and  the  necessary  agents  employed  in  such  transportation, 
or  to  mileage,  exciirsion  or  commutation  passenger  tickets,  or  to 
persons  in  charge  of  live  stock  being  shipped  from  the  point  of 
shipment  to  the  point  of  destination  and  return.  Nothing  in  this 
chapter  shall  be  construed  to  prohibit  any  transportation  com- 

560 


i 


8217  pany  from  giving  reduced  rates  to  ministers  of  religion  or  to  in- 
digent persons  or  to  inmates  of  the  confederate  homes  or  state 
homes  for  disabled  soldiers  and  sailors  or  to  disabled  soldiers  and 
sailors,  including  those  about  to  enter  and  those  returning  home 
after  discharge,  or  carrying  the  same  free;  nothing  in  this  chapter 
shall  be  construed  to  prevent  transportation  companies  from  giv- 
ing free  carriage  to  their  own  officers,  employes  and  members  of 
their  families  or  to  any  other  person  or  persons  to  whom  the  giv- 
ing of  such  free  carriage  is  not  prohibited  by  the  constitution 
of  this  state,  or  to  prevent  the  principal  officers  of  any  transporta- 
tion company  from  exchanging  passes  or  tickets  with  other 
transportation  companies  for  their  officers,  employes  and  mem- 
bers of  their  families.  Pollard's  Code  igo4,  sec.  i2Q4c(ij). 
See  also  pars.  ig48,  1952. 

WASHINGTON  No  common  carrier  shall  directly  or  indirectly 

issue  or  give  any  free  ticket,  free  pass  or  free  or  reduced  trans- 
portation for  passengers  between  points  within  this  state  except 
its  employes^  and  their  families,  its  officers,  agents,  surgeons, 
physicians  and  attorneys  at  law;  to  ministers  of  religion,  traveling 
secretaries  of  railroad  Yoimg  Men's  Christian  Associations,  in- 
mates of  hospitals,  charitable  and  eleemosynary  institutions  and 
persons  exclusively  engaged  in  charitable  and  eleemosynary 
work;  to  indigent,  destitute  and  homeless  persons  and  to  such 
persons  when  transported  by  charitable  societies  or  hospitals,  and 
the  necessary  agents  employed  in  such  transportation,  to  inmates 
of  the  national  homes  or  state  homes  for  disabled  volunteer  sol- 
diers, and  of  soldiers'  and  sailors'  homes,  including  those  about  to 
enter  and  those  returning  home  after  discharge ;  to  necessary  care- 
takers of  live  stock,  poultry,  milk  and  fruit;  to  employes  of  sleep- 
ing car  companies,  express  companies  and  to  linemen  of  tele- 
graph and  telephone  companies;  to  railway  mail  service  employes, 
postoffice,  customs  and  immigration  inspectors;  to  newsboys  on 
trains,  baggage  agents,  witnesses  attending  any  legal  investiga- 
tion in  which  the  common  carrier  is  interested;  to  persons  injured 
in  accidents  or  wrecks  and  physicians  and  nurses  attending  such 

2218  persons;  to  the  national  guard  of  Washington  when  on  official 
duty,  and  students  going  to  and  retiiming  from  state  institutions 
of  learning;  provided,  that  this  provision  shall  not  be  construed  to 

1  Provided,  that  the  term  "employes"  as  used  in  this  section  shall  include  furloughed, 
pensioned  and  superannuated  employes,  persons  who  have  become  disabled  or  infirm  in  the 
service  of  any  such  common  carrier,  and  the  remains  of  a  person  killed  or  dying  in  the  employ- 
ment of  a  carrier,  those  entering  or  leaving  its  service  and  ex-employes  traveling  for  the  pur- 
pose of  entering  the  service  of  any  such  common  carrier;  and  the  term  "families"  as  used  in 
this  section  shall  include  the  families  of  those  persons  named  in  this  proviso,  also  the  families 
of  persons  killed  and  widows  during  widowhood  and  minor  children  during  minority  of  persons 
who  died  while  in  the  service  of  any  such  common  carrier.     Laws  1911,  ch.  117,  sec.  18. 

S6i 


prohibit  the  interchange  of  passes  for  the  officers,  attorneys, 
agents  and  employes  and  their  families  of  railroad  companies, 
steamboat  companies,  express  companies  and  sleeping  car  com- 
panies with  other  railroad  companies,  steamboat  companies, 
express  companies  and  sleeping  car  companies,  nor  to  prohibit 
any  common  carrier  from  carrying  passengers  free  with  the  object 
of  providing  relief  in  cases  of  general  epidemic,  pestilence  or  other 
calamitous  visitation;  and  provided,  further,  that  this  provision 
shall  not  be  construed  to  prohibit  the  exchange  of  passes  or  franks 
for  the  officers,  attorneys,  agents,  employes  and  their  families 
of  such  telegraph,  telephone  and  cable  Hnes  and  the  officers,  at- 
torneys, agents,  employes  and  their  families  of  other  telegraph, 
telephone  or  cable  lines,  or  with  railroad  companies,  express  com- 
panies or  sleeping  car  companies;  and  provided,  further,  that 
nothing  herein  contained  shall  prevent  the  issuance  of  mileage, 
commutation  tickets  or  excursion  passenger  tickets;  and  pro- 
vided, further,  that  nothing  in  this  section  shall  be  construed  to 
prevent  the  issuance  of  free  or  reduced  transportation  by  any 
street  railroad  company  for  mail  carriers  or  policemen  or  mem- 
bers of  fire  departments,  city  officers  and  employes  when  engaged 
in  the  performance  of  their  duties  as  such  city  employes.  Laws 
iQii,  ch.  iiy,  sec.  i8. 

Common  carriers  may  carry,  store  or  handle  free  or  at  re- 
duced rates  property  for  the  United  States,  state,  coimty  or 
municipal  governments,  or  for  charitable  purposes,  or  to  and  from 
tti9  fairs  and  exhibitions  for  exhibition  thereat,  and  may  carry,  store 
or  handle  free  or  at  reduced  rates  the  household  goods  and  per- 
sonal effects  of  its  employes  and  those  entering  or  leaving  its 
•  service,  and  those  killed  or  dying  while  in  its  service.     Same. 

Nothing  in  this  act  shall  be  construed  to  prohibit  the  making 
of  a  special  contract  providing  for  the  mutual  exchange  of  service 
between  any  railroad  company  and  any  telegraph  or  telephone 
S210  company  where  the  line  of  such  telegraph  or  telephone  company 
is  situated  upon  or  along  the  railroad  right  of  way  and  used  by 
both  of  such  companies.    Same. 

No  gas,  electrical  or  water  company  shall  fiimish  its  product 
at  free  or  reduced  rates  except  to  its  employes  ^  and  their  families 
and  its  officers,  attorneys  and  agents;  to  hospitals,  charitable  and 

1  Provided,. that  the  term  "employes"  as  used  in  this  paragraph  shall  include  furloughed, 
pensioned  and  superannuated  6mployes,  persons  who  have  become  disabled  or  infirm  in  the 
service  of  any  such  company;  and  the  term  "families"  as  used  in  this  paragraph  shall  include 
the  families  of  those  persons  named  in  this  proviso,  the  families  of  persons  killed  or  dying 
in  tl^e  service,  also  the  families  of  persons  killed  and  the  widows  during  widowhood  and  the 
minor  children  during  minority  of  persons  who  died  while  in  the  service  of  any  of  the  com- 
panies named  in  this  paragraph.     Laws  igiz,  ch.  117,  sec  .29. 

562 


eleemosynary  institutions  and  persons  engaged  in  charitable  and 
nui  eleemosynary  work ;  to  indigent  and  destitute  persons ;  to  national 
homes  or  state  homes  for  disabled  volunteer  soldiers  and  soldiers' 
and  sailors'  homes;  and  provided,  further,  that  water  companies 
may  ftuTiish  free  or  at  reduced  rates  water  for  the  use  of  the  state 
or  for  any  product  in  which  the  state  is  interested.  Same,  sec.  2q. 
No  telephone  or  telegraph  company  shall  directly  or  in- 
directly give  any  free  or  reduced  service  or  any  free  pass  or  frank 
for  the  transmission  of  messages  by  either  telephone  or  telegraph 
between  points  within  this  state  except  to  its  officers,  employes, 
agents,  pensioners,  stirgeons,  physicians,  attorneys  at  law  and 
their  faroilies,  and  persons  and  corporations  exclusively  engaged 
SS28  in  charitable  and  eleemosynary  work  and  ministers  of  religion, 
Young  Men's  Christian  Associations,  Young  Women's  Chris- 
tian Associations;  to  indigent  and  destitute  persons  and  to  officers 
and  employes  of  other  telephone  companies,  telegraph  com- 
panies, railroad  companies  and  street  railroad  companies.  Same, 
sec.  40. 

No  wharfinger  or  warehouseman  shall  furnish  dockage, 
wharfage  or  storage  or  free  or  reduced  rates  except  to  its  employes  ^ 
and  their  families  and  its  officers,  attorneys  and  agents;  to  hos- 
isj|9  pitals,  charitable  and  eleemos3niary  institutions  and  persons 
engaged  in  charitable  and  eleemosjoiary  work;  to  indigent  and 
destitute  persons;  to  national  homes  or  state  homes  for  disabled 
volunteer  soldiers  and  soldiers'  and  sailors'  homes.  Same, 
sec.  49. 

WISCONSIN  Nothing  in  this  act  shall  be  construed  to  pre- 

vent concentration,  commodity,  transit  or  other  special  contract 
rates,  but  all  such  rates  shall  be  open  to  all  shippers  for  a  like 
kind  of  traffic  imder  similar  circimistances  and  conditions,  and 

2SS4  shall  be  subject  to  the  provisions  of  this  act  as  to  the  printing  and 
filing  of  the  same;  provided,  all  such  rates  shall  be  tmder  the  su- 
pervision and  regulation  of  commission.  Laws  1905^  ch.  362^ 
sec.  iJ9y-6. 

Nothing  herein  shall  prevent  the  carriage,  storage  or  hauling 
of  freight  free  or  at  reduced  rates  for  the  United  States,  the  state 
or  any  mimicipality  thereof,  or  for  charitable  purposes,  or  to  and 

1  Provided  that  the  term  "employes"  as  used  in  this  section  shall  include  furloughed, 
I)ensioned  and  superannuated  employes,  persons  who  have  become  disabled  or  infirm  in  the 
service  of  such  wharfinger  or  warehouseman;  and  the  term  "families  "  as  used  in  this  section 
shall  include  the  families  of  those  persons  named  in  this  proviso,  also  the  families  of  persons 
killed  or  dying  in  the  service,  also  the  families  of  persons  killed  and  the  widows  during  widow- 
hood and  the  minor  children  during  minority  of  persons  who  died  while  in  the  service  of  any 
such  wharfinger  or  warehouseman.    Laxos  1911,  ch.  117,  sec.  49.  ' 

• 


from  fairs  and  expositions  for  exhibition  thereat,  or  household 
goods  the  property  of  railway  employes,  or  commodities  shipped 
by  employes  for  their  own  exclusive  use  or  consumption;  or  the 
issuance  of  mileage,  commutation  or  excursion  passengers' 
tickets,  provided  the  same  shall  be  obtainable  by  any  person 
applying  therefor  without  discrimination,  or  the  party  tickets, 
provided  the  same  shall  be  obtainable  by  all  persons  applying 
therefor  imder  like  circimistances  and  conditions;  or  the  sale 
of  such  tickets  as  were  usually  and  customarily  sold  at  reduced 
rates  prior  to  Jime  15,  1905,  provided,  the  same  are  sold  without 
discrimination  to  all  persons  applying  therefor  imder  like  cir- 
cimistances  and  conditions.  Same,  sec.  iygy-8{i),  as  amended 
by  Laws  1905,  sp.  sess.,  ch.  13. 

This  act  shall  not  be  construed  as  preventing  railroads  from 
giving  free  transportation  or  reduced  rates  therefor  to  any  minis- 
ter of  the  gospel,  officers  or  agent  of  incorporated  colleges,  in- 
mates of  soldiers'  homes,  regular  agents  of  charitable  societies 
when  traveling  upon  the  business  of  the  society  only,  destitute 
and  homeless  persons,  railroad  officer,  attorney,  director,  em- 

2226  ploye,  or  members  of  their  families,  or  to  former  railroad  employes 
or  members  of  their  families  where  such  employes  have  become 
disabled  in  the  railway  service  or  are  unable  from  physical  dis- 
qualification to  continue  in  the  service,  or  to  members  of  fam- 
ilies of  deceased  railroad  employes ;  or  to  prevent  the  exchange  of 
passes  with  officers,  attorneys  or  employes  of  other  railroads  and 
members  of  their  families ;  provided,  that  no  person  holding  any 
public  office  or  position  under  the  laws  of  this  state  .shall  be  given 
free  transportation  or  reduced  rates  not  open  to  the  public.  Same, 
sec.  lygy-Siz),  as  amended  hy  Laws  190^,  sp.  sess.,  ch.  ij. 

This  act  shall  not  be  construed  as  preventing  railroad  com- 
panies from  giving  free  transportation  or  reduced  rates  therefor 
to  persons  actually  engaged  for  more  than  half  of  their  time  each 
year  in  the  business  of  selling  imimproved  land  within  the  state 
to  settlers.  No  transportation  hereimder  shall  be  delivered  to  or 
used  by  any  such  person  imtil  commission  upon  application  of 
such  person  and  after  investigation  as  it  may  deem  necessary, 

2227  shall  have  determined  that  such  applicant  is  actually  engaged  in 
such  business  within  the  law  and  spirit  of  this  provision,  and  shall 
have  issued  to  such  applicant  a  certificate  to  that  effect.  On  or 
before  the  tenth  day  of  each  month  every  person  holding  a  cer- 
tificate hereimder  shall  report  to  commission  the  miles  traveled 
upon  the  railroads  of  the  state  under  the  provisions  hereof  diiring 

364 


I 


the  preceding  calendar  month.     Laws  igog,  ch.  log,  sec.  lygy-S 
(5),  as  amended  hy  Laws  igii,  ch.  150. 

Upon  any  shipment  of  Hve  stock  or  other  property  of  such 
nature  as  to  require  the  care  of  an  attendant,  the  railroad  may 
furnish  to  the  shipper  or  some  person  or  persons  designated  by 
him,  free  transportation  for  such  attendant  including  return  pas- 

2228  sage  to  the  point  at  which  the  shipment  originated;  provided  there 
shall  be  no  discrimination  in  reference  thereto  between  such  ship- 
pers, and  commission  shall  have  power  to  prescribe  regulations 
in  relation  thereto.  Laws  igo^,  ch.  362,  sec.  iygj-^(4),  as 
amended  by  Laws  igo^,  sp.  sess.,  ch.  ij. 

Except  as  provided  in  this  section  no  free  transportation  for 

2229  intrastate  traffic  shall  be  given  to  any  person  by  any  railroad. 
Same,  sec.  lygySij),  as  amended  by  Laws  igo^,  sp.  sess.,  ch.  ij. 


K.  SPECIAL  PROHIBITIONS  AGAINST  OFFER- 
ING, GRANTING,  SOLICITING  OR  ACCEPT- 
ING FREE  OR  REDUCED  RATE  OR  SPECIAL 
SERVICE  APPLICABLE  TO  PUBLIC  OFFI- 
CIALS OR  MEMBERS  OF  POLITICAL  OR- 
GANIZATIONS, WITH  EXCEPTIONS 
THERETO. 

ALABAMA  No  railroad  or  other  transportation  company 

or  corporation  shall  grant  free  passes  or  sell  tickets  or  passes  at  a 
discount,  other  than  as  sold  to  the  public  generally,  to  any  mem- 
ber of  the  legislature  or  to  any  officer  exercising  judicial  functions 
under  the  laws  of  this  state ;  and  any  such  member  or  other  officer 
receiving  such  a  pass  or  ticket  for  himself,  or  procuring  the  same 
for  another,  shall  be  guilty  of  a  misdemeanor,  and  upon  conviction 
shall  be  fined  not  exceeding  $500,  and  at  the  discretion  of  the  court 
trying  the  case,  in  addition  to  such  fine,  may  be  imprisoned  for  a 
term  not  exceeding  six  months,  and  upon  conviction,  shall  be  sub- 
ject to  impeachment  and  removal  from  office.  The  courts  having 
jurisdiction  shall  give  the  law  specially  in  charge  to  the  grand 
jtiries,  and  when  the  evidence  is  sufficient  to  authorize  an  indict- 

2230  ment  the  grand  jury  must  present  a  true  bill.  The  circuit  court 
or  any  court  of  like  jurisdiction  in  any  county  into  or  through 
which  such  member  or  officer  is  transported  by  the  use  of  such 
prohibited  pass  or  ticket  shall  have  jurisdiction  of  the  case,  pro- 
vided only  one  prosecution  shall  be  had  for  the  same  offense,  and 

565 


provided  further  that  the  trial  and  judgment  for  one  offense  shall 
not  bar  a  prosecution  for  another  offense,  when  the  same  pass  or 
ticket  is  used;  and  provided  further  that  nothing  herein  shall 
prevent  a  member  of  the  legislature  who  is  a  bona  fide  employe 
of  a  railroad  or  other  transportation  company  or  corporation  at 
the  time  of  his  election  from  accepting  or  procuring  for  himself  or 
another  not  a  member  of  the  legislature,  or  officer  exercising  judi- 
cial functions,  a  free  pass  over  the  railroad  or  other  transportation 
company  or  corporation  by  which  he  is  employed.  Const.,  sec. 
244. 

ARKANSAS  No  railroad  or  transportation  company  shall 

grant  any  free  pass  in  the  cars  or  other  modes  of  conveyance  over 
the  line  of  any  such  railroad  or  transportation  company  for  any 
length  of  time  or  for  any  distance  to  any  officer  of  the  state, 

sssi  legislative,  executive  or  judicial,  whereby  any  such  officer  may  be 
transported  for  any  length  of  time  or  for  any  distance  over  the 
line  of  any  such  railroad  or  transportation  company,  either  free 
of  charge  therefor  or  for  a  less  compensation  than  that  demanded 
or  received  from  the  general  public.  Kirby's  Digest  1904,  sec. 
6694. 

CALIFORNIA  No  railroad  or  other  transportation  company 

shall  grant  free  passes  or  passes  or  tickets  at  a  discount  to  any 
person  holding  any  office  of  honor,  trust  or  profit  in  this  state; 

2232  and  the  acceptance  of  any  such  pass  or  ticket  by  a  member  of  the 
legislature  or  any  public  officer  other  than  railroad  commissioners 
shall  work  a  forfeiture  of  his  office.     Const.,  art.  xii,  sec.  19. 

FLORIDA  No  railroad  or  other  transportation  company 

or  common  carrier  shall  grant  a  free  pass  or  discoimt  in  the  fare 
paid  by  the  public  generally  to  any  member  of  the  legislature,  or 

32S3  to  any  salaried  officer  of  this  state,  and  the  legislature  shall  pro- 
hibit the  granting  or  receiving  such  free  pass  or  fare  at  a  discount 
by  suitable  penalties.     Const.,  art.  xvi,  sec.  31. 

Hn^IANA  See  par.  2105. 

KENTUCKY  No  railroad,  steamboat  or  other  common  car- 

rier, under  heavy  penalty  to  be  fixed  by  the  general  assembly, 
shall  give  a  free  pass  or  passes,  or  shall  at  reduced  rates  not  com- 
mon to  the  public  sell  tickets  for  transportation  to  any  state,  dis- 
trict, city,  town  or  county  officer,  or  member  of  the  general  assem- 
bly or  judge;  and  any  state,  district,  city,  town  or  county  officer 
or  member  of  the  general  assembly,  or  judge,  who  shall  accept  or 


use  a  free  pass  or  passes,  or  shall  receive  or  use  tickets  or  transpor- 
tation at  reduced  rates  not  common  to  the  public,  shall  forfeit 
his  office.  It  shall  be  the  duty  of  the  general  assembly  to  enact 
laws  to  enforce  the  provisions  of  this  section.     Const.,  sec.  igy, 

MAINE  No  person  holding  any  federal,  state  or  county 

or  mimicipal  office  shall  request  for  himself  or  another,  accept  or 
use,  any  free  transportation  upon  a  steam  or  other  railway,  or 
any  ticket  or  token  which  entitles  him  to  transportation  upon 
such  railway  for  which  he  has  paid  a  less  price  than  is  demanded 
of  the  public  generally;  and  no  officer,  agent  or  employe  of  such 
railway  corporation  shall  knowingly  issue,  deliver  or  offer  to  any 

M35  person  hereinbefore  mentioned,  or  to  or  for  any  other  person  at 
the  request,  soHcitation  or  proctirement  of  any  federal,  state  or 
county  or  municipal  officer,  except  for  cases  of  charity,  free  trans- 
portation or  any  ticket  or  token  which  entitles  him  to  trans- 
portation at  a  less  rate  of  fare  than  is  demanded  of  the  public 
generally.  Pub.  Laws  igoy,  ch.  755,  sec.  i,  as  amended  by  Pub. 
Laws  igog,  ch.  72,  sec.  i.^ 

MASSACHUSETTS  Any  person  who,  being  governor,  lieutenant- 
governor,  member  of  the  coimcil,  member  or  member-elect  of  the 
general  court,  justice  of  the  supreme  judicial  court,  justice  of  the 
superior  court,  judge  of  probate*  justice  of  a  police  district  or  mu- 
nicipal cotirt,  or  a  coimty  commissioner,  who  requests  for  himself 
or  another,  accepts  or  uses  any  free  pass  upon  a  railroad,  or  any 
ticket  which  entitles  him  to  transportation  upon  a  railroad  for 
which  he  has  paid  a  less  price  than  is  demanded  of  the  public 

2236  generally,  and  an  officer,  agent  or  employe  of  a  railroad  corpora- 
tion who  issues,  delivers  or  offers  to  any  person  hereinbefore  men- 
tioned, or  to  or  for  any  other  person  at  the  request,  solicitation  or 
procurement  of  any  such  person,  a  free  pass  or  any  ticket  which 
entitles  him  to  transportation  at  a  less  rate  of  fare  than  is  de- 
manded of  the  pubHc  generally,  shall  be  punished  by  a  fine  of 
not  less  than  $100,  nor  more  than  $1,000.  Acts  igod,  ch.  463,  pt. 
it,  sec.  igo. 

Street  railway  companies  shall  not  give  free  tickets  or  passes 
to  any  state,  cotmty  or  mimicipal  official,  or  to  any  person  in  the 
employ  of  the  commonwealth  or  of  any  county,  city  or  town,  ex- 
cept poHcemen,  firemen  and  letter-carriers  in  uniform;  but  it  may 

2237  give  them  to  the  director  of  the  company,  or  to  any  person  who  is 
connected  with  it  in  any  executive  capacity.  A  company  which 
violates  any  of  the  provisions  of  this  section  shall  forfeit  for  each 

)  ^db  paragraph  3123. 


offense  not  less  than  $ioo,  nor  more  than  $500.  Same,  pt.  in, 
sec.  g8. 

MINNESOTA  See  par.  2139. 

MISSOURI  No  railroad  or  other  transportation  company 

shall  grant  or  issue  free  passes  or  tickets,  or  passes  or  tickets  at  a 
discount,  to  members  of  the  general  assembly  of  the  state,  or 
members  of  the  state  board  of  equalization,  or  any  state,  county 
or  municipal  officer.  Any  railroad  or  other  transportation  com- 
pany violating  the  provisions  of  this  section  shall  forfeit  and  pay 

2238  for  each  offense  the  sum  of  $200,  which  may  be  recovered  in  the 
name  of  the  state  in  any  court  of  competent  jurisdiction,  and  shall 
be  prosecuted  by  the  prosecuting  attorney  of  the  county  where 
the  offense  was  committed,  or  the  attorney  general,  and  the 
amount  recovered  shall  be  paid  into  the  county  school  fimd  of 
said  county.     Rev.  Stats,  igog,  sec.  4812. 

NEBRASKA  It  is  declared  to  be  imlawful  for  any  street  rail- 

way company,  its  officers  or  agents,  in  any  state  or  village  in  this 
state,  to  carry  any  officer,  either  elected  or  appointed,  of  said  city  or 
viUage,  except  the  chief  and  members  of  the  fire  department  and 
policemen  of  said  city  or  village,  upon  its  cars  free  of  charge,  or 
for  a  smaller  charge  or  price  than  it  charges  other  patrons  for  simi- 
lar service,  or  to  furnish  to  any  such  officer  a  free  pass  authorizing 
such  person  to  ride  or  be  carried  free  on  the  cars  of  any  such  street 
railway  company,. or  to  furnish  to  any  such  officer  free  of  charge 
any  emblem  or  emblems  upon  metal  or  other  substance  whereby 
such  officer  may  be  carried  free  upon  the  cars  of  such  street  rail- 
way company,  or  to  resort  to  any  other  means  whereby  any  such 

2239  officer  may  be  enabled  to  ride  free  of  charge,  or  for  a  less  charge 
or  price,  than  such  company  exacts  from  other  customers  for  simi- 
lar service  upon  any  such  street  railway  company's  cars.  A  vio- 
lation of  any  of  the  provisions  of  this  section  by  a  street  railway 
company  shall  be  punishable  by  a  fine  of  not  less  than  $200,  nor 
more  than  $500  and  the  officer  or  agent  of  such  company  acting 
for  the  company  in  any  such  violation  shall  be  punished  by  im- 
prisonment in  the  county  jail  for  a  period  of  not  less  than  30  days, 
nor  more  than  six  months;  provided,  that  if  any  conductor  in 
charge. of  any  street  car  shall,  in  obedience  to  any  free  pass,  or 
by  any  other  direction  of  the  company  or  its  managing  officers, 
permit  any  person  to  ride  free  upon  such  car,  such  conductor  shall 
not  be  deemed,  by  reason  of  such  act,  to  have  violated  any  of  the 
provisions  of  this  section.    Comp.  Stats,  igoy,  sec.  i8g$. 

568 


If  any  officers,  except  the  chief  and  members  of  the  fire  depart- 
ment and  policemen,  either  elective  or  appointive,  in  any  city  or 
village  in  the  state,  shall  accept  and  use  any  free  pass  from  a  street 
railway  company  in  the  city  or  village  for  which  he  is  an  officer, 
whereby  such  officer  is  enabled  to  be  carried  free  of  charge  upon 
the  cars  of  such  street  railway,  or  shall  accept  or  use  any  emblem 
or  emblems  upon  metal  or  other  substance,  whereby  such  officer 
is  enabled  to  be  carried  free  of  charge  upon  the  cars  of  any  such 
street  railway  company,  or  shall  resort  to  any  other  means 
whereby  he,  as  such  officer,  shall  be  carried  free  of  charge,  or  for 

2240  a  less  price  or  charge  than  such  company  exacts  from  others  for 
similar  services,  upon  the  cars  of  any  street  railway  company,  he 
shall  for  every  such  offense,  upon  conviction  be  punished  by  a 
fine  of  not  less  than  $ioo,  nor  more  than  $500,  and  by  imprison- 
ment in  the  county  jail  for  a  period  of  not  less  than  30  days  nor 
more  than  90  days,  and  shall  moreover  forfeit  his  office  at  the  time 
held  by  him;  provided,  that  each  time  any  such  officer  shall  ride 
free  upon  any  such  street  railway  cars  by  reason  or  means  of  any 
free  pass,  emblem  or  emblems,  or  by  resort  to  any  other  means, 
shall  constitute  a  violation  of  the  provisions  of  this  section  by 
such  officer,  and  shall  also  be  a  violation  of  section  1895  by  such 
street  railway  company.     Same,  sec.  1896. 

It  is  declared  to  be  unlawful  for  any  telephone  company  to 
furnish  to  any  officer  of  any  city  or  village  in  the  state,  whether 
such  officer  be  elective  or  appointive,  a  telephone  free  of  charge 
or  for  a  price  less  than  that  charged  other  customers  for  similar 
service,  or  for  any  such  officer  to  accept  such  telephone  or  tele- 
phone service  free  of  charge  or  at  a  less  price  than  shall  be  charged 
to  other  customers  for  similar  service.     Any  violation  of  this  sec- 

2241  tion  by  a  telephone  company  shall  be  pimishable  by  a  fine  of  not 
less  than  $100  nor  more  than  $500,  and  the  officer  or  agent  of  any 
such  telephone  company  acting  or  assisting  in  such  violation  shall 
be  punished  by  imprisonment  in  the  county  jail  for  not  less  than 
30  days  nor  more  than  six  months,  and  any  violation  of  this  section 
by  any  officer  of  any  such  city  or  village  shall  subject  him  to  a 
fine  of  not  less  than  $100  and  not  more  than  $500,  and  by  impris- 
onment in  the  county  jail  for  a  period  of  not  more  than  90  days, 
and  he  shall,  upon  conviction,  forfeit  the  office  held  by  him  at  the 
time  of  committing  such  offense.     Same,  sec.  iSgy. 

NEVADA  It  shall  be  unlawful  for  any  person,  firm  or 

corporation  engaged  in  business  as  a  common  carrier  to  give  or 
furnish  to  any  state,  district,  county  or  municipal  officer  of  the 

569 


state,  or  to  any  person  other  than  those  mentioned  in  section 
.  eight,  any  pass,  frank,  free  or  reduced  rate  transportation,  or  for 
.    any  such  state,  district,  county  or  municipal  officer  to  accept  such 

2242  frank,  pass,  free  or  reduced  rate  transportation.  Any  firm,  per- 
son or  corporation,  or  the  agent  thereof,  or  any  state,  district, 
county  or  municipal  officer,  violating  the  provisions  of  this  section 
shall,  upon  conviction  thereof,  be  fined  in  any  sum  not  less  than 
$ioo,  nor  more  than  $500,  and  in  addition  to  such  penalty,  the 
office  of  any  such  state,  district,  coimty  or  municipal  officer  shall, 
upon  his  conviction,  ipso  facto  become  vacant.  Stats,  igoy, 
ch.  44,  sec.  25,  as  amended  by  Stats,  iqoq,  ch.  121,  sec.  g. 

NEW  HAMPSHIRE  Any  person  who  being  governor,  member  of 
the  executive  council,  member  or  member-elect  of  the  general 
cotirt,  justice  of  the  supreme  coiu-t,  justice  of  the  superior  court, 
judge  of  probate,  justice  of  a  police  or  municipal  court,  county 
solicitor,  coimty  sheriff,  county  commissioners,  or  a'  salaried 
state  officer  appointed  by  the  governor  and  council,  or  elected  by 
the  legislature,  whose  transportation  expenses  are  made  by  stat- 
ute a  charge  upon  the  state  treasury,  and  for  whose  transportation 
authority  is  provided  by  law,  who  requests  for  himself  or  another, 
accepts  or  uses,  any  free  pass  upon  a  steam  railroad,  or  any  ticket 

2243  which  entitles  him  to  transportation  upon  a  steam  railroad  for 
which  he  has  paid  a  less  price  than  is  demanded  of  the  pubhc 
generally,  and  the  officer,  agent  or  employe  of  a  steam  railroad 
corporation  who  knowingly  issues,  delivers  or  offers  to  any  per- 
son hereinbefore  mentioned,  or  to  or  for  any  other  person  at  the 
request,  solicitation  or  prooirement  of  any  such  person,  a  free 
pass,  or  any  ticket  which  entitles  him  to  transportation  at  a  less 
rate  of  fare  than  is  demanded  of  the  public  generally,  shall  be  pun- 
ished by  a  fine  of  not  less  than  $100  nor  more  than  $1,000.  Laws 
iQoy,  ch.  79y  sec.  i. 

Any  person  being  or  serving  as  a  delegate  to  a  political  con- 
vention within  the  state,  who  requests,  accepts  or  uses  any  free 
pass,  or  any  ticket  which  entitles  him  to  transportation  upon  any 
steam  railroad  in  the  state  to  or  from  the  political  convention  in 
which  he  is  to  serve  as  a  delegate,  for  which  he  has  paid  a  less  price 
than  is  at  the  time  demanded  of  the  public  generally  for  Hke  trans- 

2244  portation;  and  any  officer,  agent  or  employe  of  a  steam  railroad 
corporation  who  issues,  delivers  or  offers  to  any  such  person, 
knowing  him  to  be  a  delegate,  as  aforesaid,  free  pass  or  any  ticket 
which  entitles  him  to  transportation  to  or  from  the  political  con- 
vention in  which  he  is  to  serve  as  a  delegate,  at  a  less  rate  of  fare 

57P 


than  is  at  the  time  demanded  of  the  public  generally  for  like  trans- 
portation, shall  be  punished  by  a  fine  of  not  less  than  $ioo  nor 
more  than  $i,ooo.     Samey  sec.  j. 

The  inhibitions  of  this  act  shall  not  apply  to  any  railroad 
official  or  employes  or  their  families,  or  agents,  surgeons,  attorneys 
IMS  at  law,  or  witnesses  attending  any  investigation  or  trial  in  which 
they  are  interested.     Same,  sec.  4. 

NEW  JERSEY  The  governor,  chancellor,  vice  chancellor,  jus- 

tice of  the  supreme  court,  justice  of  the  court  of  errors  and 
appeals,  secretary  of  state,  state  treasurer,  state  comptroller, 
clerk  in  chancery,  clerk  of  the  supreme  court,  adjutant  general, 

2246  quartermaster  general,  state  librarian,  state  prison  keeper  and 
state  superintendent  of  public  schools,  while  traveling  for  the 
purpose  of  discharging  the  duties  of  their  offices,  and  the  members 
and  officers  of  both  houses  of  the  legislature  of  this  state,  shall 
pass  and  repass  free  of  charge  on  the  railroad  of  any  company 
organized  under  this  act.     Laws  1903,  ch.  257,  sec.  40. 

No  public  utility  shall  give,  grant  or  bestow  upon  any  local, 
municipal  or  county  official  any  discrimination,  gratuity  or  free 
service  whatsoever,  but  nothing  herein  contained  shall  prevent 

M47  the  entering  into  any  public  conveyance  or  in  or  upon  the  prop- 
erty of  any  such  public  utility  by  any  such  official  in  the  pursuit 
of  his  public  duties  in  connection  with  the  particular  conveyance 
or  property  so  entered  by  him  upon  exhibiting  his  authority  so  to 
do.     Laws  igiiy  ch.  ig^,  sec.  i8{g). 

NEW  YORK  No  public  officer  or  person  elected  or  appointed 

to  a  public  office  imder  the  laws  of  the  state  shall  directly  or  in- 
directly ask,  demand,  accept,  receive  or  consent  to  receive,  for  his 
own  use  or  benefit,  or  for  the  use  or  benefit  of  another,  any  free 
pass,  free  transportation,  franking  privilege  or  discrimination  in 
passenger,  telegraph  or  telephone  rates  from  any  person  or  cor- 
poration, or  make  use  of  the  same  himself  or  in  conjunction  with 
another.  A  person  who  violates  any  provision  of  this  section 
shall  be  deemed  guilty  of  a  misdemeanor  and  shall  forfeit  his  office 

ms  at  the  suit  of  the  attorney  general.  Any  corporation,  or  officer  or 
agent  thereof,  who  shall  offer  or  promise  to  a  public  officer  or  per- 
son elected  or  appointed  to  a  public  office  any  such  free  pass,  free 
transportation,  franking  privilege  or  discrimination  shall  also  be 
deemed  giiilty  of  a  misdemeanor  and  liable  to  punishment,  ex- 
cept as  herein  provided.  No  person  or  officer  or  agent  of  a  cor- 
poration giving  any  such  free  transportation,  franking  privilege 

571 


or  discriinination  hereby  prohibited  shall  be  prevented  from  tes- 
tifying in  relation  thereto,  and  he  shall  not  be  liable  to  civil  or 
criminal  prosecution  therefor  if  he  shall  testify  to  the  giving  of 
same.     Const.,  art.  xiii,  sec.  5. 

OHIO  Upon  the  granting  of  franchises  to  traction 

companies  throughout  this  state  for  the  use  of  streets,  roads,  and 
highways  for  the  transportation  of  passengers  it  must  be  provided 

2249  as  one  of  the  considerations  for  such  use  of  the  public  highways, 
that  such  traction  companies  shall  carry  free  as  passengers  on  any 
and  all  regular  cars,  policemen  and  firemen  when  on  duty  and  in 
uniform.     Code  igio,  sec.  9114. 

OREGON  No  public  utility  or  any  agent  or  officer  thereof, 

or  any  agent  or  officer  of  any  municipality  constituting  a  public 
utility,  shall  offer  or  give  for  any  purpose  to  any  political  commit- 
tee, or  any  member  or  employe  thereof,  to  any  candidate  for 
or  incumbent  of  any  office  or  position  under  the  constitution  or 
laws,  or  under  any  ordinance  of  any  municipality  of  the  state,  or 

2260  to  any  person  at  the  request  or  for  the  advantage  of  all  or  any  of 
them,  any  pass,  reduced  rate,  frank,  or  any  privilege  withheld 
from  any  person  for  any  transportation,  product  or  service  pro- 
duced, transmitted,  delivered,  furnished  or  rendered,  or  to  be 
transported,  produced,  transmitted,  delivered,  furnished  or  ren- 
dered by  any  public  utility,  or  the  conveyance  of  any  telephone 
message  or  communication,  or  any  free  produce  or  service  what- 
soever.    Gen.  Laws  igii,  ch.  279,  sec.  62. 

No  political  committee  and  no  member  or  employe  thereof, 
no  candidate  for  and  no  incumbent  of  any  office  or  position  under 
the  constitution  or  laws,  or  under  any  ordinance  of  any  town 
or  municipality  of  the  state,  shall  ask  for  or  accept  from  any  pub- 
lic utility,  or  any  agent  or  officer  thereof,  or  any  agent  or  officer 
of  any  municipality  constituting  a  public  utility,  or  use  in  any 
manner  or  for  any  purpose  any  pass,  reduced  rate,  frank  or  priv- 

2261  ilege  withheld  from  any  person  for  any  transportation,  product  or 
service  produced,  transmitted,  delivered,  furnished  or  rendered, 
or  to  be  produced,  transmitted,  delivered,  furnished  or  rendered 
by  any  public  utility,  or  the  conveyance  of  any  telephone  message 
or  commimication.  Any  violation  of  any  of  the  provisions  of  this 
section  shall  be  punished  by  imprisonment  in  the  state  peniten- 
tiary for  not  more  than  five  years  nor  less  than  one  year,  or  by 
fine  not  exceeding  $1,000  nor  less  than  $200,  or  by  both  such  fine 
and  imprisonment.     Same. 

572 


SOUTH  DAKOTA      See  par.  2193, 
TEXAS  See  par.  2205. 

VIRGINIA  No  transportation  or  transmission  company 

shall  grant  to  any  member  of  the  general  assembly,  or  to  any 
state,  coimty,  district  or  municipal  officer,  except  to  members  and 
officers  of  commission  for  their  personal  use  while  in  office,  any 
frank,^  free  pass,  free  transportation  or  any  rebate  or  reduction  in 
the  rates  charged  by  such  company  to  the  general  public  for  like 
services.     For  violation  of  the  provision  of  this  section  the  offend- 

S252  ing  company  shall  be  liable  to  such  penalties  as  may  be  prescribed 
by  law;  and  any  member  of  the  general  assembly,  or  any  such 
officer  who  shall  while  in  office  accept  any  gift,  privilege  or  benefit 
as  is  prohibited  by  this  section,  shall  thereby  forfeit  his  office  and 
be  subject  to  such  further  penalties  as  may  be  prescribed  by  law; 
but  this  section  shall  not  prevent  a  street  railway  company  from 
transporting  free  of  charge  any  member  of  the  police  force  or  fire 
department  while  in  discharge  of  his  official  duties,  nor  prohibit 
the  acceptance  by  any  such  policeman  or  fireman  of  such  free 
transportation.     Const.,  sec.  161. 

WASHINGTON  No  railroad  or  other  transportation  company 

shall  grant  free  passes  or  sell  tickets  or  passes  at  a  discotmt,  other 

8253  than  as  sold  to  the  public  generally,  to  any  member  of  the  legis- 
lature or  to  any  person  holding  any  public  office  within  the  state. 
Const.,  art.  xii,  sec.  20. 

WISCONSIN  No  public  utility  or  any  agent  or  officer  thereof, 

or  any  agent  or  officer  of  any  municipality  constituting  a  public 
utility  shall  offer  or  give  for  any  purpose  to  any  political  commit- 
tee, or  any  member  or  employe  thereof,  to  any  candidate  for  or 
incumbent  of  any  office  or  position  under  the  constitution  or  laws, 
or  under  any  ordinance  of  any  municipality  of  the  state,  or  to  any 

2254  person  at  the  request  or  for  the  advantage  of  all  or  any  of  them, 
any  frank  or  any  privilege  withheld  from  any  person  for  any  prod- 
uct or  service  produced,  transmitted,  delivered,  furnished  or 
rendered,  or  to  be  produced,  transmitted,  delivered,  furnished  or 
rendered  by  any  public  utility,  or  the  conveyance  of  any  telephone 
message  or  communication  or  any  free  product  or  service  whatso- 
ever.    Laws  igoy,  ch.  499,  sec.  iygym-88{i). 

iThe  term  "frank"  shall  be  construed  to  mean  any  writing  or  token,  issued  by, 
or  under  authority  of,  a  transmission  company,  entitling  the  holder  to  any  service  from  such 
company  free  of  charge.  The  provisions  of  this  article  shall  always  be  so  restricted  in 
their  application  as  not  to  conflict  with  any  of  the  provisions  of  the  Constitution  of  the 
United  States,  and  as  if  the  necessary  limitations  upon  their  interpretation  had  been  herein 
expressed  in  each  case.    Const.,  sec.  i6i. 


I 


573 


No  political  committee  and  no  member  or  employe  thereof, 
no  candidate  for  and  no  incumbent  of  any  office  or  position  under 
the  constitution  or  laws,  or  under  any  ordinance  of  any  town  or 
municipality  of  the  state,  shall  ask  for  or  accept  from  any  public 
utility,  or  agent  or  officer  thereof,  or  any  agent  or  officer  of  any  mu- 

nss  nicipality  constituting  a  public  utility,  or  use  in  any  manner  or 
for  any  purpose  any  frank  or  privilege  withheld  from  any  person 
for  any  product  or  service  produced,  transmitted,  delivered,  fur- 
nished or  rendered  or  to  be  produced,  transmitted,  delivered,  fur- 
nished or  rendered  by  any  public  utility,  or  the  conveyance  of  any 
telephone  message  or  communication.     Same,  sec.  i  jg'jm -88 (2) . 

Any  violation  of  any  of  the  provisions  of  this  section  shall  be 
punished  by  imprisonment  in  the  state  prison  for  not  more  than 

s^6  five  yiears,  nor  less  than  one  year,  or  by  fine  not  exceeding  $1,000, 
nor  less  than  $200.     Same,  sec.  i7gym-88{3). 

L.  PUBLISHING  AND  FILING  OF  LISTS  OF  PER- 
SONS TO  WHOM  FREE  OR  REDUCED  RATE 
OR  SPECIAL  SERVICE  HAS  BEEN  GRANTED. 

m^ABAMA  Every  railroad  shall  on  or  before  the  ist  day  of 

September  in  each  year,  and  oftener  if  required  by  commission, 
file  with  commission  a  verified  list  of  all  railroad  tickets,  passes  or 
mileage  books  issued  free  or  for  other  than  for  actual  bona  fide 
money  consideration  at  full  established  rates  during  the  preceding 

2267  year  ending  June  30,  together  with  names  of  recipients  thereof, 
the  amounts  received  therefor  and  the  reason  for  issuing  the 
same.  This  provision  shall  not  apply  to  the  sale  of  tickets  at 
reduced  rates  authorized  by  the  law  or  rates  open  to  the  public, 
nor  to  tickets,  passes  or  mileage  books  issued  prior  to  the  passage 
of  this  act.     Acts  igoy,  no.  ^5,  sec.  7. 

See  also  par.  208'/. 

ARIZONA  Every  common  carrier  shall  on  the  first  Mon- 

day in  July  of  each  year,  and  at  such  other  time  as  may  be  re- 
quired by  commission,  file  with  commission  a  verified  list  of  all 
tickets,  passes,  mileage  books,  franks  or  reduced  rate  transporta- 

2268  tion  issued  for  other  than  bona  fide  consideration  at  full  estab- 
lished rates  during  the  preceding  year,  together  with  names  of  the 
recipients  thereof,  the  amoimt  received  therefor  and  the  reason 
for  issuing  the  same.  This  shall  not  apply  to  the  sale  of  tickets 
at  reduced  rates  open  to  the  public.  Sess.  Laws  igi2,  ch.  go, 
sec.  i7{a){4). 


IOWA  Every  common  carrier  of  passengers  shall  on 

or  before  the  first  day  of  February  in  each  year  file  with  the  ex- 
ecutive council  of  the  state  a  sworn  statement  showing  the  names 
of  all  persons  within  the  state  to  whom  during  the  preceding  cal- 
endar year  it  issued,  furnished  or  gave  a  free  ticket,  free  pass,  free 

2269  transportation  or  a  discriminating  reduced  rate,  except  to  wage 
earners  of  common  carriers  in  their  ordinary  employment,  and 
families  of  such  wage  earners,  and  disclosing  such  further  informa- 
tion as  will  enable  the  council  to  determine  whether  the  person  to 
whom  it  was  issued  was  within  the  exception  of  this  act.  Code 
1897 y  sec.  2157J. 

MAINE  It  shall  be  the  duty  of  all  railway  corporations 

within  five  days  of  issuance,  to  file  with  the  secretary  of  state  the 
name  of  every  federal,  state  or  coimty  or  municipal  officer,  except- 

2260  ing  police  officers  and  members  of  fire  departments,  to  whom  free 
or  reduced  rate  transportation  is  issued  by  said  corporation,  the 
kind  of  transportation,  the  time  for  which  it  is  good  and  the  rea- 
sons for  so  doing.  Puh.  Laws  iQoy,  ch.  ijj,  sec.  2,  as  amended 
by  Pub.  Laws  1911,  ch.  4J,  sec.  2.^ 

It  shall  be  the  duty  of  the  secretary  of  state  to  keep  in  a  suit- 
able book  a  record  of  all  such  free  or  reduced  rate  transportation 

2261  so  issued  to  any  federal,  state  or  county  or  municipal  official  which 
record  shall  be  open  at  any  time  during  office  hours  for  public 
examination.     Same. 

Michigan  Every  common  carrier  shall  on  or  before  the 

first  day  of  February,  1910,  and  annually  thereafter,  and  oftener 
if  required  by  commission,  file  with  commission  a  verified  list  of 
all  free  tickets,  free  passes  and  free  transportation  issued  or  given 
by  it  during  the  year  ending  December  31,  preceding,  together 
with  the  full  names  and  addresses  of  recipients  thereof  and  the 

^62  reason  for  issuing  the  same;  provided,  that  this  section  shall  not 
be  deemed  to  require  the  filing  of  the  list  of  such  free  tickets,  free 
passes  and  free  transportation  issued  or  given  by  such  common 
carrier  to  its  employes  or  their  families,  its  officers,  agents,  sur- 
geons, physicians  or  attorneys  at  law  and  members  of  their  fam- 
ilies, or  the  officers,  agents,  attorneys  and  employes  of  other 
common  carriers  and  their  families,  except  such  list  be  specially 
ordered  by  commission.     Pub.  Acts  igog,  no.  joo,  sec.  2g(b). 

MISSISSIPPI  Free  or  reduced  rate  service  is  allowed  to  cer- 

2263  tain  classes  of  persons  on  the  condition  that  the  railroad  shall  re- 

» See  par.  2123. 


I 


575 


port  annually  to  commission  all  free  passes  granted,  by  whom  and 
for  what  reason  granted.     Code  igo6,  sec.  4844. 
See  also  pars.  1828,  2142,  2860. 

NEBRASKA  It  shall  be  the  duty  of  railroad  corporations  and 

each  of  them  to  cause  to  be  filed  not  later  than  the  tenth  day  of 
each  month  with  commission  a  monthly  statement,  giving  the 
names  and  addresses  of  all  persons  to  whom  free  tickets,  free 

2264  passes  or  free  transportation  have  been  given  or  furnished  by  said 
railroad  corporation,  specifying  the  kinds  of  emplo3rment  in  which 
such  persons  are  engaged  and  designating  under  which  of  the  ex- 
ceptions of  law  such  free  tickets,  free  passes  or  free  transportation 
have  been  given  or  furnished  said  person.  Cobbey^s  Annot.  Stats, 
igog,  sec.  10664. 

NEVADA  Every  railroad  shall  on  the  first  Monday  in 

January  of  each  year,  and  oftener  if  required  by  commission,  file 
with  commission  a  verified  list  of  all  railroad  tickets,  passes  and 
mileage  books  issued  free  or  for  other  than  actual  bona  fide  money 

2266  consideration  at  full  established  rates  during  the  preceding  year, 
together  with  the  names  of  the  recipients  thereof,  the  amount  re- 
ceived therefor,  and  the  reason  for  issuing  the  same.  This  pro- 
vision shall  not  apply  to  the  sale  of  tickets  at  reduced  rates  open 
to  the  public.  Stats,  igoj,  ch.  44,  sec.  igia),  as  amended  by  Stats, 
igog,  ch.  121. 

NEW  HAMPSHIRE  Every  carrier  shall  keep  a  correct  list  of  all 
passes  by  it  issued,  except  those  issued  to  its  employes  and  their 
families,  and  exchange  interstate  passes  issued  under  the  laws 
of  the  United  States.  Such  list  shall  contain  the  name  of  each 
person  to  whom  a  pass  is  issued  and  a  general  description  of  said 
pass.  A  copy  of  such  list  for  the  preceding  year,  in  such  form  as 
the  attorney  general  may  prescribe,   shall  be  filed  with  the 

2266  attorney  general  for  his  use  in  the  month  of  January  in  each  year 
and  shall  be  a  public  record  open  to  public  inspection  under  such 
regulations  as  the  attorney  general  may  prescribe.  Such  list, 
together  with  the  books,  records  and  papers  of  the  carrier  so 
far  as  relevant  shall  be  open  at  all  times  to  the  inspection  of  the 
attorney  general,  who  shall  examine  the  same  whenever  he  deems 
it  necessary  to  the  due  enforcement  of  this  act.  Laws  igog,  ch. 
126,  sec.  5. 

OHIO  On  the  first  Monday  in  February  in  each  year, 

and  oftener  if  required  by  commission,  each  railroad  shall  file 

576 


with  commission  a  verified  list  of  all  railroad  tickets,  passes  and 
mileage  books  issued  free  or  for  other  than  actual  bona  fide  money- 
consideration  at  full  established  rates  during  the  preceding  year, 

2267  together  with  the  names  of  the  recipients  thereof,  the  amount  re- 
ceived therefor  and  the  reason  for  issuing  them.  This  provision 
shall  not  apply  to  the  sale  of  tickets  at  reduced  rates  open  to  the 
public,  or  tickets,  passes  or  mileage  books  issued  to  persons  not 
residents  of  the  state,  or  tickets,  passes  or  mileage  books  issued 
free  pursuant  to  authority  conferred  in  this  chapter.  Code  igio, 
sec.  562. 

OREGON  Every  railroad  shall  on  the  first  Monday  in 

February  in  each  year,  and  oftener  if  required  by  commission;  file 
with  commission  a  verified  Ust  of  all  railroad  tickets,  passes  and 
mileage  books  issued  free  or  for  other  than  actual  bona  fide  money 
consideration  at  full  established  rates  during  the  preceding  year, 
together  with  the  names  of  the  recipients  thereof,  the  amotmts 
received  therefor,  mileage  thereof,  and  the  reasons  for  issuing  the 

2268  same.  This  provision  shall  not  apply  to  the  sale  of  tickets  at 
reduced  rates  open  to  the  public,  nor  to  tickets,  passes  or  nuleage 
books  issued  to  persons  not  residents  of  this  state,  nor  to  tickets, 
passes  or  mileage  books  issued  prior  to  the  passage  of  this  act, 
and  commission  in  its  discretion  may  exempt  any  carrier  from  fur- 
nishing a  statement  of  trip  passes  issued  to  persons  regularly  and 
exclusively  in  its  employ,  but  such  carrier  shall  preserve  a  record 
of  all  such  passes,  which  shall  be  open  to  the  inspection  of  commis- 
sion, for  a  period  of  two  years  after  the  issuance  thereof.  Gen. 
Laws  igoy,  ch.  55,  sec.  45. 

Commission  may  in.  its  discretion  require  to  be  filed  with  it 
by  any  public  utility  a  list,  verified  under  oath  of  the  president, 

2269  manager,  superintendent  or  secretary  of  any  public  utility,  of  all 
free  or  reduced  rate  privileges  granted  by  such  public  utility  imder 
the  provisions  of  this  section.     Gen.  Laws  igii,  ch.  2yg,  sec.  6j. 

SOUTH  DAKOTA  Any  person,  association,  copartnership,  com- 
mon carrier  or  corporation,  issuing  or  giving  any  free  ticket,  pass, 
frank  or  privilege  permitted  to  be  given  by  this  act,  shall  on  or 
before  the  tenth  day  of  July  and  the  tenth  day  of  January  of  each 
year,  file  with  commission  a  statement  sworn  to  by  the  person 
or  officer,  agent,  or  attorney  of  the  corporation  making  it,  giving 

2270  a  list  of  all  such  free  tickets,  passes,  franks  or  privileges  issued  or 
given  under  the  provisions  of  this  act  during  the  six  months  pre- 
ceding the  first  day  of  the  month  in  which  statement  is  made, 

577 


with  the  date  of  issue,  name  of  person  to  whom  issued,  and  kind 
of  free  ticket,  pass,  frank  or  privilege  issued;   which  statement 
commission  shall  include  and  publish  in  its  annual  report.    Sess. 
Laws  igoy,  ch,  221,  sec.  5. 
See  also  par.  3076. 

TEXAS  Each  and  all  companies,  subject  to  the  provi- 

sions of  this  act,  their  receivers  and  lessees,  shall  report  annually 
on  such  dates  as  may  be  fixed  by  commission  the  name  and  resi- 
dence of  each  and  every  person  to  whom  free  transportation  or 
right  thereto  was  given  to  travel,  or  to  have  his  property  or  mes- 

2271  sage  transported  or  transmitted  over  its  transportation,  express, 
sleeping  car  or  railway  or  telegraph  or  telephone  line;  and  any 
company  violating  the  provision  shall  be  deemed  guilty  of  a  mis- 
demeanor and  for  each  offense  on  conviction  shall  pay  to  the  state 
a  penalty  of  $1,000.     Laws  igoy,  ch.  42,  sec.  5. 

WISCONSIN  Substantially  identical  with  par.  2268.    Laws 

2272  1905,  ch.  362,  sec.  iygy-ig{a),  as  amended  by  Laws  igo'j,  ch.  ^82. 


S78 


J 


CHAPTER   VII 

Service 


SCOPE  NOTE 

This  chapter  includes  provisions  prescribing  that 
adequate  service  and  facilities  he  maintained  and  pro- 
vided for  patrons  and  utilities,  and  such  grants  of  power 
as  authorize  commissions  to  render  these  requirements 
elective.  Provisions  establishing  by  legislative  enact- 
ment defined  service  standards  or  specific  facilities,  even 
when  enforcement  is  left  to  commissions,  have  been  ex- 
cluded. For  provisions  incidentally  involving  questions 
of  service,  see  ch.  iv,  on  establishment  and  change  of  rates. 
For  provisions  dealing  with  through  routes  for  connecting 
carriers  and  physical  connection  between  telephone  and 
telegraph  companies,  see  ch.  iv,  on  establishment  and 
change  of  rates.  For  provisions  defining  and  prohibit- 
ing discrimination  in  service  and  facilities,  see  ch.  vi, 
on  discrimination  in  rates  and  service.  For  provisions 
regulating  the  safety  of  service  and  facilities,  see  ch.  viii, 
on  safety  of  operation.  For  provisions  authorizing  com- 
missions to  enter  upon  the  premises  of  utilities  and 
examine  their  property  and  equipment,  see  ch.  ii,  on 
general  powers  of  commissions.  For  provisions  pre- 
scribing general  procedure  to  be  followed  in  the  exercise 
of  commission  authority,  see  ch.  xiv,  on  commission 
procedure  and  practice.  For  provisions  prescribing  gen- 
eral rules  of  enforcement  and  judicial  review,  see  ch.  xv, 
on  enforcement.  For  general  statement  of  scope  and 
method,  see  introduction. 


579 


A. 
B. 
C. 
D. 
E. 

F. 

G. 
H. 
I. 


J. 

K. 

L. 


ANALYSIS 

PAGE 

Reasonable  and  adequate  service  and  facilities  required 581 

Requirement  that  utilities  serve  applicants 586 

Payment  of  price  as  it  affects  duty  to  serve 590 

Telephone  companies  required  to  serve  telegraph  companies 592 

Telephone   and   telegraph    companies   required    to    serve   connecting 

utilities  of  the  same  kind 593 

Railroad,  express  and  telegraph  companies  required  to  have  telephone 

facilities 595 

Joint  use  of  plant,  equipment  and  facilities 597 

Rules,  regulations,  practices,  methods  and  appliances 605 

Repairs,  construction,   reconstruction,  additions  and  other  property 

changes 615 

1.  Utilities  other  than  railroads  and  common  carriers 615 

2.  Railroads  and  other  common  carriers 621 

Character  and  kind  of  service  and  service  standards 632 

Regulation  of  meters 638 

Free  delivery  limits  of  express,  telephone  and  telegraph  companies. . . .   647 


580 


A.     REASONABLE     AND     ADEQUATE     SERVICE 
AND   FACILITIES   REQUIRED. 

UNITED  STATES        It  shall  be  the  duty  of  every  common  carrier 

2273  to  provide  and  furnish  transportation  upon  reasonable  request 
therefor.     Act  to  Regulate  Commerce,  sec.  i. 

All  common  carriers  shall  establish,  observe,  and  enforce 
just  and  reasonable  classifications  of  property  for  transportation, 
with  reference  to  which  rates,  tariffs,  regulations,  or  practices 
are  or  may  be  made  or  prescribed,  and  just  and  reasonable  regula- 
tions and  practices  affecting  classifications,  rates  or  tariffs,  the 
issuance,  form  and  substance  of  tickets,  receipts,  and  bills  of  lad- 
ing, the  manner  and  method  of  presenting,  marking,  packing,  and 
delivering  property  for  transportation,  the  facilities  for  transpor- 

2274  tation,  the  carrying  of  personal,  sample,  and  excess  baggage,  and 
all  other  matters  relating  to  or  connected  with  the  receiving,  hand- 
ling, transporting,  storing,  and  delivery  of  property  which  may  be 
necessary  or  proper  to  secure  the  safe  and  prompt  receipt,  hand- 
ling, transportation,  and  delivery  of  property  upon  just  and  rea- 
sonable terms,  and  every  such  unjust  and  tmreasonable  classifica- 
tion, regulation,  and  practice  with  reference  to  commerce  between 
the  states  and  with  foreign  coimtries  is  prohibited  and  declared 
to  be  unlawful.     Same. 

ALABAMA  Every  transportation  company  shall  furnish 

2275  reasonably  adequate  service  and  facilities.    Code  igo^,  sec.  5650. 

ARIZONA,  CALIFORNIA 

Every  public  service  corporation  ^  shall  furnish, 
provide,  and  maintain  such  service,  instrumentalities,  equipment, 
and  facilities  as  shall  promote  the  safety,  health,  comfort  and 

2276  convenience  of  its  patrons,  employes  and  the  public,  and  as  shall 
be  in  all  respects  adequate,  efficient,  just  and  reasonable.  Ariz. — 
Sess.  Laws  igi2,  ch.  go,  sec.  ijib);  Cat. — Stats,  ipii,  ist.  ex. 
sess.,  ch.  14,  sec.  13Q)). 

FLORIDA  See  par.  243g. 

GEORGIA  See  par.  2440. 

ILLINOIS  Every  common  carrier  shall  provide  and  fur- 

nish transportation  as  defined  at  reasonable  rates  upon  an  order 

2277  made  by  commission,  upon  proper  application  and  proper  showing 

^"Public  utility,"  in  California. 

S8i 


of  the  necessity  therefor,  upon  a  hearing  before  said  commission. 
Remsal  iQog,  ch.  114,  sec.  igo. 

KANSAS  Every  common  carrier  and  public  utility  gov- 

erned by  the  provisions  of  this  act  shall  be  required  to  furnish 
reasonable,  efficient  and  sufficient  service,  joint  service  and  facil- 

2278  ities  fo  the  use  of  any  and  all  products  or  services  rendered,  fur- 
nished, supplied  or  produced  by  such  public  utility  or  common 
carrier.     Laws  igii,  ch.  2j8,  sec.  10. 

MARYLAND  Every  corporation,  person,  or  common  carrier 

performing  the  services  designated  shall  furnish,  with  respect 

2279  thereto,  such  service  and  facilities  as  shall  be  safe  and  adequate 
and  in  all  respects  just  and  reasonable.  Laws  igio,  ch.  180, 
sec.  I  J. 

Every  gas  and  every  electrical,  corporation  shall  furnish  and 

2280  provide  such  service,  instnmientalities  and  facilities  as  shall  be 
reasonably  safe  and  adequate  and  in  all  respects  just  and  reason- 
able.    Same,  sec.  31]/^. 

Every  telegraph  or  telephone  company  shall  provide  such 

2281  service  and  facilities  as  shall  be  adequate,  just  and  reasonable. 
Same,  sec.  40. 

Commission  shall  require  every  telephone  company  to  fur- 

2282  nish  its  patrons  reasonably  good  and  adequate  service  in  all  re- 
spects.    Same. 

MASSACHUSETTS  Every  street  railway  company  shall  furnish 
reasonable  accommodations  for  the  conveyance  of  passengers,  and 

2283  for  every  wilftd  neglect  to  provide  such  accommodations  shall  for- 
feit not  less  than  $5  nor  more  than  $20.  Acts  igo6,  ch.  46 j,  pt. 
Hi,  sec.  g6. 

MICHIGAN  Every  common  carrier  is  required  to  furnish 

reasonably  adequate  service  and  facilities  and  shall  provide  and 

2284  furnish  transportation  of  passengers  and  property  upon  reason- 
able requests  therefor.     Puh.  Acts  igog,  no.  joo,  sec.  4(a). 

All  persons,  firms,  associations  and  corporations  doing  a 

2285  telephone  business  are  required  to  furnish  reasonably  adequate 
service  and  facilities  for  the  use  of  their  lines  by  the  public.  Pub. 
Acts  igii,  no.  ijS,  sec.  5. 

NEBRASKA  Every  railroad  corporation  shall  give  to  all 

persons  and  associations  reasonable  and  equal  terms  for  the 
transportation  of  any  merchandise  or  other  property  of  every 

2286  kind  and  description,  upon  any  railroad  owned  or  operated  by 

582 


such  corporations,  and  for  terminal  handling  the  use  of  the 
depot  and  other  buildings  and  grounds  of  such  corporations. 
Cobbey's  Annot.  Stats,  igog,  sec.  lo^jj. 

NEVADA  Every  railroad  (and  every  public  utility)  is 

2287  hereby  required  to  furnish  reasonably  adequate  service  and  facil- 
ities.   Stats,  igoj,  ch.  44,  sec.  j.    Stats,  igii,  ch.  162,  sec.  5. 

NEW  HAMPSHIRE  The  proprietors  of  every  railroad  shall  fiimish 
to  all  persons  reasonable  and  equal  terms,  facilities,  and  accom- 
modations for  the  transportation  of  persons  and  property  over 

2288  their  railroad,  and  for  the  use  of  depots,  buildings  and  grotmds 
in  connection  with  such  transportation,  and  for  the  interchange 
of  such  traffic  at  points  of  connection  with  other  railroads.  Pub. 
Stats.,  ch.  15Q,  sec.  i. 

Every  railroad  corporation  and  every  public  utility  shall 

2289  furnish  such  service  and  facilities  as  shall  be  reasonably  safe  and 
adequate  and  in  all  respects  just  and  reasonable.  Laws  igii, 
ch.  164,  sec.  4. 

NEW  JERSEY  Commission  may,  after  hearing,  upon  notice, 

by  order  in  writing,  require  every  public  utility  to  furnish  safe, 

2290  adequate  and  proper  service  and  to  keep  and  maintain  its  prop- 
erty and  equipment  in  such  condition  as  to  enable  it  to  do  so. 
Laws  iQii,  ch.  iQ^,  sec.  lyib). 

No  public  utility  shall  adopt,  maintain  or  enforce  any  regu- 
lation, practice  or  measurement  which  shall  be  unjust,  unreason- 
able, unduly  preferential,  arbitrarily  or  unjustly  discriminatory 

2291  or  otherwise  in  violation  of  law;  nor  shall  any  public  utility  pro- 
vide or  maintain  any  service  that  is  unsafe,  improper  or  inade- 
quate or  withhold  or  refuse  any  service  which  can  reasonably  be 
demanded  and  furnished  when  ordered  by  commission.  Same, 
sec.  i8{c). 

NEW  YORK  Every  corporation,  person  or  common  carrier 

performing  a  service  designated,   shall  furnish,   with  respect 

2292  thereto,  such  service  and  facilities  as  shall  be  safe  and  adequate 
and  in  all  respects  just  and  reasonable.  Laws  igio,  ch.  480, 
sec.  26. 

Every  gas  and  every  electrical  corporation  shall  furnish  and 

2293  provide  such  service,  instnmientalities  and  facilities  as  shall  be 
safe  and  adequate  and  in  all  respects  just  and  reasonable.  Same, 
sec.  65. 

Every  telegraph  corporation  and  every  telephone  corpora- 

583 


2294  tion  shall  furnish  and  provide  with  respect  to  its  business  such  in- 
strumentalities and  facilities  as  shall  be  adequate  and  in  all  re- 
spects just  and  reasonable.     Same,  sec.  gi{i). 

NORTH  CAROLINA  See  pars.  314,  2456. 

NORTH  DAKOTA  All  persons,  corporations  and  companies  doing 
a  public  telegraph  business  shall  maintain  sufficient  wires  and 
equipment  to  give  prompt  service  and  dispatch.    All  messages 

2295  received  in  any  telegraph  office  within  the  state  must  be  de- 
livered promptly  if  it  is  within  the  power  of  a  telegraph  company 
to  locate  the  party  to  whom  the  message  is  addressed.  Laws 
190'/,  ch.  246,  sec.  I. 

Any  person,  company  or  corporation  or  any  agent  of  the 
same  who  shall  violate  any  of  the  provisions  of  this  act  shall  be 
subject  to  a  fine  of  not  less  than  $100  nor  more  than  $500  for 

2296  each  offense,  and  shall  also  be  liable  to  the  sender  or  receiver 
of  the  message  on  which  violation  was  made,  for  all  damages 
resulting  from  such  delay  and  the  criminal  procedure  is  hereby 
made  applicable  for  collecting  fines  under  this  act.    Same,  sec.  4. 

OHIO  Each  railroad  shall  furnish  reasonably  ade- 

2297  quate  service  and  facilities.     Code  ipio,  sec.  504. 

Every  public  utility  shall  furnish  necessary  and  adequate 

2298  service  and  facilities  which  shall  be  reasonable  and  just.  Laws 
1911,  no.  j2^,  sec.  14. 

Every  public  utility  shall  furnish  and  provide  with  respect 

2299  to  its  business  such  instrumentalities  and  facilities  as  shall  be 
adequate  and  in  all  respects  just  and  reasonable.     Same,  sec.  15. 

See  also  pars.  1006,  looy,  13^9. 

OREGON  Every  railroad  is  hereby  required  to  furnish 

2300  reasonably  adequate  service,  equipment  and  facilities.  Gen. 
Laws  190J,  ch.  5 J,  sec.  12. 

2301  Every  public  utility  is  required  to  furnish  adequate  and  safe 
service,  equipment  and  facilities.     Gen.  Laws  191 1,  ch.  2^9,  sec.  7. 

RHODE  ISLAND  Every  railroad  corporation  shall  furnish  rea- 
sonable and  proper  facilities  and  accommodations  on  the  line  of 

2302  its  road,  within  its  limits,  for  the  transportation  of  passengers  and 
merchandise.     Gen.  Laws  1909,  ch.  21  j,  sec.  11. 

8808  Every  public  utility  is  required  to  furnish  safe,  reasonable 

and  adequate  service  and  facilities.     Acts  1912,  ch.  795,  sec.  38. 

584 


SOUTH  CAROLINA  Every  railroad  corporation  shall  furnish  rea- 
sonable accommodations  for  the  convenience  and  safety  of  pas- 

2304  sengers;  and  every  wilfiil  neglect  to  provide  the  same  shall  for- 
feit not  less  than  $5  nor  more  than  $20,  to  be  recovered  in  an 
action  against  such  corporation.     Gen.  Stats.  igo2,  sec.  2ij'/. 

VERMONT  Every  company  shall  be  required  to  ftimish 

2305  reasonably  adequate  service,  accommodation  and  facilities  to 
the  public.     Laws  igo8,  no.  116,  sec.  ii. 

WASHINGTON  Every  common  carrier  shall  construct,  fur- 

nish, maintain  and  provide  safe,  adequate  and  sufficient  service 
facilities,  trackage,  sidings,  railroad  connections,  industrial  and 
commercial  spurs  and  equipment  to  enable  it  to  promptly,  ex- 

2306  peditiously,  safely  and  properly  receive,  transport  and  deliver  all 
persons  or  property  offered  to  or  received  by  it  for  transporta- 
tion, and  to  promote  the  safety,  health,  comfort  and  convenience 
of  its  patrons,  employes  and  the  public.  Laws  igii,  ch.  iiy, 
sec.  g. 

All  rules  and  regulations  issued  by  any  common  carrier 

2307  affecting  or  pertaining  to  the  transportation  of  persons  or  property 
shall  be  just  and  reasonable.     Same. 

Every  gas,  electrical  and  water  company  shall  furnish  and 

2308  supply  such  service,  instrumentalities  and  facilities  as  shall  be  safe, 
adequate  and  efficient,  and  in  all  respects  just  and  reasonable. 
Same,  sec.  26. 

All  rules  and  regulations  issued  by  any  gas,  electrical  or 

2309  water  company  affecting  or  pertaining  to  the  sale  or  distribution 
of  its  products,  shall  be  just  and  reasonable.     Same. 

Every  gas,  electrical  and  water  company  shall  construct  and 

2310  maintain  such  facilities  in  connection  with  the  manufacture  and 
distribution  of  its  product  as  will  be  efficient  and  safe  to  its  em- 
ployes and  the  public.     Same. 

The  service  to  be  rendered  any  person,  firm  or  corporation 
by  any  telephone  or  telegraph  company  shall  be  rendered  and 
performed  in  a  prompt,  expeditious  and  efficient  manner  and  the 

2311  facilities,  instnunentalities  and  equipment  furnished  by  it  shall 
be  safe,  kept  in  good  condition  and  repair,  and  its  appliances,  in- 
strumentalities and  service  shall  be  modem,  adequate,  sufficient 
and  efficient.     Same,  sec.  jj. 

Every  telephone  and  telegraph  company  shall  provide  and 

2312  maintain  suitable  and  adequate  buildings  and  facilities  therein, 
or  connected  therewith,  for  the  accommodation,  comfort,  and 
convenience  of  its  patrons  and  employes.     Same. 

S8S 


Every  wharfinger  or  warehouseman  shall  furnish  and  supply 
such  wharves,  docks,  buildings,  service,  instrumentalities  and 
facilities  as  shall  be  safe,  adequate  and  efficient  and  in  all  re- 
spects just  and  reasonable.     All  rules  and  regulations  issued  by 

2313  any  wharfinger  or  warehouseman  affecting  or  pertaining  to  the 
dockage,  storage,  handling  and  care  of  property  shall  be  just  and 
reasonable.  Every  wharfinger  and  warehouseman  shall  construct 
and  maintain  such  facilities  in  connection  with  his  warehouse, 
wharf,  dock  and  structure  as  will  be  efficient  and  safe  to  its  em- 
ployes and  the  public.     Same,  sec.  46. 

WISCONSIN  Identical  with  par.  2287.    Laws  1905,  ch.  362, 

2314  sec.  1797-3.     Laws  1907,  ch.  499,  sec.  1797111-3. 


B.     REQUIREMENT     THAT     UTILITIES     SERVE 
APPLICANTS. 

UNITED   STATES      See  par.  2273. 

CONNECTICUT  If  any  water,  gas,  electric,  or  telephone  com- 

pany ^  shall  unreasonably  fail  or  refuse  to  fiunish  adequate  service 
at  reasonable  rates  to  any  person  within  the  territorial  limits 
within  which  such  company  has,  by  its  charter,  authority  to  fur- 
nish such  service,  such  person  may  bring  his  written  petition  to 
commission  alleging  such  failure  or  refusal.  Thereupon  commis- 
sion shall  fix  a  time^and  place  for  a  hearing  upon  such  petition, 
and  shall  mail  notice  thereof  to  the  parties  in  interest  at  least  one 
week  prior  to  such  hearing.     Upon  said  hearing  commission  may, 

2316  if  it  finds  that  such  company  has  unreasonably  failed  or  refused 
to  furnish  such  person  with  adequate  service  at  reasonable  rates, 
prescribe  the  service  to  be  furnished  by  such  company  to  such 
person  and  the  conditions  imder  which,  and  maximum  rates  or 
charges  at  which,  such  service  shall  be  furnished.  Such  company 
shall  thereafter  furnish  such  service  to  such  person  in  accordance 
with  the  conditions  so  prescribed  and  shall  not  thereafter  demand 
or  collect  any  rate  or  charge  for  such  service  in  excess  of  the  maxi- 
mum rate  or  charge  so  prescribed.  Puh.  Acts  191 1,  ch.  128, 
sec.  24. 

See  also  par.  2338. 

LOUISIANA  Commission  may  reqtiire  and  compel  telegraph 

and  telephone  companies  and  corporations  and  all  persons  en- 

1  Section  24  of  chapter  128  of  Public  Acts  igii,  requiring  a  telephone  company  to 
furnish  adequate  service  at  reasonable  rates,  shall  be  so  construed  as  to  include  telephone 
exchange  areas.    Pub.  Acts  1911,  ch.  266,  sec.  i. 

586 


gaged  in  doing  a  telegraph  or  telephone  business  to  establish  tele- 
graph offices  or  public  telephone  stations  along  existing  lines, 
wherever  the  same  may  be  reasonably  necessary  and  convenient, 

2316  for  the  purpose  of  receiving  and  delivering  messages  and  conver- 
sation to  be  transmitted  by  telegraph  or  telephone  and  may  re- 
quire and  compel  telegraph  and  telephone  companies  and  corpor- 
ations, and  persons  engaged  in  such  business,  to  deliver  promptly 
all  messages  to  be  sent  or  transmitted  by  them.  Stats.  igo8,  no. 
igg,  sec.  2. 

MASSACHUSETTS  Upon  the  petition  in  writing  of  any  person  who 
has  a  residence  or  place  of  business  in  a  city  or  town  in  which  a 
corporation  or  company  is  engaged  in  the  manufacture  or  sale  of 
gas  or  electricity  for  light,  heat  or  power  and  who  is  aggrieved  by 
the  refusal  or  neglect  of  such  corporation  or  company  to  supply 
him  w^ith  gas  or  electricity,  commission  may,  after  notice  to  the 
corporation  or  company  to  appear  at  a  time  and  place  therein 

2317  named  to  show  cause  why  the  prayer  of  such  petition  should  not 
be  granted,  issue  an  order  directing  and  requiring  the  corporation 
or  company  engaged  in  the  manufacture  and  sale  of  gas  to  supply 
the  petitioner  with  gas  for  any  of  said  purposes,  or  the  corpora- 
tion or  company  engaged  in  the  manufacture  and  sale  of  electric- 
ity to  supply  the  petitioner  with  electricity  for  any  of  said  pur- 
poses, upon  such  terms  and  conditions  as  are  legal  and  reasonable. 
R&o.  Laws  igo2,  ch.  121,  sec.  jj.^ 

A  person  or  corporation  owning,  controlling  or  operating  a 
telephone  exchange  or  service  in  this  commonwealth  shall,  upon 
application  of  an  individual  or  corporation  and  the  tender  of  the 
charges  or  rental  usual  or  customary  for  the  class  of  service  re-, 
quired,  without  discrimination  for  the  same  class  of  service  ren- 
dered, fvmiish  such  individual  or  corporation  with  the  use  o:'  a  tele- 

2318  phone  and  telephone  service  and  connection  with  their  respective 
exchanges  and  the  subscribers  thereto,  if  the  applicant  sectues  the 
rights  necessary  to  make  the  connections  applied  for  and  pays  to 
the  telephone  company  in  advance  an  amoimt  siifficient  to  cover 
the  actual  cost  of  the  extension,  if  said  extension  is  more  than  one 
mile  from  any  main  exchange  circuit  of  the  said  telephone  com- 
pany.    Acts  igo6,  ch.  4jj,  sec.  ij. 

See  also  par.  233g. 

MISSISSIPPI  A  telegraph  or  telephone  company  shall  deliver  all 
messages  addressed  to  a  person  residing  or  having  a  place  of  busi- 

^See  footnote  i,  par.  276. 

S87 


ness  in  any  city,  town,  or  village  where  it  may  have  an  office,  or 
within  one  mile  of  its  office;  and  if  any  telegraph  or  telephone 
company  shall  receive  any  message  or  matter  for  transmission, 

2319  and  shall  fail,  neglect  or  refuse,  without  good  and  sufficient 

eason,  to  transmit  correctly  or  deliver  the  same  within  a  rea- 
sonable time  to  the  person  addressed,  such  person  or  the  person 
injured,  shall  be  entitled  to  recover  of  the  company  in  default  the 
sum  of  $25  in  addition  to  the  damages  for  any  injury.  Laws 
igo8,  ch.  ^6,  sec.  i. 

A  telegraph  or  telephone  company  shall  transmit  all  writ- 
ten messages  between  points  where  it  may  have  offices  within 
the  state,  and  if  the  telegraph  or  telephone  company  shall 
receive  any  message  or  matter  at  one  of  its  offices  in  this 
state  for  transmission  to  a  person  addressed  at  a  point  where 
it  has  an  office  in  the  state,  and  shall  fail,  neglect  or  refuse, 

2320  without  good  and  sufficient  reason,  to  transmit  the  same  in  a 
reasonable  time  to  the  office  at  the  place  of  the  person  addressed, 
such  person  or  the  person  injured  shall  be  entitled  to  recover  of 
the  company  in  default  the  sum  of  $15  in  addition  to  damages  for 
any  injury.  But  this  section  shall  not  apply  to  offices  of  telephone 
and  telegraph  companies  in  towns  of  less  than  1,000  inhabitants 
where  the  telephone  or  telegraph  companies  do  not  employ  and 
control  the  operator.     Laws  igo8,  ch.  y8,  sec.  i. 

// 
NEBRASKA.  All    telegraph    companies    and    associations 

operating  telegraph  lines  in  this  state  shall  transmit  and  for- 
ward all  dispatches  directed  to  newspapers,   or  private  indi- 

2321  viduals,  or  public  officers  with  impartiality,  in  the  order  in  which 
they  are  received,  and  use  due  diligence  in  their  delivery  with- 
out discrimination  as  to  any  person  or  party  to  whorri  they  may 
be  directed.    Cobbey^s  Annot.  Stats,  igog,  sec.  iigS4- 

Every  officer  or  employe  of  any  telegraph  company  or  asso- 
ciation engaged  in  the  transmission  of  dispatches  who  shall  wil- 
fully delay  the  transmission  or  delivery  of  any  dispatch,  or 
divulge  the  contents  of  any  dispatch  entrusted  to  his  or  her 

2322  care,  to  any  person  except  the  party  entitled  to  receive  the  same, 
shall  be  guilty  of  a  misdemeanor,  and  upon  conviction  shall  be 
punished  by  a  fine  of  not  less  than  $50  nor  more  than  $100  for 
each  offense,  or  imprisonment  of  not  less  than  30  days  nor  more 
than  three  months  in  the  county  jail,  at  the  discretion  of  the 
court.     Same,  sec.  iigss. 

If  any  telegraph  company,  association  or  organization 
engaged  in  the  transmission  of  telegraph  dispatches  from  any 

588 


» 


place  in  this  state,  or  the  person  having  the  control  and  man- 
agement thereof,  refuse  to  receive  dispatches  from  any  person, 
•  corporation,  or  any  other  telegraph  company,  or  to  transmit 

2323  the  same  with  fidelity  and  without  unreasonable  delay,  it  shall  be 
guilty  of  a  misdemeanor,  and  upon  conviction  shall  be  fined  for 
each  and  every  offense  in  the  sum  of  not  less  than  S50  nor  more 
than  $100,  and  in  addition  be  liable  for  damages  to  the  person  or 
corporation  sustaining  a  loss  by  reason  of  such  refusal  or  failure 
to  so  transmit.    Same,  sec.  iigdo. 

NEW  YORK  See  par.  2341. 

NORTH  DAKOTA  All  messages  left  at  the  office  of  any  telegraph 
office  or  the  office  of  any  railroad  station  where  public  service  is 
maintained  must  be  transmitted  promptly,  providing  said  mes- 

2324  sage  is  prepaid  by  the  sender.  In  no  case  must  a  message  remain 
at  the  telegraph  office  or  station  unsent  more  than  30  minutes, 
except  in  case  of  accident  to  the  lines,  such  as  broken  wire  or  dur- 
ing severe  storms.     Laws  iQoy,  ch.  246,  sec.  2. 

OREGON  If  any  agent,  operator,  or  employe,  in  any  tele- 

graph office,  shall  imreasonably  and  wilfully  refuse  or  neglect  to 
send  any  message  received  at  such  office  for  transmission,  or  shall 
imreasonably  or  wilfully  postpone  the  same  out  of  its  order,  or 
shall  unreasonably  and  wilfully  refuse  or  neglect  to  deliver  any 
message  received  by  telegraph,  the  person  so  offending  shall  be 
deemed  guilty  of  a  misdemeanor,  and  may  be  punished  by  a  fine 
not  to  exceed  $500,  or  imprisonment  not  to  exceed  six  months,  or 
by  both  such  fine  and  imprisonment,  in  the  discretion  of  the  court; 

2325  provided,  that  nothing  herein  contained  shall  be  construed  to 
require  any  message  to  be  received,  transmitted,  or  delivered,  un- 
less the  charges  thereon  shall  have  been  paid  or  tendered,  nor  to 
require  the  sending,  receiving,  or  delivery  of  any  message  cotmsel- 
ing,  aiding,  abetting,  or  encouraging  treason  against  the  govern- 
ment of  the  United  States  or  of  this  state,  or  other  resistance  to 
the  lawful  authority,  or  any  message  calculated  to  further  any 
fraudulent  plan  or  purpose,  or  to  instigate  or  encourage  the  per- 
petration of  any  unlawfiil  act,  or  to  facilitate  the  escape  of  any 
criminal  or  person  accused  of  crime..  Gen.  Laws  1862,  p.  gig,  sec. 
II. 

VERMONT  A  person  or  corporation  owning,  controlling  or 

operating  a  telephone  exchange  or  service,  on  application  of  a 
person  or  corporation  and  tender  of  the  charges  or  rental  stmi, 
usual  or  customary  for  the  class  of  service  required,  without 

589 


discrimination  for  the  same  class  of  service  rendered,  shall  fur- 
nish the  person  or  corporation  so  applying  with  the  use  of  a  tele- 

2326  phone  and  telephonic  service  and  connection  with  their  respec- 
tive changes  and  subscribers  thereto;  provided,  that  such  person 
or  corporation  secure  the  rights  necessary  to  make  the  connections 
applied  for  and  pays  the  telephone  company  in  advance  a  suffi- 
cient sum  to  cover  the  actual  cost  of  the  extension,  if  such  exten- 
sion is  beyond  one  mile  from  a  main  exchange  circuit  of  such  tele- 
phone company.     Puh.  Stats.  igo6,  sec.  48^2. 

VIRGINIA  See  par.  2343. 

WASHINGTON  Every  gas,  electrical  or  water  company  en- 

gaged in  the  sale  and  distribution  of  gas,  electricity  or  water,  shall, 
upon  reasonable  notice,  furnish  to  all  persons  and  corporations 

2327  who  may  apply  therefor  and  be  reasonably  entitled  thereto,  suit- 
able facilities  for  furnishing  and  furnish  all  available  gas,  elec- 
tricity and  water  as  demanded.     Laws  1911,  ch.  iiy,  sec.  33. 

Every  telephone  company  shall,  upon  reasonable  notice, 
furnish  to  all  persons  and  corporations  who  may  apply  therefor 

2328  and  be  reasonably  entitled  thereto  suitable  and  proper  facilities 
and  connections  for  telephonic  commimication  and  furnish  tele- 
phone service  as  demanded.     Same,  sec.  35. 

Statutes  in  a  number  of  states  declare  the  duty  of  jpublic  utilities  of  various  kinds 
to  serve  persons  who  apply  for  service  of  the  kind  which  is  professed. 

Railroads  and  other  common  carriers:  MICHIGAN — Comp.  Laws  1897,  sec.  6235; 
MISSOURI— Rev.  Siats.  1909,  sec.  3107;   WASHINGTON— Laws  1911,  ch.  117,  sec.  10. 

Terminal  Companies:  NEW  YORK — Laws  1911,  ch.  778,  sec.  135. 

2329  Wharfingers  and  Warehousemen:   WASHINGTON— Laws  1911,  ch.  J17,  sec.  32. 
Express  Companies:    ILINOIS — Revisal  1909,  ch.  114,  sec.  373;   IOWA — Code  i897> 

sec.  2165(f);    MISSOURI— Rev.  Stats.  1909.  sec.  3288c;    SOUTH    DAKOTA— Sess.  Laws 
1909,  ch.  159,  sees.  2,  7. 

Pipe  Line  Companies:  KANSAS— Gen.  Slats.  1909,  sees.  3062.  3965;  NEW  YORK— 
Laws  1909,  ch.  219,  sec.  30;   OKLAHOMA — Const.,  art.  9,  sec.  4. 

C.  PAYMENT  OF  PRICE  AS  IT  AFFECTS  DUTY 

TO   SERVE. 

ARIZONA  See  par.  2382. 

CALIFORNIA  See  par.  2385. 

CONNECTICUT  See  par.  2338. 

ILLINOIS  The  payment  of  charges  of  express  companiiss 

or  carriers  by  express  may  be  demanded  and  received  in  advance 

2330  of  such  forwarding  or  transportation,  not  in  excess  of  the  rates  of 
charges  shown  in  the  tariffs  or  schedules  and  classification  pro- 
vided for  in  this  act.     Revisal  1909,  ch.  114,  sec.  373. 

590 


MASSACHUSETTS  A  gas  or  electric  light  company  may  stop  gas 
or  electricity  from  entering  the  premises  of  any  person  who  re- 
fuses to  pay  the  amount  due  therefor  or  for  the  use  of  the  meter 
or  any  other  article  hired  by  him  from  such  company;  and,  for 
such  purpose,  the  officers,  servants  or  workmen  thereof  may, 

2331  after  24  hoiu^'  notice,  enter  his  premises  between  the  hours  of 
eight  in  the  forenoon  and  four  in  the  afternoon  and  separate  and 
take  away  such  meter  or  other  property  of  the  company,  and 
may  disconnect  any  meter,  pipe,  wires,  fittings  or  other  works, 
whether  they  are  the  property  of  the  company  or  not,  from  the 
mains,  pipes  or  wires  of  the  company.  Rev.  Laws  1Q02,  ch.  58, 
sec.  16. 

A  gas  or  electric  light  company  shall  not  refuse  to  supply  gas 
or  electricity  for  any  building  or  premises  to  a  person  applying 

2332  therefor  who  is  not  in  arrears  to  it  for  any  gas  or  electricity  pre- 
viously supplied  to  him  because  a  bill  for  gas  or  electricity  re- 
mains unpaid  by  a  previous  occupant  of  such  building  or  premises. 
Same,  sec.  ly. 

A  corporation  which,  being  engaged  in  selling  or  distributing 
water,  refuses  or  neglects  to  furnish  or  supply  water  to  or  for 
any  building  or  premises  for  the  reason  that  a  water  bill  remains 
impaid  by  a  previous  owner  or  occupant  of  said  building  or 

2333  premises  shall,  unless  the  person  applying  for  water  is  in  arrears 
to  such  corporation  for  water  previously  fiunished  to  or  for  said 
building  or  premises,  or  to  or  for  any  other  building  or  premises, 
be  punished  by  a  fine  of  not  less  than  $10  nor  more  than 
$20.     Ads  i8g8,  ch.  168,  sec.  10. 

See  also  pars.  2318,  2jjq. 

NEW  YORK  Upon  the  application,  in  writing,  of  the  owner 

or  occupant  of  any  building  or  premises  within  100  feet  of  any 
main  laid  down  by  any  gas  light  corporation,  or  the  wires  of  any 
electric  light  corporation,  and  payment  by  him  of  all  money  due 
from  him  to  the  corporation,  the  corporation  shall  supply  gas  or 
electric  light  as  may  be  required  for  lighting  such  building  or 
premises,  notwithstanding  there  be  rent  or  compensation  in  ar- 
rears for  gas  or  electric  light  supplied,  or  for  meter,  wire,  pipe  or 
fittings,  furnished  to  a  former  occupant  thereof,  imless  such 
owner  or  occupant  shall  have  imdertaken  or  agreed  with  the 
former  occupant  to  pay  or  to  exonerate  him  from  the  payment  of 
such  arrears,  and  shall  refuse  or  neglect  to  pay  the  same ;  and  if 
for  the  space  of  ten  days  after  such  application,  and  the  deposit 

2334  of  a  reasonable  simi  as  provided  in  the  next  section,  if  required, 

591 


the  corporation  shall  refuse  or  neglect  to  supply  gas  or  electric 
light  as  required,  such  corporation  shall  forfeit  and  pay  to  the 
applicant  the  sum  of  $io  and  the  fiirther  sum  of  $5  for 
every  day  thereafter  during  which  such  refusal  or  neglect  shall 
continue ;  provided,  that  no  such  corporation  shall  be  required  to 
lay  service  pipes  or  wires  for  the  purpose  of  supplying  gas  or 
electric  light  to  any  applicant  where  the  grotmd  in  which  such 
pipe  or  wire  is  required  to  be  laid  shall  be  frozen,  or  shall  other- 
wise present  serious  obstacles  to  laying  the  same;  nor  unless  the 
applicant,  if  required,  shall  deposit  in  advance  with  the  corpora- 
tion a  sum  of  money  siifficient  to  pay  the  cost  of  his  portion  of  the 
pipe  or  wire  required  to  be  laid,  and  the  expense  of  laying  such 
portion.     Laws  igog,  ch.  21Q,  sec.  62. 

Every  gas  light  and  electric  light  corporation  may  require 
every  person  to  whom  such  corporation  shall  supply  gas  or  elec- 
tric light  for  lighting  any  building,  room  or  premises,  to  deposit 
with  such  corporation  a  reasonable  sum  of  money  according  to 
the  ntimber  and  size  of  lights  used  or  required,  or  proposed  to 
be  used,  for  two  calendar  months,  by  such  person,  and  the  quan- 
2335  tity  of  gas  and  electric  light  necessary  to  supply  the  same,  as  se- 
curity for  the  payment  of  the  gas  and  electric  light  rent  or  com- 
pensation for  gas  consumed,  or  rent  of  pipe  or  wire  and  fixtures, 
to  become  due  to  the  corporation,  but  every  corporation  shall 
allow  and  pay  to  every  such  depositor  legal  interest  on  the  sum 
deposited  for  the  time  his  deposit  shall  remain  with  the  corpora- 
tion.    Same,  sec.  63. 

See  also  par.  2341. 

NORTH  DAKOTA  See  par.  2324. 

OREGON  See  par.  2325. 

VERMONT  See  par.  2326. 

VIRGINIA  See  par.  2343. 


D.     TELEPHONE    COMPANIES    REQUIRED    TO 
SERVE   TELEGRAPH   COMPANIES. 

CONNECTICUT,  MASSACHUSETTS 

Every  person  or  corporation  owning,  control- 
ling or  operating  a  telephone  exchange  or  service,  shall,  on  appli- 
cation of  any  telegraph  company,  furnish  such  company  with  the 
2336  use  of  a  telephone  or  telephones,  and  telephone  service,  and  con- 
nection with  their  respective  exchanges  and  the  subscribers 


592 


thereto,  without  discrimination  between  telegraph  companies  as 
to  such  connections,  service,  or  use  of  instnmients  furnished,  or 
charges  therefor,  for  the  same  class  of  service.  Conn. — Gen. 
Stats.  igo2,  sec.  3915;  Mass. — Rev.  Laws  igo2,  ch.  122,  sec.  12. 


E.  TELEPHONE  AND  TELEGRAPH  COMPANIES 
REQUIRED  TO  SERVE  CONNECTING  UTILI- 
TIES  OF   THE   SAME   KIND.^ 

ARIZONA,  CALIFORNIA 

Every  telephone  and  every  telegraph  corpora- 
tion operating  in  this  state,  shall  receive,  transmit  and  deliver, 
without  delay  or  discrimination,  the  conversations  and  messages 

2337  of  every  other  telephone  or  telegraph  corporation  with  whose  line 
a  physical  connection  may  have  been  made.  Ariz. — Sess.  Laws 
1Q12,  ch.  gOy  sec.  22(b);  Cat. — Stats,  igii,  ist.  ex.  sess.,  ch.  14, 
sec.  22(b). 

CONNECTICUT  Telegraph  or  telephone  companies  shall  re- 

ceive dispatches  for  any  person,  and  for  other  telegraph  or  tele- 
phone lines,  and  shall  transmit  them  in  the  order  in  which  they 
are  received,  on  payment  of  their  usual  charges,  under  the  penalty 

2338  of  $100  for  every  neglect  so  to  do,  to  be  recovered  with  costs  by 
the  party  aggrieved;  but  arrangements  may  be  made  with  pub- 
lishers of  newspapers  for  the  transmission  of  news  out  of  its  gen- 
eral order;  and  all  communications  for  officers  of  justice  shall 
take  precedence  of  all  other  dispatches.  Gen.  Stats.  igo2,  sec. 
3gi2. 

MASSACHUSETTS  A  telegraph  company  shall  receive  despatches 
from  and  for  other  telegraph  companies  and  associations,  and 
from  and  for  any  person;  and,  upon  payment  of  the  usual  charges 

2339  for  transmitting  dispatches  according  to  the  regulations  of  the 
company,  shall  transmit  them  faithfully  and  impartially.  Rev. 
Laws  igo2,  ch.  122,  sec.  g. 

See  also  par.  1754. 

NEBRASKA  See  par.  2323. 

NEW  MEXICO  All  telephone  and  telegraph  lines  operated  for 

2340  hire  shall  receive  and  transmit  each  other's  messages  without 
delay  or  discrimination.     Const.,  art.  xi.,  sec.  16. 

iSee  also  pars.  1185-1204. 

593 


NEW  YORK  Every  telegraph  or  telephone  corporation  shall 

receive  dispatches  from  and  for  other  telegraph  or  telephone  lines 
or  corporations,  and  from  and  for  any  individual,  and  on  pay- 
ment of  the  usual  charges  by  individuals  for  transmitting  dis- 
patches as  established  by  the  rules  and  regulations  of  such  cor- 
poration, transmit  the  same  with  impartiality  and  good  faith  and 

2341  in  the  order  in  which  they  are  received,  and  if  it  neglects  or  re- 
fuses so  to  do,  it  shall  pay  $ioo  for  every  such  refusal  or  neglect  to 
the  person  or  persons  sending  or  desiring  to  send  any  such  dis- 
patch and  entitled  to  have  the  same  so  transmitted,  but  arrange- 
ments may  be  made  with  the  proprietors  or  publishers  of  news- 
papers for  the  transmission  for  publication  of  intelligence  of 
general  and  public  interest  out  of  its  regular  order.  Laws  igog, 
ch.  2IQ,  sec.  loj. 

OKLAHOMA  All  telephone  and  telegraph  lines,  operated  for 

hire  shall  each,  respectively,  receive  and  transmit  each  other's 

2342  messages  without  delay  or  discrimination.  Const.,  art  ix., 
sec.  5. 

VIRGINIA  It  shall  be  the  duty  of  every  telephone  com- 

pany doing  the  business  of  transmitting  and  receiving  messages 
for  compensation  in  this  state  to  receive  dispatches  and  mes- 
sages from  and  for  other  telephone  or  telegraph  companies  or 
lines  doing  the  business  of  receiving  and  transmitting  messages 
for  compensation,  and  from  and  for  any  person;  and  upon  the 
payment  of  the  established  charges  therefor,  if  demanded,  to 
transmit  the  same  faithfully  and  impartially,  and  as  promptly 
as  practicable,  and  in  the  order  of  delivery  to  the  said  company. 
For  every  failure  to  transmit  a  dispatch  or  message  faithfully 
and  impartially,  and  for  every  failure  to  transmit  a  dispatch  or 

2343  message  as  promptly  as  practicable,  or  in  the  order  of  its  de- 
livery to  the  company,  the  company  shall  forfeit  the  sum  of 
$100  to  the  person  sending  or  wishing  to  send  such  dispatch  or 
message;  provided,  however,  not  more  than  one  recovery  shall 
be  had  on  one  dispatch  or  message,  and  the  recovery  by  one 
party  entitled  thereto  shall  be  a  bar  to  the  recovery  x>f  the  other 

.  party.  But  nothing  herein  shall  prevent  any  such  company 
from  giving  preference  to  dispatches  or  messages  on  official  busi- 
ness from  or  to  officers  of  the  United  States  or  the  state  of  Vir- 
ginia, or  from  making  arrangements  with  proprietors  or  pub- 
lishers of  newspapers  for  the  transmission  to  them  for  publica- 
tion of  intelligence  of  general  and  public  interest  out  of  its 
regular  order.    Pollard's  Code  1904,  sec.  I2g4h. 

594 


^ 


WASHINGTON  Every  telephone  or  telegraph  company  oper- 

ating in  this  state  shall  receive,  transmit  and  deliver,  without  dis- 

2344  crimination  or  delay,  the  messages  of  any  other  telephone  or  tele- 
graph company.     Laws  igii,  ch.  iiy,  sec.  45. 

F.  RAILROAD,  EXPRESS  AND  TELEGRAPH 
COMPANIES  REQUIRED  TO  HAVE  TELE- 
PHONE FACILITIES. 

KANSAS  Every  railway  company,  express  company  and 

telegraph  company  shall  furnish  reasonably  adequate  telephone 

2345  connections  between  its  offices,  buildings  and  grounds,  and  the 
public  telephone  exchanges  operated  in  the  towns  where  the  same 
are  located.     Laws  igii,  ch.  ij6,  sec.  i. 

Commission  may  require  and  compel  the  furnishing  of  such 
service.  Upon  complaint  to  commission  that  any  telephonic  serv- 
ice with  any  railroad,  telegraph  or  express  company's,  buildings, 
offices  or  grounds  is  inadequate  or  in  any  respect  unreasonably  or 
unjustly  discriminatory  or  that  such  service  cannot  be  had,  com- 

2346  mission  shall  investigate  the  same,  and  if  upon  investigation  com- 
mission shall  find  that  any  telephonic  service  is  inadequate  or 
unreasonably  or  unjustly  discriminatory  or  that  such  service 
cannot  be  had,  it  shall  determine  and  by  order  fix  a  reasonable 
regulation,  practice  or  service  to  be  installed,  imposed,  observed 
and  operated  in  the  future.     Same,  sec.  2. 

Any  common  carrier  which  shall  fail  to  comply  with  the  order 
of  commission  in  respect  thereto  shall  be  deemed  guilty  of  a  mis- 

2347  demeanor  and  upon  conviction  in  any  court  having  jiirisdiction 
thereof  shall  be  fined  for  each  offense  a  stim  not  less  than  $100  nor 
more  than  $500  within  the  discretion  of  the  court.     Same,  sec.  j. 

NEBRASKA  Provisions  identical  with  pars.    2345,  2346. 

2348  Cobbey's  Annot.  Stats,  igog,  sees.  10665  ^  5>  io66j  x  6. 

Any  common  carrier  which  shall  fail  to  comply  with  the  order 
of  commission  in  respect  thereto  shall  be  deemed  guilty  of  a  misde- 
meanor, and  upon  conviction  in  any  court  having  jurisdiction 

2349  thereof,  shall  be  fined  for  each  offense  a  sirni  not  less  than  $100 
nor  more  than  $500  or  be  imprisoned  in  the  coimty  jail  not  less 
than  ten  days  nor  more  than  30  days  or  both  within  the  discretion 
of  the  court.     Same,  sec.  10665  ^  7- 

NORTH  DAKOTA  Every  railroad  corporation  or  common  carrier 
shall  provide,  furnish  and  maintain  in  all  of  their  freight  and  ticket 

595 


2350  offices  in  all  towns,  cities  and  villages  in  this  state,  where  there  is  a 
local  telephone  exchange  and  where  such  service  is  available, 
reasonable  and  adequate  telephone  connections  for  the  use  and 
benefit  of  its  patrons.     Laws  igii,  ch.  252,  sec.  i. 

Any  railroad  corporation  or  common  carrier  violating  the 
provisions  of  this  act  shall  be  fined  not  less  than  $100  nor  more 

2351  than  $200  for  each  offense,  and  it  shall  be  the  duty  of  the  state's 
attorney  upon  orders  from  commission  or  upon  complaint  of 
any  citizen,  to  commence  and  prosecute  all  actions  necessary 
for  the  enforcement  of  this  act.    Same,  sec.  2. 

VERMONT  Every  railroad  corporation  shall  grant  to  every 

person,  firm,  joint  stock  company  or  corporation  operating  a  pub- 
lic telephone  line  in  the  state  and  having  at  least  500  telephone 
connections,  equal  and  reasonable  terms,  arrangements  and  facili- 
ties for  the  installation  of  telephone  instruments  on  the  lines,  or 
connected  with  the  telephone  system  of  such  person,  firm,  joint 

2352  stock  company  or  corporation,  in  all  depots,  station  houses  or 
offices  of  such  railroad  corporation  in  the  state.  A  railroad  cor- 
poration that  violates  the  provisions  of  this  section  shall  be  fined 
not  more  than  $1,000  and  shall  be  further  liable  in  an  action  on 
this  statute  for  damages  to  the  party  injured  thereby;  but  the 
provisions  of  this  section  shall  not  apply  to  street  railways. 
Puh.  Stats.  1Q06,  sec.  448 g. 

VIRGINIA  Every  railroad  company  having  a  ticket  office 

or  freight  office  in  any  city  or  town  where  there  are,  at  the  time, 
one  or  more  public  telephone  exchanges,  or  at  any  place  where 

2363  telephone  connection  may  be  had,  on  reasonably  moderate  terms, 
with  one  or  more  telephone  exchanges  not  more  than  25  miles  dis- 
tant from  such  place,  shall  constantly  maintain  in  each  of  such 
offices,  direct  telephone  connection  with  each  of  such  exchanges. 
Laws  igo6,  ch.  2g8,  sec.  i. 

Nothing  herein  contained  shall  be  construed  to  require  such 
railroad  company  to  build  a  telephone  line,  it  being  intended  to 
require  such  company  to  put  telephones  in  its  offices  where  it  can 

2354  obtain  them  as  they  may  be  obtained  for  other  business  offices  in 
the  same  vicinity;  such  railroad  company  shall  cause  to  be 
promptly  answered  all  calls  made  over  such  telephone  connection 
during  business  hours.     Same. 

Through  such  telephone  connection,  such  railroad  company 
shall  cause  prompt  and  correct  replies  to  be  made  to  all  reason- 

2355  able  and  proper  inquiries  received  over  such  connection  during 

596 


I 


business  hoiirs,  concerning  the  passenger  or  freight  service  of  such 
road.     Same. 

WISCONSIN  Every  railroad  company  shall  furnish  reason- 

2356  ably  adequate  telephonic  connection  with  its  offices,  buildings  and 
grounds.     Laws  igoy,  ch.  614,  sec.  lygyg-i. 

Upon  complaint  to  commission  that  any  telephonic  service 
with  any  railroad  is  inadequate  or  in  any  respect  unreasonably  or 
unjustly  discriminatory  or  that  such  service  cannot  be  had  com- 
mission shall  investigate  the  same  and  if  upon  investigation  com- 
2367  mission  shall  find  that  any  telephonic  service  is  inadequate  or 
unreasonably  or  unjustly  discriminatory  or  that  such  service 
cannot  be  had  it  shall  determine  and  by  order  fix  a  reasonable 
regulation,  practice  or  service  to  be  installed,  imposed,  observed 
and  followed  in  the  future.     Same,  sec.  iygyg-2. 

All  orders  made  by  commission  under  the  provisions  of  this 

2358  act  shall  have  the  same  force  and  effect  and  an  action  may  be 
commenced  to  vacate  and  set  aside  the  same,  as  provided  in 
chapter  362,  laws  of  1905.    Same,  sec.  17 97 g- 3. 

G.    JOINT    USE    OF    PLANT,    EQUIPMENT    AND 

FACILITIES. 

ARIZONA,  CALIFORNIA 

Whenever  commission,  after  a  hearing  had  upon 
its  own  motion  or  upon  complaint  of  a  public  service  corporation^ 
affected,  shall  find  that  public  convenience  and  necessity  require 
the  use  by  one  public  service  corporation^  of  the  conduits,  sub- 
ways, tracks,  wires,  poles,  pipes  or  other  equipment,  or  any 
part  thereof,  on,  over,  or  under  any  street  or  highway,  and  belong- 
ing to  another  public  service  corporation,  ^  and  that  such  use  will 
not  resiilt  in  irreparable  injury  to  the  owner  or  other  users  of  such 
condmts,  subways,  tracks,  wires,  poles,  pipes  or  other  equipment 
or  in  any  substantial  detriment  to  the  service,  and  that  such  pub- 

2359  lie  service  corporations^  have  failed  to  agree  upon  such  use  or  the 
terms  and  conditions  or  compensation  for  the  same,  commission 
may  by  order  direct  that  such  use  be  permitted,  and  prescribe  a 
reasonable  compensation  and  reasonable  terms  and  conditions  for 
the  joint  use.  If  such  use  be  directed,  the  public  service  corpora- 
tion^ to  whom  the  use  is  permitted  shall  be  liable  to  the  owner  or 
other  users  of  such  conduits,  subways,  tracks,  wires,  poles,  pipes, 
or  other  eqtiipment  for  such  damage  as  may  result  therefrom  to 

1  "Public  utility,"  in  California. 

597 


the  property  of  such  owner  or  other  users  thereof.  Ariz. — Sess. 
Laws,  igi2,  ch.  go,  sec.  41;  Col. — Stats,  igii,  ist.  ex.  sess.,  ch. 
14,  sec.  41. 

CONNECTICUT  ^  When  two  or  more  street  railway  companies 
are  operating  in  the  same  city  or  town,  upon  appHcation  of  any 
one  of  such  companies  the  superior  court  or  any  judge  thereof 
may,  in  its  or  his  discretion,  whenever  pubHc  convenience  and 
necessity  require,  authorise  such  company  to  run  its  cars  over  the 
tracks  of  any  other  of  such  companies  for  a  distance  not  exceeding 
one-half  mile;  and  in  case  the  only  approach  to  any  city  or  town 
upon  a  particular  side  is  by  means  of  a  bridge  or  causeway,  or 
both,  for  a  greater  distance  than  one-half  mile,  such  court  or 
judge  may  authorize  any  suburban  railway  company  whose  railway 

2360  approaches  such  city  or  town  upon  such  side,  to  use  the  tracks  of 
any  other  company  crossing  each  bridge  or  causeway,  or  both, 
from  the  place  where  such  railways  meet  to  some  central  point  in 
such  city  or  town,  upon  such  terms  as  to  manner  of  use,  and  upon 
the  payment  of  such  compensation,  as  such  court  or  judge 
may  deem  just ;  and  such  a  court  or  judge  may  change  or  revoke 
such  authorization  upon  the  application  of  either  company.  No 
such  company  shall  be  allowed  to  use  the  tracks  of  another  com- 
pany unless  the  length  of  track  actually  owned  and  operated  by 
the  first  company  exceeds  the  length  of  track  to  be  so  used.  Gen. 
Stats.  igo2,  sec.  38^3. 

IOWA  All  persons,  firms  or  corporations  now  or  here- 

after owning  or  operating  electric  street  railways  in  any  city  (in- 
cluding cities  organized  under  special  charter)  or  town,  are 
hereby  authorized  and  required  to  permit  the  use  for  interurban 
business  only  but  not  for  local  street  railway  business,  of  such  of 
their  terminals,  tracks,  poles  and  wires  as  are  located  in  the 
streets,  alleys  and  public  places  of  said  cities  and  towns,  and  such 
portions  of  their  tracks,  poles  and  wires  as  may  cross  property 
owned  by  said  street  railway  companies  in  such  cities  and  towns, 
by  the  passenger  and  combination  baggage  cars  of  interurban 
railway  companies,  for  the  transportation  of  passengers,  mail, 
express  and  baggage;  and  said  street  railways  shall  fiimish  to  said 

1  Commission  shall  have  power,  after  notice  to  the  corporations  interested  and  public 
hearing,  to  require  any  public  service  corporation  or  corporations  maintaining  a  line  or 
lines  of  poles  and  wires  in  this  state  to  change  the  location  of  such  poles  and  wires  in  the 
public  highways  whenever  public  convenience  or  necessity  requires  such  change  and,  in 
case  two  or  more  corporations  are  using  or  maintaining  lines  of  poles  or  wires  in  the  same 
street,  to  require  the  wires  of  such  corporations  to  be  strung  upon  one  or  more  lines  of  poles 
to  be  owned  and  maintained  by  the  corporations  using  the  same  as  said  commission  shall 
determine.     Pub.  Ads  iQii,  ch.  230,  sec.  i. 

Any  corporation  failing  to  comply  with  any  such  order  shall  be  liable  to  the  penalties 
provided  in  sec.  35  of  chapter  128  of  the  public  acts  of  191 1.    Same. 


interurban  railways,  electric  power  for  the  operation  of  their  cars 
and  the  transaction  of  their  said  business  in  said  cities  and 
towns,  as  to  said  tracks  so  furnished;  but  said  street  railways 
shall  not  be  required  to  furnish  electric  power  except  during  such 
hoiirs  as  their  street  railway  cars  may  be  in  operation;  nor  shall 
■  1361  they  be  required  to  flu'nish  such  power  where  they  have  not  power 
houses  and  machinery  sufficient  therefor;  and  they  shall  have  the 
preference  in  the  use  of  their  own  tracks  and  power  so  that  their 
own  cars  shall  not  be  delayed  in  transit;  nor  shall  they  be  re- 
quired to  furnish  car  houses  or  car  bams  or  access  thereto.  Said 
interurban  railways  shall  pay  a  reasonable  compensation  for  the 
privileges  and  power  that  may  be  furnished  them  as  above  men- 
tioned under  this  act.  If  an  agreement  for  the  use  of  the  facili- 
ties so  furnished  and  the  compensation  for  the  same  cannot  be 
made  between  the  interested  parties,  the  question  as  to  the 
amount  of  such  compensation  and  the  conditions  under  which 
said  facilities  shall  be  furnished,  used  and  operated,  shall  be  heard 
and  determined  by  the  commission  on  petition  to  the  said  com- 
mission by  either  party  to  the  controversy,  ten  days'  notice  in 
writing  of  such  petition  being  served  upon  the  opposite  party; 
and  any  order  entered  by  said  commission,  or  court  upon  appeal, 
shall  be  subject  to  modification  or  review  from  time  to  time,  upon 
notice  being  given  as  herein  provided.    Code  i8q^,  sec.  2110c. 

Each  party  to  the  proceeding  shall  have  the  right  to  appeal 
to  the  district  court  of  the  county  where  the  street  railway  in 
question  is  located  from  any  order  made  by  commission  under 
this  act,  which  appeal  shall  be  taken  20  days  from  the  date  of 
the  order  appealed  from,  and  shall  be  perfected  by  serving  a 
notice  of  appeal  upon  the  other  parties  to  such  proceeding  and 
filing  the  same  with  the  secretary  of  commission,  and  by  filing 
within  20  days  from  the  date  of  such  order,  a  petition  in  the  said 
district  coiu-t,  stating  the  facts  and  asking  the  court  to  determine 
the  matter  in  controversy.  Commission,  shall,  when  such  notice 
of  appeal  is  filed  with  the  secretary,  forthwith  certify  to  said 
district  court  a  transcript  of  the  papers  and  proceedings  before 
commission,  and  its  order  thereon.  The  court,  or  a  judge  thereof, 
if  the  petition  is  filed  in  vacation,  shall  thereupon  appoint  a 
•  commissioner  to  examine  into  the  necessity  of  such  proceeding, 
and  report  the  facts  and  his  recommendation  in  such  time  as 
the  court  or  judge  may  direct,  and  as  soon  as  possible  thereafter 
the  court  or  judge  shall  appoint  a  time  and  place  for  the  hearing 
2362  of  such  petition.     The  proceeding  shall  be  in  equity  and  subject 

599 


to  all  the  rules  of  equity  practice,  except  that  the  court  shall 
require  the  issues  to  be  made  up  at  the  first  term  after  petition 
is  filed  and  give  the  proceedings  precedence  over  other  civil 
business  and  try  the  same  thereat  if  possible.  The  action  shall 
be  triable  de  nova  upon  said  appeal,  except  that  the  question 
for  compensation  for  the  tracks,  tolls,  wires,  terminals  and  power 
to  be  furnished  shall  first  be  tried  to  a  jury  in  the  same  manner 
and  with  the  same  effect  as  jury  trials  in  ordinary  proceedings, 
and  the  jury  shall  assess,  separately,  compensation  for  power  to 
be  furnished,  on  such  bases  as  the  court  shall  direct.  No  such 
appeal  shall  suspend  the  order  appealed  from  if  the  interurban 
railway  company  on  whose  behalf  said  order  is  made  shall  file 
such  bonds  for  the  payment  of  damages  in  courts  as  the  district 
court  to  which  such  appeal  is  taken,  or  a  judge  thereof,  may 
order  and  require.  In  all  cases  payment  of  the  compensation 
awarded  shall  be  made  or  secured  to  be  made  as  commission  or 
court  may  order  and  require  before  the  interurban  company 
desiring  the  use  of  the  same  shall  be  entitled  thereto.  Same^ 
sec.  2iiod, 

KANSAS  See  par.  2278. 

MAINE  Whenever  any  railroad  passenger  station  shall 

be  erected  or  maintained  in  any  city  or  town  in  this  state,  any 
railroad  corporation  having  or  using  a  track  or  passenger  station 
within  such  city  or  town  shall  have  the  right  to  run  its  passenger 
trains  to  and  from  such  station,  over  any  railroad  track  or  tracks 
leading  thereto  as  herein  provided,  and  to  use  the  same  for  the 
purpose  of  delivering  and  receiving  through  passengers,  under 
such  reasonable  terms  and  regulations,  and  over  such  tracks  as 

2363  may  be  agreed  upon  by  the  owner  of  such  station,  the  railroad 
whose  tracks  are  used  in  running  to  and  from  the  same,  and  the 
railroad  corporation  so  desiring  its  use  for  said  purpose,  and  in 
case  of  disagreement,  upon  petition,  notice  and  hearing  thereon, 
the  railroad  commissioners  shall  fix  and  determine  such  terms, 
tracks  and  regulations.  No  corporation  which  shall  deny,  in  any 
proceedings,  the  authority  of  commission  to  proceed  and  make 
the  determination  as  herein  provided,  or  which  shall  refuse  to 
abide  by  its  decision  rendered  therein,  shall  avail  itself  of  the 
provisions  of  this  section.     Rev.  Stats.  iQoj,  ch.  51,  sec.  60. 

No  corporation  or  person  shall  be  permitted  to  construct  or 
maintain  any  railroad  for  similar  purposes  over  the  street,  roads 
or  ways  that  may  be  lawfiilly  occupied  by  a  street  railroad  in 

600 


I 


any  city  or  town,  but  any  person  or  corporation  lawfully  operating 

2364  any  street  railroad  to  any  point  to  which  the  tracks  of  any  other 
street  railroad  extend,  may  enter  upon,  connect  with  and  use  the 
same,  on  such  terms  and  in  such  manner  as  may  be  agreed  upon 
between  the  parties,  or  if  they  shall  not  agree,  to  be  determined 
by  commission  upon  application,  notice  and  hearing  therefor. 
Rev.  Stats.  1903,  ch.  55,  sec.  21. 

MASSACHUSETTS  If  one  railroad  corporation  occupies  or  uses,  or 
has  a  right  to  occupy,  enter  upon  and  use,  a  station,  railroad  or 
grounds  of  an  other,  or  any  portion  thereof,  railroad  commission 
upon  petition  of  either  party,  and  after  notice  to  the  other  and  a 
hearing  shall  determine  the  compensation  to  be  paid  for  such 
occupancy  and  use.    Its  award  shall  be  binding  upon  the  parties 

2365  thereto  for  five  years  and  thereafter  until  it  is  revised  or  altered  by 
said  commission  and  upon  the  request  in  writing  of  a  party  affected 
thereby,  filed  within  30  days  after  the  rendering  thereof,  the 
award  shall  be  filed  in  the  supreme  judicial  court  which  shall  have 
jurisdiction  to  revise  the  same  as  if  the  award  had  been  made  by 
a  commission  appointed  by  said  court.  Acts  1906,  ch.  463,  pt. 
it,  sec.  140. 

If  a  railroad  constructed  after  April  8,  1872,  meets  another 
railroad  which  passes  through  the  same  city  or  town,  the  cor- 
poration by  which  either  of  said  railroads  is  owned  may,  with 
the  written  consent  of  railroad  commission  and  upon  such 
terms  as  said  commission  upon  hearing  prescribes,  enter  its 
railroad  upon,  imite  the  same  with  and  use  the  railroad  of  the 
other;  and  if  a  railroad  corporation  whose  railroad  was  con- 

2366  structed  prior  to  said  day  is  specially  authorized  to  enter  its 
railroad  upon,  unite  the  same  with  and  use  the  railroad  of  an- 
other corporation,  each  of  such  corporations  may  enter  upon, 
unite  its  railroad  with  and  use  the  railroad  of  the  other;  but  no 
locomotive  engine  or  other  motive  power  which  is  not  owned  and 
controlled  by  the  corporation  owning  or  lawfully  operating  the 
railroad  shall  be  allowed  to  nm  upon  a  railroad  except  with  the 
consent  of  such  corporation.     Same,  sec.  205. 

A  street  railway  company^  may  permit  another  street  railway 
company  to  operate  cars  over  its  tracks  to  such  extent  and  under 

2367  such  rules  and  regulations  as  railroad  commission  shall  determine 
to  be  consistent  with  public  safety.  Acts  igod,  ch.  463,  pt.  in, 
sec.  36. 

1  In  the  two  preceding  sections  the  word  "  company  "  or  "  companies  "  shall  include 
every  person,  partnership,  association,  corporation  and  municipality  engaged  in  the  sale 
of  incandescent  electric  Ught  or  electricity  for  incandescent  lighting.  Rev.  Laws  1902,  ch. 
121,  sec.  38. 

601 


Railroad  commission  may,  upon  the  petition  of  a  street  rail- 
way company  or  of  any  interested  party,  after  notice  and  a  public 
hearing,  determine  the  reasonable  conditions  which  shall  govern 
the  interchange  of  traffic  and  cars  between  street  railway  com- 
panies, and  may,  wherever  it  is  reasonable  and  consistent  with 
the  public  interest,  order  a  street  railway  company  to  receive 
and  convey  over  its  tracks  the  cars  of  another  such  company  at 
such  times  and  over  such  routes  and  upon  such  terms,  including 
reasonable  compensation,  as  commission  may  prescribe:  pro- 
vided, however,  that  a  street  railway  company  shall  have  con- 

2368  trol  of  and  responsibility  for  the  management  and  operation  of 
all  cars  while  upon  its  railway  as  fully  as  if  it  owned  them. 
Said  commission  may  also  recommend  such  joint  rates,  fares  and 
charges,  as  are  consistent  with  the  provisions  of  any  special 
charter  of  any  street  railway  company,  specifying  at  the  same 
time  and  in  every  instance  the  part  of  the  joint  rate,  fare  or  charge 
to  which  each  street  railway  company  affected  thereby  shall  be 
entitled,  and  may  make  such  other  recommendations  as  seem  ap- 
propriate to  the  circtimstances  of  each  particular  case.  The  su- 
preme judicial  court  or  the  superior  court  shall  have  jurisdiction 
in  equity  to  enforce  any  orders  made  by  said  commission  under 
the  provisions  of  this  act.     Acts  igii,  ch.  487,  sec.  i. 

MICHIGAN  Hereafter  it  shall  be  unlawfiil  without  the 

specific  permission  of  commission  for  any  two  or  more  express 
companies,  doing  business  in  this  state,  to  maintain  in  any  city  or 
village  a  joint  office  or  to  employ  the  same  person  to  act  as  joiat 

2369  agent  for  the  said  companies;  provided,  that  the  provisions  of 
this  section  shall  not  apply  to  offices  maintained  at  railroad 
stations  or  junction  points  for  the  receipt  and  forwarding  of  ex- 
press matter.     Puh.  Acts  1911,  no.  27J,  sec.  j. 

NEW  HAMPSHIRE  No  railroad  corporation  shall  be  required  to 

2370  allow  the  use  of  any  motive  power  other  than  its  own,  upon  its 
railroad.     Pub.  Stats,  ch.  i^y,  sec.  11. 

OHIO  Every  public  utility  having  any  equipment  on, 

over  or  imder  any  street,  or  highway,  shall,  subject  to  the  pro- 
visions of  section  9103  of  the  general  code,  for  a  reasonable  com- 
pensation permit  the  use  of  the  same  by  any  other  public  utility' 

2871  whenever  commission  shall  determine  as  provided  in  section  32 
hereof  that  public  convenience,  welfare  and  necessity  require 
such  use,  or  joint  use,  and  such  use  or  joint  use  will  not  result  in ; 
irreparable  injury  to  the  owner  or  other  users  of  such  equipment, 

602 


nor  in  any  substantial  detriment  to  the  service  to  be  rendered  by 
such  owners  or  other  users.     Laws  1911,  no.  J25,  sec.  31. 

In  case  of  failure  to  agree  upon  such  use  or  joint  use  or  the 
conditions  or  compensation  for  such  use  or  joint  use,  any  public 
utility  may  apply  to  commission,  and  if  after  investigation  com- 
mission shall  ascertain  that  the  public  convenience,  welfare 
and  necessity  require  such  use  or  joint  use  and  that  it  would  not 

2372  result  in  irreparable  injury  to  the  owner  or  other  users  of  such 
property  or  equipment,  nor  in  any  substantial  detriment  to  the 
service  to  be  rendered  by  such  owner  or  other  users  of  such 
property  or  equipment,  said  commission  shall  by  order  direct 
that  such  use  or  joint  use  be  permitted  and  prescribe  reasonable 
conditions  and  compensations  for  such  joint  use.     Same,  sec.  j2. 

Such  use  or  joint  use  so  ordered  shall  be  permitted  and  such 
conditions  and  compensations  so  prescribed  shall  be  the  lawful 
conditions  and  compensation  to  be  observed,  followed  and  paid, 

2373  subject  to  recourse  to  the  courts  by  any  interested  party  as  pro- 
vided in  this  act.  Any  such  order  made  by  commission  may  be 
revoked  or  from  time  to  time  revised  by  commission.  Same, 
sec.  33. 

OREGON  Every  public  utility,  and  every  person,  asso- 

ciation or  corporation  having  conduits,  subways,  street  railway 
tracks,  poles  or  other  equipment  on,  over  or  under  any  street  or 
highway  shall  for  a  reasonable  compensation  permit  the  use  of 

2374  the  same  by  any  public  utility  whenever  public  convenience  or 
necessity  require  such  use  and  such  use  will  not  restdt  in  irrep- 
arable injury  to  the  owner  or  other  users  of  such  equipment  nor 
in  any  substantial  detriment  to  the  service  to  be  rendered  by  such 
owners  or  other  users.     Gen.  Laws  igii,  ch.  2yg,  sec.  8. 

In  case  of  failure  to  agree  upon  such  use  or  the  conditions  or 
compensation  for  such  use  any  public  utility  or  any  person,  as- 
sociation or  corporation  interested  may  apply  to  commission,  and 
if  after  investigation  commission  shall  ascertain  that  public  con- 

2375  venience  or  necessity  require  such  use  and  that  it  would  not  re- 
sult in  irreparable  injury  to  the  owner  or  other  users  of  such 
equipment,  it  shaU  by  order  direct  that  such  use  be  permitted  and 
prescribe  reasonable  conditions  and  compensation  for  such  joint 
use.     Same. 

Such  use  so  ordered  shall  be  permitted  and  such  conditions 
and  compensation  so  prescribed  shall  be  the  lawful  conditions 
and  compensation  to  be  observed,  followed  and  paid,  subject  to 
recourse  to  the  coiuts  upon  the  complaint  of  any  interested  party 

603 


as  provided  in  sections  54,  55,  56,  57  and  58  hereof,  inclusive,  and 
such  sections  so  far  as  appHcable  shall  apply  to  any  such  suit  arising 

2376  on  such  complaint  so  made.  Any  such  order  of  commission  may 
be  from  time  to  time  revised  by  commission  upon  application  of 
any  interested  party  or  upon  its  own  motion.  All  public 
utilities  shall  afford  all  reasonable  facilities  and  make  all  neces- 
sary regulations  for  the  interchange  of  business,  or  traffic  car- 
ried or  their  product  between  them,  when  ordered  by  commission 
so  to  do.     Same. 

WASHINGTON  Whenever  any  order  of  commission  shall  re- 

quire joint  action  by  two  or  more  public  service  companies,  such 
order  shall  specify  that  the  same  shall  be  made  at  their  joint  cost, 
and  the  companies  affected  shall  have  30  days,  or  such  further 
time  as  commission  may  prescribe,  within  which  to  agree  upon 
the  part  or  division  of  cost  which  each  shall  bear,  and  costs  of 
operation  and  maintenance  in  the  future,  or  the  proportion  of 
charges  or  revenue  each  shall  receive  from  such  joint  service  and 
the  rules  to  govern  futture  operations.     If  at  the  expiration  of 

2377  such  time  such  companies  shall  fail  to  file  with  commission  a  state- 
ment that  an  agreement  has  been  made  for  the  division  or  ap- 
portionment of  such  cost,  the  division  of  costs  of  operation  and 
maintenance  to  be  incvmred  in  the  future  and  the  proportion  of 
charges  or  revenue  each  shall  receive  from  such  joint  service  and 
the  rules  to  govern  futiu-e  operations,  commission  shall  have 
authority,  after  further  hearing,  to  enter  a  supplemental  order 
fixing  the  proportion  of  such  cost  or  expense  to  be  borne  by  each 
company,  and  the  manner  in  which  the  same  shall  be  paid  and  se- 
cured.    Laws  igii,  ch.  iiy,  sec.  8j. 

WISCONSIN  A  provision  identical  with  par.  2374,  except 

2378  that  "street  railway  tracks"  is  omitted.  Laws  igoj,  ch.  4gg, 
sec.  iygym-4{i),  as  amended  by  Laws  igii,  ch.  546. 

In  case  of  failure  to  agree  upon  such  use  or  the  conditions  or 
compensation  for  such  use,  any  public  utility  or  person,  asso- 
ciation or  corporation  interested  may  apply  to  commission  and 
if  after  investigation  commission  shall  ascertain  that  public  con- 
venience and  necessity  require  such  use  and  that  such  use  would 

2379  not  result  in  irreparable  injury  to  the  owner  or  other  users  of  such 
equipment  nor  in  any  substantial  detriment  to  the  service  to  be 
rendered  by  such  owner  or  other  users  of  such  equipment  it  shall 
by  order  direct  that  such  use  be  permitted  and  prescribe  reason- 
able conditions  and  compensation  for  such  joint  use.  Same, 
sec.  iyg^m-4{2),  as  amended  by  Laws  igii,  ch.  546. 

604 


Such  use  so  ordered  shall  be  permitted  and  such  conditions 
and  compensations  so  prescribed  for  such  use  shall  be  the  lawful 
conditions  and  compensations  for  such  use  to  be  observed,  fol- 
lowed and  paid  subject  to  recourse  to  the  coiu*ts  upon  the  com- 
plaiat  of  any  interested  party  as  provided  in  sections  i797m-64 

2380  to  i797m-73,  inclusive,  and  such  sections  so  far  as  applicable 
shall  apply  to  any  action  arising  on  such  complaint  so  made. 
Any  such  order  of  commission  may  be  from  time  to  time  revised 
by  commission  upon  application  of  any  interested  party  or  upon 
its  own  motion.  Same,  sec.  i;^gym-4{j),  as  amended  by  Laws 
igii,  ch.  546. 

H.  RULES,  REGULATIONS,  PRACTICES,  METH- 
ODS AND   APPLIANCES. 

ARIZONA  Whenever  commission,   after  a  hearing  had 

upon  its  own  motion  or  upon  complaint  shall  find  that  the  rules, 
regulations,  practices,  equipment,  appliances,  facilities  or  serv- 
ice of  any  public  service  corporation,  or  the  methods  of  manu- 
facture, distribution,  transmission,  storage  or  supply  employed 

2381  by  it,  are  imjust,  unreasonable,  unsafe,  improper,  inadequate  or 
insufficient,  commission  shall  determine  the  just,  reasonable, 
safe,  proper,  adequate  or  sufficient  rules,  regulations,  practices, 
equipment,  appliances,  facilities,  service  or  methods  to  be  ob- 
served, fiunished,  constructed,  enforced  or  employed  and  shall 
fix  the  same  by  its  order,  rule  or  regtdation.  Sess.  Laws  1912^ 
ch.  go,  sec.  ^5. 

Commission  shall  prescribe  rules  and  regulations  for  the  per- 
formance of  any  service  or  the  furnishing  of  any  commodity  of 
the  character  furnished  or  supplied  by  any  public  service  corpor- 

2382  ation,  and  upon  proper  demand  and  tender  of  rates,  such  public 
service  corporation  shall  furnish  such  commodity  or  render  such 
service  within  the  time  and  upon  the  conditions  provided  in  such 
rules.     Same. 

See  also  par.  2465. 

ARKANSAS  Commission  shall  make  such  rules  and  regu- 

lations to  be  observed  by  all  persons  or  corporations  operating 
any  railroad  or  engaged  in  transporting  property  as  express  or 

2383  freight  in  respect  to  the  receiving,  hauling,  transporting,  stor- 
ing and  delivering  of  freight  and  express  as  in  its  judgment  the 
public  convenience  may  require.    Acts  igoy,  no.  422 y  sec.  j. 

As  to  all  freight  carried  wholly  within  the  state  and  the  cars 

60s 


used  therefor  commission  may  make  and  establish  all  needful 
rules  and  regulations,  general  and  special,  which  may  be  different 
according  to  the  circumstances  and  conditions  to  different  rail- 
roads and  localities  and  for  different  kinds  and  classes  of  freight 
and  cars,  providing  for  time,  place  and  manner  of  demanding 
cars  for  or  giving  notice  of  shipment  of  such  freight,  and  the  time, 
place  and  manner  and  order  in  which  same  shall  be  furnished  to 
shippers  for  the  purpose  of  shipping  freight  between  points  in  the 
state ;  and  may  prescribe  rules  and  regulations  for  the  furnishing, 
exchanging  and  interchanging  of  cars,  loaded  and  empty,  by 
railroad  companies  as  between  each  other;  the  time,  place,  terms 
and  conditions  upon  which  such  cars  shall  be  furnished  and  such 
interchange  shall  be  made,  and  in  the  absence  of  an  agreement  of 
such  railroad  companies,  the  reasonable  compensation  to  be  paid 
by  each  railroad  company  for  the  use,  loss,  injury  or  destruction 
of  the  cars  of  another  railroad  company  in  the  transportation  of 
2384  such  freight;  and  the  time  within  which,  and  the  manner  by 
which  railroad  companies  shall  give  notice  or  make  demand  upon 
each  other  for  cars  to  be  furnished  by  one  railroad  company  in 
exchange  for  loaded  cars,  or  to  have  its  cars  returned,  said  com- 
mission, whenever  it  may  deem  same  necessary  in  order  to  se- 
ciure  the  prompt  transportation  of  freight  and  preservation  of  the 
property,  shall  be  authorized  to  prescribe  the  minimum  speed  at 
which  freight  shall  be  moved  when  being  transported  between 
points  within  the  state,  including  the  time  for  transfer  and  de- 
livery between  connecting  railroads.  It  shall  be  the  duty  of 
every  such  railroad  to  conform  to  all  the  rules  and  regulations 
and  orders  of  commission  made  in  accordance  with  this  act,  and  the 
failure  of  any  such  railroad  company  to  observe  the  rules  and 
regVdations  of  commission,  or  to  comply  with  the  provisions  here- 
of, as  to  freight  carried  wholly  within  the  state,  shall  be  deemed 
an  abuse  subject  to  correction  by  commission,  and  shall  subject 
such  railroad  company  to  the  penalties  hereinafter  provided. 
Acts  igoQy  no.  277,  sec.  i. 

CALIFORNIA  Provisions  for  public  utilities  identical  with 

2386  pars.  2381,  2382.    Stats.  191 1,  ist.  ex.  sess.,  ch.  14,  sec.  35, 
See  also  par.  2465, 

CONNECTICUT  See  par.  2437. 

FLORIDA  Commission  shall  provide  and  prescribe  all 

such  rules  and  regulations  as  may  be  necessary  to  secure  proper 

2886  operation  and  the  furnishing  of  such  facilities  and  the  prompt 

606 


I 


handling,  transportation  and  delivery  of  all  freights  offered. 
Gen.  Stats.  igo6,  sec.  28g6. 

GEORGIA  Commission  may  make,  prescribe,  and  enforce 

all  such  reasonable  rules,  regulations  and  orders  as  may  be  neces- 
sary in  order  to  compel  and  require  the  several  railroad  companies 
to  promptly  receive,  receipt  for,  forward  and  deliver  to  destina- 

1387  tion  all  freights  of  every  character  which  may  be  tendered  or  re- 
ceived by  them  for  transportation;  and  as  well  such  reasonable 
rules,  regulations  and  orders  as  may  be  necessary  to  compel  and 
require  prompt  delivery  of  all  freights,  on  arrival  at  destination, 
to  the  consignee.     Code  igii,  sec.  26^4. 

Commission  may  prescribe  rules  and  penalties  covering  and 
requiring  the  prompt  receipt,  carriage,  and  delivery  of  freight, 

S388  the  prompt  furnishing  of  cars  to  shippers  desiring  to  ship  freight 
and  rules  and  penalties  for  the  transfer  of  cars  through  yards  by 
connecting  roads.     Same,  sec.  2664. 

INDIANA  Commission  shall  adopt  all  necessary  rules  and 

regulations  to  govern  car  distribution  and  delivery,  train  service 
and  accommodations  and  for  car  service  or  the  transfer  and 

2389  switching  of  cars  from  one  railroad  to  another  at  junction  points, 
or  where  entering  the  same  city  or  town.  Acts  1Q07,  ch. 
241,  sec.  3. 

Before  any  order  shall  be  made  by  commission  changing  the 
rules  or  regtdations  of  any  railroad  or  express  company  or  other 
carrier  or  company  respecting  car  service,  the  transfer  or  switch- 
ing of  cars  from  one  railroad  to  another,  or  respecting  the  loca- 
tion or  construction  of  sidings  and  connections  between  roads, 

2390  said  commission  shall  give  the  company  or  companies  affected  by 
such  proposed  order  not  less  than  ten  days'  written  notice  of  the 
time  and  place  where  the  matters  involved  in  said  proposed  order 
shall  be  considered;  and  such  company  shall  be  entitled  to  a 
hearing  at  the  time  and  place  specified  in  such  notice  and  shall 
have  process  to  enforce  the  attendance  of  its  witnesses.  Same, 
sec.  14. 

KANSAS  See  pars.  262,  742,  qi8,  2497. 

LOUISIANA  Commission  may  make  and  adopt  any  and  all 

reasonable  and  just  rules,  regulations  and  orders,  affecting  or 

2391  connected  with  the  service  and  operation  of  telegraph  and  tele- 
phone companies  and  corporations  and  persons  engaged  in  such 
business  in  the  state.     Stats.  igo8,  no.  igg,  sec.  2. 

607 


Commission  shall  adopt,  make  and  change  reasonable  and 

2392  just  rules,  regulations  and  orders  affecting  and  concerning  the 
service  to  be  given  and  furnished  by  express,  telegraph  and  tele- 
phone companies.     Same,  sec.  j. 

MARYLAND  Whenever  commission  shall  be  of  the  opinion, 

after  a  hearing  had  upon  its  own  motion  or  upon  complaint,  that 
the  regulations,  practices,  equipment,  appliances  or  services  of 
any  common  carrier  or  other  such  corporation  in  respect  to  any 
services,  transportation  of  persons,  freight  or  property  within  the 
state,  are  unjust,  imreasonable,  unsafe,  unreasonably  improper  or 
inadequate  commission  shall  determine  the  just,  reasonable,  safe, 
reasonably  adequate  and  proper  regulations,  practices,  equip- 

2393  ment,  appliances  and  service  to  be  in  force  and  to  be  observed  in 
respect  to  such  transportation  of  persons,  freight  and  property, 
and  so  fix  and  prescribe  the  same  by  order  to  be  served  upon  every 
common  carrier  or  other  corporation  to  be  bound  thereby,  and 
thereafter  it  shall  be  the  duty  of  every  such  common  carrier  or 
other  corporation  to  observe  and  obey  each  and  every  require- 
ment of  every  such  order  so  served  upon  it,  and  to  do  every- 
thing necessary  or  proper  in  order  to  secure  absolute  compliance 
with  and  observance  of  every  such  order  by  all  its  officers,  agents 
or  employes.     Laws  igio,  ch.  i8o,  sec.  2j. 

See  also  pars.  2423,  246g,  24^0. 

MASSACHUSETTS  Whenever  commission  shall  be  of  opinion, 
after  a  hearing  had  upon  its  own  motion  or  upon  complaint,  that 
the  regulations,  practices,  equipment,  appliances  or  service  of 
any  such  carrier  in  respect  to  transportation  of  persons  or  prop- 
erty within  the  state  are  unjust,  unreasonable,  unsafe,  improper 

2394  or  inadequate,  commission  shall  determine  the  just,  reasonable, 
safe,  adequate  and  proper  regulations,  practices,  equipment,  ap- 
pliances and  service  thereafter  to  be  in  force,  to  be  observed  and 
to  be  used  in  such  transportation  of  persons  and  property,  and 
shall  recommend  the  same  by  order  to  be  served  upon  such  car- 
rier.    Acts  igii,  ch.  '/55,  sec.  2. 

2896  Facilities  fixed  and  determined  by  statute  shall  not  be  re- 

vised or  regulated  by  commission.     Same,  sec.  j. 
See  also  pars.  75^,  2^0;^. 

MICfflGAN  See  pars.  281,  284,  2425. 

NEVADA  See  pars,  p;;,  g'/8. 

NEW  HAMPSHIRE  See  pars.  2452,  2480. 

608 


NEW  JERSEY  See  pars.  2291,  2481. 

NEW  MEXICO  Commission  shall  make  and  enforce  reason- 

able and  just  rules  requiring  the  supplying  of  cars  and  equipment 

2396  for  the  use  of  shippers  and  passengers.     Const.,  art.  xi,  sec.  j. 

NEW  YORK  Whenever    commission   shall  be   of  opinion, 

after  a  bearing,  had  upon  its  own  motion  or  upon  complaint, 
that  the  regulations,  practices,  equipment,  appliances,  or  service 
of  any  such  common  carrier,  railroad  or  street  railroad  corpora- 
tion in  respect  to  transportation  of  persons  or  property  within  the 
state  are  unjust,  unreasonable,  imsafe,  improper  or  inadequate, 
commission  shall  determine  the  just,  reasonable,  safe,  adequate 
and  proper  regulations,  practices,  equipment,  appliances  and 

2397  service  thereafter  to  be  in  force,  to  be  observed  and  to  be  used  in 
such  transportation  of  persons  and  property  and  so  fix  and  pre- 
scribe the  same  by  order  to  be  served  upon  every  common  car- 
rier, railroad  and  street  railroad  corporation  to  be  bound  thereby; 
and  thereafter  it  shall  be  the  duty  of  every  common  carrier,  rail- 
road and  street  railroad  corporation  to  observe  and  obey  each 
and  every  requirement  of  every  such  order  so  served  upon  it,  and 
to  do  everything  necessary  or  proper  in  order  to  secure  absolute 
compliance  with  and  observance  of  every  such  order  by  all  of 
its  officers,  agents  and  employes.      Laws  1910,  ch.  480,  sec.  49(2). 

Whenever  commission  shall  be  of  opinion,  after  a  hearing  had 
upon  its  own  motion  or  upon  complaint,  that  the  property,  equip- 
ment or  appliances  of  any  such  person  or  corporation  are  imsafe, 
inefficient  or  inadequate,  commission  shall  determine  and  pre- 

2398  scribe  the  safe,  efficient  and  adequate  property,  equipment  and 
appliances  thereafter  to  be  used,  maintained  and  operated  for 
the  security  and  accommodation  of  the  public  and  in  compliance 
with  the  provisions  of  law  and  of  their  franchises  and  charters. 
Same,  sec.  66{^). 

Whenever  commission  shall  be  of  the  opinion,  after  a  hearing 
had  upon  its  own  motion  or  upon  complaint,  that  the  rules, 
regulations  or  practices  of  any  telegraph  corporation  or  telephone 
corporation  are  imjust  or  imreasonable  or  that  the  equipment  or 
service  of  any  telegraph  corporation  or  telephone  corporation  is 
inadequate,  inefficient,  improper  or  insufficient,  commission 
shall  determine  the  just,  reasonable,  adequate,  efficient  and 
proper  regulations,  practices,  equipment  and  service  thereafter 

2399  to  be  installed,  to  be  observed  and  used,  and  to  fix  and  prescribe 
the  same  by  order  to  be  served  upon  every  telegraph  and  tele- 

609 


phone  corporation  to  be  bound  thereby,  and  thereafter  it  shall 
be  the  duty  of  every  telegraph  and  telephone  corporation  to 
which  such  order  is  directed  to  obey  each  and  every  such  order 
so  served  upon  it  and  to  do  everythiag  necessary  or  proper  in 
order  to  secure  compliance  with  and  observance  of  every  such 
order  by  all  its  officers,  agents  and  employes  according  to  its  true 
latent  and  meaning.^  Same,  sec.  97(2). 
See  also  pars.  2427,  248 j,  2520. 

NORTH  CAROLINA  Commission  shall  make  reasonable  and  just 

2400  rules  for  the  handling  of  freight  and  baggage  at  stations.  PelVs 
Revisal,  igo8,  sec.  10Q4. 

Commission  shall  make  rules,  regulations  and  rates  govern- 
ing storage  charges  by  railroad  companies  and  other  transporta- 
tion companies;  and  shall  make  rules  govemiag  railroad  com- 

2401  panics  in  the  placing  of  cars  for  loading  and  unloading  and  in 
fixing  time  limit  for  delivery  of  freights  after  the  same  have  been 
received  by  the  transportation  companies  for  shipment.  Same, 
sec.  iioo. 

See  also  par.  2558. 

OHIO  Commission  may  enforce  reasonable  regula- 

tions for  furnishing  cars  to  shippers,  switching,  loading  and  un- 

2402  loading  them,  and  the  weighing  of  cars  and  freight  offered  for 
shipment  over  any  line  of  railroad.    Code  igio,  sec.  521. 

Whenever  commission  shall  be  of  the  opinion,  after  hearing 
had  upon  complaint,  as  in  this  act  provided,  or  upon  its  own  in- 
itiative or  complaint,  served  as  in  this  act  provided,  that  the  rules, 
regulations,  measurements,  or  practices  of  any  public  utility 
with  respect  to  its  public  service  are  -unjust  or  unreasonable,  or 
that  the  equipment  or  service  thereof  is  inadequate,  inefficient, 

2403  improper  or  insufficient,  or  cannot  be  obtained,  it  shall  determine 
the  regulations,  practices  and  service  thereafter  to  be  installed, 
observed,  used  and  rendered,  and  fix  and  prescribe  the  same  by 
order  to  be  served  upon  the  public  utility.  It  shall  thereafter 
be  the  duty  of  such  public  utility  and  all  of  its  officers,  agents 
and  official  employes  to  obey  the  same  and  do  everything  nec- 
essary or  proper  to  carry  the  same  into  effect  and  operation. 
Laws  igiiy  no.  525,  sec.  2q. 

See  also  pars.  2487,  2521. 

1  Nothing  contained  in  this  chapter  shall  be  construed  as  giving  to  commission  power 
to  make  any  order,  direction  or  requirement  requiring  any  telegraph  corporation  or  tele- 
phone corporation  to  perform  any  act  which  is  unjust  or  unreasonable  or  in  violation  of 
any  law  of  this  state  or  of  the  United  States  not  inconsistent  with  the  provisions  of  this 
chapter.    Laws  1910,  ch.  480,  sec.  97(3). 

6x0 


OKLAHOMA  See  pars.  844,  846. 

OREGON  Commission  may  make,  establish,  and  alter 

either  on  its  own  motion  or  upon  complaint,  in  the  manner  pro- 
vided in  section  28,  reasonable  regulations  and  rules,  not  incon- 

2404  sistent  with  the  provisions  of  this  section,  for  the  delivery, 
switching,  weighing,  loading  and  unloading  of  cars,  and  enforce 
the  same.     Gen.  Laws  igoy,  ch.  55,  sec.  26{p). 

See  also  pars.  ^48,  loij,  loiy,  1022,  ijog,  248^,  252^^. 

PENNSYLVANIA        See  par.  762. 

RHODE  ISLAND  If  upon  such  a  hearing  and  investigation  had 
under  the  provisions  of  this  act,  commission  shall  find  that  any 
regulation,  measurement,  practice,  act  or  service  of  any  public 
utility  is  unjust,  imreasonable,  insufficient,  preferential,  unjustly 
discriminatory,  or  otherwise  in  violation  of  any  of  the  provisions 

2405  of  this  act,  or  that  any  service  of  any  such  public  utility  is  inade- 
quate or  that  any  service  which  can  be  reasonably  demanded 
cannot  be  obtained,  commission  may  substitute  therefor  such 
other  regulations,  measurements,  practices,  service,  or  acts,  and 
make  such  order  respecting,  and  such  changes  in  such  regulations, 
measurements,  practices,  service  or  acts,  as  shall  be  just  and 
reasonable.     Acts  1Q12,  ch.  ygj,  sec.  22. 

Whenever  commission  shall  believe  that  any  regulation, 
'measurement,  practice  or  act  whatsoever  of  such  public  utility 
affecting  or  relating  to  the  conveyance  of  persons  or  property 
or  any  of  the  service  in  connection  therewith  or  affecting  or 
relating  to  the  production,  transmission,  delivery  or  furnishing 
of  heat,  light,  water  or  power  or  any  service  in  connection  there- 

2406  with  is  in  any  respect  unreasonable,  insufficient  or  unjustly  dis- 
criminatory or  that  any  service  of  such  public  utility  is  inadequate 
or  cannot  be  obtained  or  is  unsafe  or  the  public  safety  is  in  danger 
thereby  or  that  an  investigation  of  any  matter  relating  to  a 
public  utility  should  for  any  reason  be  made,  commission  may 
of  its  own  motion  summarily  investigate  the  same  with  or  with- 
out notice.     Same,  sec.  26. 

See  also  par.  1025,  2^2g,  2601. 

SOUTH  DAKOTA  See  pars.  345,  346. 

TEXAS  Commission  may,  as  to   all   freight   carried 

wholly  within  the  state,  and  the  cars  used  therefor,  make  and 
establish  all  needful  rules  and  regulations,  general  and  special, 
which  may  be  different  according  to  the  circumstances  and  con- 
ditions of  different  railroads  and  localities  and  for  different  kinds 

611 


and  classes  of  freight  and  cars,  providing  for  the  time,  place  and 
manner  of  demanding  cars  for,  or  giving  notice  of  shipment  of 
such  freight  and  the  time,  place,  manner  and  order  in  which  the 
same  shall  be  furnished  to  shippers  for  the  purpose  of  shipping 
freight  between  points  in  the  state;  and  prescribe  rules  and 
regulations  for  the  furnishing,  exchanging  and  interchanging  of 
cars,  'oaded  and  empty,  by  railroad  companies  as  between  each 
other;  the  time,  place,  terms  and  conditions  upon  which  such 
cars  shall  be  furnished  and  such  interchange  shall  be  made,  and 
in  the  absence  of  an  agreement  of  such  railroad  companies,  the 
reasonable  compensation  to  be  paid  by  each  railroad  company 
for  the  use,  loss,  injtiry  or  destruction  of  the  cars  of  another  rail- 

2407  road  company  in  the  transportation  of  such  freight;  the  time 
within  which,  and  the  manner  by  which,  railroad  companies 
shall  give  notice  or  make  demand  upon  each  other  for  cars  to  be 
.  urnished  by  one  railroad  company  in  exchange  for  loaded  cars, 
or  to  have  its  cars  returned.  Said  commission,  whenever  it  may 
deem  same  necessary  in  order  to  secure  the  prompt  transporta- 
tion of  freight  and  preservation  of  the  property,  shall  be  author- 
ized to  prescribe  the  minimum  speed  at  which  freight  shall  be 
moved  when  being  transported  between  points  within  the  state, 
including  the  time  for  transfer  and  delivery  as  between  connect- 
ing railroads.  It  shall  be  the  duty  of  every  such  railway  com- 
pany to  conform  to  all  of  the  rules  and  regulations  and  orders, 
of  commission  made  in  accordance  with  this  act,  and  the  failure 
of  any  such  railroad  company  to  observe  the  rules  and  regula- 
tions of  commission  or  to  comply  with  the  provisions  hereof  as 
to  freight  carried  wholly  within  the  state,  shall  be  deemed  an 
abuse  subject  to  correction  by  commission,  and  shall  subject 
such  railroad  company  to  the  penalties  hereinafter  provided. 
Laws  igoj,  ch.  184,  sec.  j. 

VERMONT  See  par.  349. 

VIRGINIA  See  par.  883. 

WASHINGTON  Whenever  commission  shall  find,  after  such 

hearing,  that  the  rules,  regulations,  practices,  equipment,  appli- 
ances, facilities  or  service  of  any  such  common  carrier  in  respect 
to  the  transportation  of  persons  or  property  are  iinjust,  unrea- 
sonable, unsafe,  improper,  inadequate  or  insufficient,  commission 

2408  shall  determine  the  just,  reasonable,  safe,  adequate,  sufficient 
and  proper  rules,  regulations,  practices,  eqmpment,  appliances, 
facilities  or  service  to  be  observed,  fiimished,  constructed  or 

612 


enforced  and  be  used  in  the  transportation  of  persons  and  prop- 
erty by  such  common  carrier,  and  fix  the  same  by  its  order  or 
rtde  as  hereinafter  provided.     Laws  igii,  ch.  iiy,  sec.  53. 

Whenever  commission  shall  find,  after  hearing,  that  any 
rules,  regulations,  measiu-ements  or  the  standard  thereof,  prac- 
tices, acts  or  service  of  any  such  gas,  electrical  or  water  company 
are  unjust,  unreasonable,  improper,  insufficient,  inefficient  or 

2409  inadequate,  or  that  any  service  which  may  be  reasonably  de- 
manded is  not  fiunished,  commission  shall  fix  the  reasonable 
rules,  regulations,  measurements  or  the  standard  thereof,  prac- 
tices, acts  or  service  to  be  thereafter  furnished,  imposed,  observed 
and  followed,  and  shall  fix  the  same  by  order,  or  rule,  as  herein- 
after provided.     Same,  sec.  54. 

Whenever  commission  shall  find  after  such  hearing  that  the 
rules,  regulations  or  practices  of  any  telegraph  or  telephone  com- 
pany are  unjust  or  unreasonable,  or  that  the  equipment,  facilities 
or  service  of  any  telegraph  or  telephone  company  is  inadequate, 

2410  inefficient,  improper  or  insufficient,  commission  shall  determine 
the  just,  reasonable,  proper,  adequate  and  efficient  rules,  regula- 
tions, practices,  equipment,  facilities  and  service  to  be  thereafter 
installed,  observed  and  used,  and  fix  the  same  by  order  or  rule 
as  hereinafter  provided.     Same,  sec.  55. 

Whenever  commission  shall  find,  after  such  hearing,  that 
the  rules,  regulations  or  practices  of  any  wharfinger  or  warehouse- 
man are  unjust  or  unreasonable,  or  that  the  equipment,  facilities 
or  service  of  any  wharfinger  or  warehouseman  are  inadequate, 

2411  inefficient,  improper,  insufficient  or  unsafe,  commission  shall 
determine  the  just,  reasonable,  proper,  adequate,  efficient  and 
safe  rules,  regulations,  practices,  equipment,  facilities  and  serv- 
ice to  be  thereafter  installed,  observed  and  used,  and  fix  the 
same  by  order  of  commission  as  hereinafter  provided.  Same, 
sec.  §6. 

Commission  may  provide  by  proper  rules  and  regulations 
the  time  within  which  all  railroads  shall  furnish,  after  demand 
therefor,  all  cars,  equipment  and  facilities  for  the  handling  of 
freight  in  carload  and  less  than  carload  lots,  and  receiving, 
gathering  and  transporting,  after  demand,  of  all  express  packages 
and  the  delivery  thereof  at  destination,  the  distance  that  freight 
shall  be  transported  each  day  after  receipt,  the  time  within  which 

2412  consignors  or  persons  ordering  cars  shall  load  the  same,  and  the 
time  within  which  consignee  and  persons  to  whom  freight  may 
be  consigned  shall  unload  and  discharge  the  same  and  receive 

613 


freight  from  the  freight  rooms,  and  provide  the  penalties  to  be 
paid  to  consignors  and  consignees  for  delays  on  the  part  of  rail- 
roads to  conform  to  such  rules,  and  prescribe  the  penalty  to  be 
paid  by  consignors  and  consignees  to  railroads  for  failure  to 
observe  such  rules.     Same,  sec.  59. 

Commission  shall  adopt,  promulgate  and  issue  rules  and 
regulations  covering  the  bulletining  of  trains,  showing  the  time 
of  arrival  and  departure  of  all  trains,  and  the  probable  arrival 
and  departure  of  delayed  trains;  the  conditions  to  be  contained 
in  and  become  a  part  of  contracts  for  transportation  of  persons 
and  property,  transmission  and  delivery  of  messages  and  con- 
versations, and  the  furnishing  and  supply  of  gas,  electricity  and 
water,  and  any  and  all  services  concerning  the  same,  or  connected 
therewith;  the  time  that  station  rooms  and  offices  shall  be  kept 
open;  rules  governing  demurrage  and  reciprocal  demurrage,  and 
provide  reasonable  penalties  to  expedite  the  prompt  movement 
of  freight  and  release  of  cars,  and  generally  such  rules  as  pertain 
to  the  comfort  and  convenience  of  the  public  concerning  the 
subjects  treated  of  in  this  act.  Such  rules  and  regulations  shall 
be  promulgated  and  issued  by  commission  on  its  own  motion, 
8413  and  shall  be  served  on  the  public  service  company  affected  there- 
by as  other  orders  of  conmission  are  served.  Any  public  service 
company  affected  thereby,  and  deeming  such  rules  and  regula- 
tions, or  any  of  them,  improper,  unjust,  unreasonable,  or  con- 
trary to  law,  may  within  20  days  from  the  date  of  service  of  such 
order  upon  it  file  objections  thereto  with  commission,  specifying 
the  particular  grounds  of  such  objections.  Commission  shall, 
upon  receipt  of  such  objections,  fix  a  time  and  place  for  hearing 
the  same,  and  after  a  full  hearing  may  make  such  changes  or 
modifications  thereto,  if  any,  as  the  evidence  may  justify.  Com- 
mission may  adopt  rules  to  govern  its  proceedings,  and  regulate 
the  mode  and  manner  of  all  investigations  and  hearings ;  provided, 
no  person  desiring  to  be  present  at  such  hearing  shall  be  denied 
permission.  Actions  may  be  instituted  to  review  rules  and  regu- 
lations promulgated  under  this  section  as  in  the  case  of  orders 
of  commission.     Same,  sec.  85. 

See  also  pars.  1044,  24g2,  2536,  2606. 

WISCONSIN  If  upon  such  investigation  it  shall  be  foimd  that 

any  regulation,  meastirement,  practice,  act  or  service  complained 
of  is  unjust,  unreasonable,  insufficient,  preferential,  unjustly  dis- 
criminatory or  otherwise  in  violation  of  any  of  the  provisions  of 
this  act,  or  if  it  be  found  that  any  service  is  inadequate  or  that 


614 


I 


2414  any  reasonable  service  cannot  be  obtained,  commission  may  sub- 
stitute therefor  such  other  regulations,  measurements,  practices, 
service  or  acts  and  make  such  order  respecting,  and  such  changes 
in  such  regulations,  measurements,  practices,  service  or  acts  as 
shall  be  just  and  reasonable.  Laws  igoj,  ch.  4Qg,  sec.  lygjm- 
46{2). 

Whenever  commission  shall  believe  that  any  service  is  in- 
adequate or  cannot  be  obtained  or  that  an  investigation  of  any 

2415  matter  relating  to  any  public  utility  should  for  any  reason  be 
made,  commission  may  on  its  own  motion  simmiarily  investigate 
the  same  with  or  without  notice.     Same,  sec.  ijgym-4g. 

Whenever,  upon  an  investigation  made  under  the  provisions 
of  this  act,  commission  shall  find  any  regulations,  measurements, 
practices,  acts  or  service  to  be  unjust,  unreasonable,  insufficient, 
preferential,  unjustly  discriminatory  or  otherwise  in  violation  of 
any  of  the  provisions  of  this  act ;  or  shall  find  that  any  service  is 
inadequate  or  that  any  service  which  can  be  reasonably  demanded 
cannot  be  obtained,  commission  shall  determine  and  declare  and 

2416  by  order  fix  reasonable  measurements,  regulations,  acts,  prac- 
tices or  service  to  be  furnished,  imposed,  observed  and  followed 
in  the  future  in  lieu  of  those  found  to  be  unjust,  unreasonable,  in- 
sufficient, preferential,  imjustly  discriminatory,  inadequate  or 
otherwise  in  violation  of  this  act  as  the  case  may  be,  and  shall 
make  such  other  order  respecting  such  measurement,  regulation, 
act,  practice  or  service  as  shall  be  just  and  reasonable.  Same, 
sec.  iyg'jm-6o{2). 

See  also  pars.  131 1,  24gj,  2537. 

I.  REPAIRS,  CONSTRUCTION,  RECONSTRUC- 
TION, ADDITIONS  AND  OTHER  PROPERTY 
CHANGES.^ 

I.     Utilities  other  than  Railroads  and  Common  Carriers. 

ARIZONA,  CALIFORNIA 

Whenever  commission,  after  a  hearing  had 
upon  its  own  motion  or  upon  complaint,  shall  find  that  addi- 
tions, extensions,  repairs  or  improvements  to,  or  changes  in,  the 
existing  plant,  equipment,  apparatus,  facilities  or  other  physical 
property  of  any  public  utility  ^  or  of  any  two  or  more  public 
utilities  ^  ought  reasonably  to  be  made,  or  that  a  new  structure 
or  structures  should  be  erected,  to  promote  the  security  or  con- 

*  See  also  pars.  2562-2613. 

2 "Public  service  corporation,"  in  Arizona, 

6XS  • 


2417  venience  of  its  employes  or  the  public,  or  in  any  other  way  to 
secure  adequate  service  or  facilities,  commission  shall  make  and 
serve  an  order  directing  that  such  additions,  extensions,  repairs, 
improvements  or  changes  be  made  or  such  structure  or  structures 
be  erected  in  the  manner  and  within  the  time  specified  in  said 
order.  If  commission  orders  the  erection  of  a  new  structure,  it 
may  also  fix  the  site  thereof.  Ariz. — Sess.  Laws  igi2,  ch.  go, 
sec.  j6;  Cat. — Stats,  igii,  ist.  ex.  sess.,  ch.  14,  sec.  36. 

If  any  additions,  extensions,  repairs,  improvements,  or 
changes,  or  any  new  structtire  or  structures  which  commission 
has  ordered  to  be  erected,  require  joint  action  by  two  or  more 
public  utilities  ^  commission  shall  notify  the  said  public  utilities  ^ 
that  such  additions,  extensions,  repairs,  improvements  or  changes 
or  new  structure  or  structures  have  been  ordered  and  that  the 
same  shall  be  made  at  their  joint  cost,  whereupon  the  said  public 
utilities^  shaU  have  such  reasonable  time  as  commission  may 
grant  within  which  to  agree  upon  the  portion  or  division  of  cost 

2418  of  such  additions,  extensions,  repairs,  improvements  or  changes 
or  new  structure  or  structures,  which  each  shall  bear.  If  at  the 
expiration  of  such  time  such  public  utihties  ^  shall  fail  to  file  with 
commission  a  statement  that  an  agreement  has  been  made  for 
division  or  apportionment  of  the  cost  of  expense  of  such  addi- 
tions, extensions,  repairs,  improvements  or  changes,  or  new  struc- 
ture or  structures,  commission  may,  after  further  hearing,  make 
an  order  fixing  the  proportion  of  such  cost  or  expense  to  be  borne 
by  each  public  utility^  and  the  manner  in  which  the  same  shall 
be  paid  or  secured.     Same. 

See  also  pars.  2j8i,  2j8^. 

CONNECTICUT  Any  town,  city  or  borough  within  which  or 

between  which  and  any  other  town,  city,  or  borough  in  this  state, 
any  public  service  company  is  furnishing  service,  or  any  ten  pa- 
trons of  any  such  company,  may  bring  a  written  petition  to  com- 
mission alleging  that  the  plant  or  equipment  of  such  company  is 
inadequate  or  unsuited  to  the  public  need.  Thereupon  commis- 
sion shall  fix  a  time  and  place  for  a  hearing  upon  such  petition, 
and  shall  mail  notice  thereof  to  the  parties  in  interest  and  give 

2419  due  public  notice  thereof  at  least  one  week  prior  to  such  hearing. 
Upon  said  hearing  commission  may,  if  it  finds  such  plant  or  eqmp- 
ment  to  be  inadequate  or  unsuited  to  the  public  need,  order 
and  prescribe  such  plant  or  equipment  as  shall  be  adequate  and 
smtable,  and  fix  a  time  within  which  said  company  shall  con- 

>  'Public  service  corporation,"  in  Arizona. 
*  616 


struct  such  plant  or  obtain  such  equipment.  It  shall  thereupon 
be  the  duty  of  such  company  to  construct  such  plant  or  obtain 
such  equipment  within  the  time  so  fixed.  Puh,  Acts  igii,  ch. 
128,  sec.  22. 

Whenever  any  resident  of  any  town  who  owns  and  occupies 
real  estate  within  such  town,  and  within  which  town  any  tele- 
phone company  is  now  operating  or  shall  hereafter  operate  a 
telephone  line,  located  not  to  exceed  three-quarters  of  one  mile, 
measured  along  a  highway,  distant  from  the  real  estate  of  such 
resident,  shall  present  to  such  company  a  written  petition,  signed 
by  20  residents  of  such  town  who  are  subscribers  to  the  telephone 
service  of  such  company,  requesting  an  extension  of  the  service 

2420  line  of  such  company  and  the  installation  of  a  specified  telephone 
service  upon  his  premises,  and  shall  obligate  himself,  with  suffi- 
cient security  for  the  performance  of  such  obligation,  to  use  and 
pay  for  said  service  for  a  period  of  five  years  thereafter,  such  com- 
pany shall,  within  60  days  thereafter,  extend  its  service  line  and 
install  upon  the  premises  of  such  petitioner  a  telephone  equip- 
ment similar  to  the  equipment  furnished  subscribers  for  the  same 
class  as  such  petitioner,  and  for  the  same  rate  charged  for  such 
service  within  such  town.     Pub.  Acts  1911,  ch.  2y6,  sec.  i. 

If  such  company  shall  refuse  or  neglect  to  so  extend  its  serv- 
ice line  and  install  such  telephone  service,  the  petitioner  may 
prefer  his  complaint  to  the  superior  coiu*t  for  the  county  within 
which  such  petitioner  resides,  alleging  such  refusal  or  neglect  and 
summoning  such  company  to  appear  before  said  cotirt  to  answer 
the  allegations  of  said  complaint.     If  said  cotirt  shall  find  that 

2421  the  cost  of  extending  the  lines  of  such  company  and  installing  a 
telephone  equipment  as  specified  in  such  petition  is  not  excessive 
in  proportion  to  such  company's  published  rate  charged  for  the 
class  of  service  requested  by  the  petitioner,  said  coiirt  shall  order 
such  company  to  extend  its  service  line  and  install  the  equipment 
requested  by  such  petitioner,  and  may,  in  its  discretion,  tax  costs 
against  either  party,  and  make  such  orders  concerning  the  matter 
as  said  court  deems  just.     Same,  sec.  2. 

GEORGIA  See  par.  2440. 

KANSAS  See  pars.  265,  919. 

LOUISIANA  See  par.  2316. 

MARYLAND  Commission  may  order  such  improvements  as 

win  best  promote  the  public  interest,  preserve  the  public  health 
and  protect  those  using  gas  or  electricity  and  those  employed  in 

617 


S4aa  the  maniifacture  and  distribution  thereof,  or  in  the  maintenance 
and  operation  of  the  works,  wires,  poles,  Hnes,  conduits,  ducts 
and  systems  in  connection  therewith.      Laws  igio,  ch.  i8o,  sec. 

Commission  shall  investigate  and  ascertain,  from  time  to 
time,  the  service  supplied  by  such  persons  and  corporations ;  shall 
examine  all  the  methods  employed  by  such  persons  and  corpora- 
tions supplying  facilities  for  the  transmission  of  intelligence  by 

2423  electricity,  and  may  order  such  improvements  as  will  best  promote 
the  public  interest  and  protect  those  using  telephones  and  those 
employed  in  the  business  thereof  or  in  the  maintenance  and  oper- 
ation of  the  works,  wires,  poles,  lines  and  conduits  maintained 
therein.     Same,  sec.  39(2). 

Commission  shall  require  that  every  telephone '  company 
furnish  to  its  patrons  reasonably  good  and  adequate  service  in  all 
respects.  If  in  the  judgment  of  commission  repairs  or  im- 
provements to  or  changes  in  any  telegraph  or  telephone  line,  ap- 
■  paratus,  machinery,  equipment  or  facilities,  or  any  other  prop- 
erty, used  by  any  telegraph  company  or  telephone  company  in 
connection  with  telegraphic  or  telephonic  communication  ought 
reasonably  to  be  made,  or  any  additions  or  alterations  are  neces- 

2424  sary  in  order  to  promote  the  security  or  convenience  of  the  public 
or  employes,  or  in  order  to  secure  adequate  service  or  facilities 
for  telegraphic  or  telephonic  commimications,  commission  shall, 
after  a  hearing  either  on  its  own  motion  or  after  complaint,  make 

.  and  serve  an  order  directing  such  repairs,  improvements,  changes, 
additions  or  alterations,  to  be  made  within  a  reasonable  time  and 
in  a  manner  to  be  specified  therein,  and  every  telegraph  and 
telephone  company  is  hereby  directed  to  make  all  repairs,  im- 
provements, changes,  additions  or  alterations  required  of  it  by 
any  order  of  commission  served  upon  it.  Same,  sec.  40. 
See  also  par.  g28. 

MICHIGAN  Commission  may  inspect  and  examine  all  such 

electrical  apparatus  already  installed  in  any  public  highways, 
streets  or  places,  and  all  such  apparatus  hereafter  installed,  and 
investigate  from  time  to  time  the  method  employed  by  persons, 
firms,  or  corporations  transmitting  and  supplying  electricity,  and 

2426  may  order  such  improvements  in  such  method  as  it  shall  be  neces- 
sary to  secure  good  service  and  the  safety  of  the  public  and  of 
those  employed  in  the  business  of  transmitting  and  distributing 
such  electricity,  and  of  any  persons  liable  to  be  injured  by  the 

6x8 


erection,  maintenance  and  use  of  such  apparatus.     Pub.  Acts 
igog,  no.  io6,  sec.  5. 
See  also  par.  11 88. 

NEVADA  See  par.  2451. 

NEW  HAMPSHIRE  See  par.  2480. 

NEW  JERSEY  Commission  may,  after  hearing,  upon  notice, 

by  order  in  writing,  require  every  pubHc  utiHty  as  herein  defined, 
to  estabHsh,  construct,  maintain  and  operate  any  reasonable  ex- 
tension of  its  existing  facihties,  where,  in  the  judgment  of  said 
commission  such  extension  is  reasonable  and  practicable  and  will 

2426  furnish  sufficient  business  to  justify  the  construction  and  main- 
tenance of  the  same,  and  when  the  financial  condition  of  the  said 
public  utility  reasonably  warrants  the  original  expenditure  re- 
quired in  making  and  operating  such  extension.  Laws  igii,  ch. 
igj,  sec.  12(c). 

NEW  YORK  Whenever   commission   shall   be   of   opinion, 

after  a  hearing  had  upon  its  own  motion  or  upon  complaint,  that 
the  property,  equipment  or  appliances  of  any  gas  or  electric 
corporation  are  unsafe,  inefficient  or  inadequate,   commission 

2427  shall  determine  and  prescribe  the  safe,  efficient  and  adequate 
property,  equipment  and  appliances  thereafter  to  be  used,  main- 
tained and  operated  for  the  security  and  accommodation  of  the 
public  and  in  compliance  with  the  provisions  of  law  and  of  their 
franchises  and  charters.     Laws  igio,  ch.  480,  sec.  66{j). 

Whenever  commission  shall  be  of  opinion,  after  a  hearing  had 
upon  its  own  motion,  or  upon  a  complaint,  that  repairs  or  im- 
provements to  or  changes  in  any  telegraph  or  any  telephone  line 
ought  reasonably  to  be  made,  or  that  any  additions  should  reason- 
ably be  made  thereto,  in  order  to  promote  the  convenience  of  the 
public  or  employes,  or  in  order  to  secure  adequate  service  or  f  acili- 

2428  ties  for  telegraphic  or  telephonic  communications,  commission 
shall  make  and  serve  an  order  directing  that  such  repairs,  im- 
provements, changes  or  additions  be  made  within  a  reasonable 
time  and  in  a  manner  to  be  specified  therein  and  every  telegraph 
and  telephone  corporation  is  hereby  required  and  directed  to 
make  all  repairs,  improvements,  changes  and  additions  required 
of  it  by  any  order  of  commission  served  upon  it.     Same,  sec.  g8. 

See  also  pars,  ggj,  248 j. 

OHIO  Whenever  commission  shall  be  of  the  opinion, 

after  hearing  had,  as  in  this  act  provided,  or  upon  its  own  initia- 

619 


tive  or  complaint,  as  in  this  act  provided,  that  repairs,  or  improve- 
ments to  the  plant  or  equipment  of  any  public  utility,  should 
reasonably  be  made,  or  that  any  additions  thereto  should  reason- 
ably be  made,  in  order  to  promote  the  convenience  or  welfare  of 
the  public  or  of  employes,  or  in  order  to  secure  adequate  service 

2429  or  facilities,  commission  may  make  and  serve  an  appropriate 
order  with  respect  thereto,  directing  that  such  repairs,  improve- 
ments, changes  or  additions  be  made  within  a  reasonable  time, 
and  in  a  manner  to  be  specified  therein.  Every  such  public 
utility,  its  officers,  agents  and  official  employes  shall  obey  such 
order  and  make  such  repairs,  improvements,  changes  and  addi- 
tions required  of  such  public  utility  by  such  order.  Laws  igii, 
no.  325,  sec.  so. 

See  also  par.  1194. 

RHODE  ISLAND  Whenever  commission  shall  find  upon  hearing 
and  investigation  under  the  provisions  of  this  act,  either  on  its 
own  motion  or  upon  complaint  as  hereinbefore  provided,  that  the 
plant  or  equipment  of  any  public  utility  is  inadequate,  insufficient, 
or  unsuited  to  the  public  needs,  or  that  repairs,  improvements,  or 
changes  in  such  plant  or  equipment  ought  reasonably  to  be  made^ 

2430  or  that  an  addition  to,  alteration,  or  extension  of,  the  plant  or 
equipment  of  any  public  utility  ought  reasonably  to  be  made, 
commission  may  order  that  such  repairs,  improvements,  changes, 
additions,  alterations,  or  extensions  to  the  plant  or  equipment  be 
made  within  a  reasonable  time  and  in  a  manner  to  be  specified 
therein,  provided  that  any  such  order  shall  be  subject  to  the  right 
of  appeal.     Acts  igi2,  ch.  795,  sec.  50. 

SOUTH  DAKOTA  Commission  or  any  member  thereof  shall  make 
such  investigation  and  order  such  changes  and  betterments  and 

2431  improvements  in  telephone  lines  and  exchanges  as  may  be  deemed 
necessary  for  the  improvement  of  the  telephone  service  and  the 
convenience  of  the  public.     Sess.  Laws  igii,  ch.  218,  sec.  7. 

VERMONT  See  par.  351. 

WASHINGTON  Whenever  commission  shall  find  after  hearing 

had  upon  its  own  motion  or  upon  complaint,  that  repairs  or  im- 
provements to,  or  changes  in,  any  gas  plant,  electrical  plant  or 
water  system  ought  to  be  made,  or  that  any  additions  or  exten- 
sions should  reasonably  be  made  thereto,  in  order  to  promote  the 

2432  security  or  convenience  of  the  public  or  employes,  or  in  order  to 
secure  adequate  service  or  facilities  for  manufacturing,  distribut- 
ing, or  supplying  gas,  electricity,  or  water,  commission  may  enter 

620 


an  order  directing  that  such  reasonable  repairs,  improvements, 
changes,  additions  or  extensions  of  such  gas  plant,  electrical  plant 
or  water  system  b^  made.     Laws  igii,  ch.  iiy,  sec.  yo. 

Whenever  commission  shall  find,  after  a  hearing  had  on  its 
own  motion  or  upon  complaint,  that  repairs  or  improvements  to, 
or  changes  in,  any  telegraph  or  telephone  line  ought  reasonably  to 
be  made,  or  that  any  additions  or  extensions  should  reasonably  be 

2433  made  thereto  in  order  to  promote  the  security  or  convenience  of 
the  public  or  employes,  or  in  order  to  secure  adequate  service  or 
facilities  for  telegraphic  or  telephonic  communications,  commis- 
sion shall  make  and  serve  an  order  directing  that  such  repairs, 
improvements,  changes,  additions  or  extensions  be  made  in  the 
manner  to  be  specified  therein.     Same,  sec.  yi. 

Whenever  commission  shall  find,  after  hearing  had  upon  its 
own  motion  or  upon  complaint,  that  repairs  or  improvements  to, 
or  changes  in,  any  dock,  wharf  or  warehouse  ought  reasonably  to 
be  made,  or  that  any  additions  or  extensions  should  reasonably 

2434  be  made  thereto  in  order  to  promote  the  security  or  adequate  serv- 
ice or  facilities  for  the  receipt,  storage  or  handling  of  freight, 
commission  shall  make  and  serve  an  order  directing  that  such 
repairs,  improvements,  changes,  additions  or  extensions  shall  be 
made  in  the  manner  specified  therein.     Same,  sec.  J2. 

See  also  pars.  1182,  ii8j. 

2.  Railroads  and  other  Common  Carriers. 

ALABAMA  If  in  the  judgment  of  commission,  repairs  or 

improvements  to  or  changes  in  any  trains,  switches,  terminals  or* 
terminal  facilities,  motive  power,  or  any  other  property  or  device 
used  by  any  common  carrier,  railroad  or  street  railroad  corpora- 
tion, in  or  in  connection  with  the  transportation  of  passengers, 
freight  or  property,  ought  reasonably  to  be  made,  or  any  addi- 
tions should  reasonably  be  made  thereto,  in  order  to  promote  the 
security  or  convenience  of  the  public  or  employes,  or  in  order 

2435  to  secure  adequate  service  or  facilities  for  the  transportation  of 
passengers,  freight  or  property,  commission  shall,  after  a  hearing 
had  either  on  its  own  motion  or  after  complaint  filed,  make  and 
secure  an  order  directing  such  repairs,  improvements,  changes  or 
additions  to  be  made  within  a  reasonable  time  and  in  a  manner  to 
be  specified  therein,  and  every  common  carrier,  railroad  and 
street  railroad  corporation,  is  required  and  directed  to  make  all 
such  repairs,  improvements,  changes  and  additions  required  of  it 

621 


by  any  order  of  cormnission  served  on  it.  Acts  igoy,  sp.  sess., 
no.  77,  sec.  I. 

See  also  pars.  242,  yj6,  yji.  , 

CALIFORNIA  See  par.  2417. 

COLORADO  If,  in  the  judgment  of  commission,  after  a  care- 

ful personal  examination  and  investigation,  and  after  hearing,  or 
the  opportunity  for  hearing,  commission  shall  find  that  repairs, 
improvements,  or  increased  facilities  in  respect  to  roadbeds, 
trackage,  rolling  stock,  stations  and  depots,  yards,  terminal 
facilities,  switches,  signals,  or  any  other  element  of  the  service  of 
any  common  carrier,  shall  be  necessary  and  within  the  reasonable 
power  of  any  common  carrier  to  make,  or  adopt,  for  the  promo- 

2436  tion  of  the  security  of  persons  as  to  life  and  limb,  or  for  the  con- 
venience and  accommodations  of  the  public  in  the  shipping  and 
handling  of  property,  commission  shall  make  such  reasonable 
order  requiring  any  common  carrier  to  do  any  such  thing  deemed 
by  commission  to  be  proper  in  respect  to  such  matters,  within 
a  reasonable  time  to  be  fixed  by  commission,  as  to  them  shall  seem 
so  necessary  and  so  within  such  reasonable  power  of  such  com- 
mon carrier;  and  the  orders  of  commission  in  such  respect  shall 
be  enforced  by  the  proper  writs  and  orders  of  courts  of  competent 
jurisdiction.     Laws  iQio,  sp.  sess.,  ch.  5,  sec.  27.  . 

CONNECTICUT  Commission,  subject  to  the  right  of  appeal,  as 

provided  in  section  3834,^  shall  have  exclusive  jurisdiction  and 
direction  over  the  method  of  construction  or  reconstruction  in 
whole  or  in  part  of  every  street  railway  in  the  state,  the  power  of 
designing  the  kind  and  quality  of  track  to  be  used  and  the  method 
of  laying  the  same,  the  kind,  quality  and  finish  of  all  material, 

2437  tracks,  wires,  poles,  conductors,  fixtures  and  structures  to  be  used 
in  such  construction,  and  the  method  and  manner  of  applying 
motive  power,  and  may  make  all  orders  necessary  to  the  exercise 
of  such  power  and  direction,  which  orders  shall  be  in  writing  and 
recorded  in  the  records  of  commission.  Every  company  oper- 
ating any  street  railway  shall,  at  its  own  expense,  comply  with 
and  carry  out  such  orders.    Gen.  Stats.  igo2,  sec.  38 jo. 

Commission  may  at  any  time  and  on  the  complaint  in  writ- 
ing of  five  stockholders  or  creditors  of  any  railroad  assigning  suf- 
ficient reason  shall  examine  the  railroad  of  such  company  and  all 
its  appurtenances,  engines,  and  cars,  and  its  by-laws  and  rules; 

2438  and  in  such  examination  shall  pass  over  the  road  at  a  rate  not 

>  Appeal  to  superior  court. 

622 


exceeding  six  miles  an  hour,  shall  stop  at  each  culvert,  bridge  and 
piling,  and  examine  the  same,  and  shall  examine  the  rails  and  ties 
in  every  mile,  after  notifying  the  company  in  writing  of  the  time 
of  such  examination.  They  shall  notify  the  company  to  make 
all  repairs  required  within  a  time  limited.     Same,  sec.  3884. 

FLORIDA  Commissioners  may  require  any  railroad,  rail- 

road company  or  common  carrier  to  properly  operate  its  railroad 
or  transportation  line  and  to  furnish  all  the  necessary  facilities 

2439  for  the  convenient  and  prompt  handling,  transportation  and  de- 
livery of  all  freights  offered  along  its  line  for  transportation. 
Gen.  Stats.  igo6,  sec.  28g6. 

GEORGIA  Commission  shall  require  all  common  carriers 

and  other  public  service  companies  under  their  supervision  to  es- 

2440  tablish  and  maintain  such  public  service  and  facilities  as  may  be 
reasonable  and  just,  either  by  general  rules  or  by  special  orders  in 
particular  cases.     Code  1911,  sec.  2663. 

ILLINOIS  See  par.  j/j. 

• 

INDIANA  Whenever  commission  shall  secure  reliable  in- 

formation or  complaint  shall  have  been  made,  or,  because  of  re- 
ports made  by  its  inspectors,  shall  have  reason  to  believe  that  any 
carrier  does  not  keep  its  road  or  equipment  in  proper  condition 
and  repair  for  the  security  of  its  employes  or  the  public,  or  that 
any  carrier  does  not  maintain  adequate  and  suitable  depots, 
buildings,  platforms,  switches,  and  side  tracks  for  passengers  and 
for  the  receiving,  protecting,  handling,  forwarding  and  delivery 
of  all  freight  offered  for  shipment  or  received  at  said  stations,  or 
that  there  is  a  dangerous  defect  in  connection  with  the  operation 
of  any  railroad  or  in  any  railroad  bridge,  culvert,  curve,  embank- 
ment, water  tank,  crane,  frog,  railroad  or  wagon  road  crossing, 
ties  or  tracks,  motive  power,  stations,  rolling  stock,  machinery 
or  in  any  roadbed  or  ground  used  in  connection  with  the  operation 
of  any  railroad  or  any  dangerous  neglect  or  fault  in  the  construc- 
tion, equipment  or  management  of  any  railroad.  Commission 
shall  cause  such  investigation  to  be  made  as  it  may  deem  neces- 
sary, and  when  such  investigation  shall  have  been  made,  said 

2441  commission  shall  make  a  report  to  the  manager  or  superintendent 
of  the  railroad  company.  In  said  report  and  recommendations, 
commission  shall  make  an  accurate  statement  of  the  time  such 
examination  was  made,  of  the  exact  location,  character  and  ex- 
tent of  such  defects  or  omissions,   if  any  such  shall  have  been 

623 


found,  and  shall  also  recommend  such  reasonable  changes  and 
improvements,  additions,  buildings  and  accommodations,  as  are, 
in  the  opinion  of  commission  necessary  to  remedy  such  faults, 
neglects,  requirements  or  defects.  Such  recommendations  shall 
set  out  specifically  a  reasonable  time  within  which  such  improve- 
ments or  changes  or  additions,  shall  be  made  by  the  railroad  com- 
pany. And  if  they  are  not  so  made  within  said  time  so  specified, 
then  commission  if  it  deem  it  best  to  do  so,  may  commence  pro- 
ceedings by  mandamus,  or  other  remedy,  in  some  circuit  or  su- 
perior court  having  jurisdiction  of  the  carrier  to  enforce  compli- 
ance with  its  order.  All  courts  shall  give  preference  to  such 
cases  and  shall  hear  and  determine  the  same  speedily  to  the  end 
that  the  public  interests  may  not  suffer.     Acts  igii,  ch.  y6,  sec. 

lib). 


IOWA  When  in  judgment  of  commission  any  repairs 

are  necessary  upon  its  road,  or  any  addition  to  its  rolling  stock, 
or  addition  to  or  change  in  its  stations  or  station  houses,  or  the 
equipment  thereof  for  the  health  and  convenience  of  the  public,  or 
change  in  its  rate  of  fare  for  transporting  freight  or  passengers, 
or  change  in  the  mode  of  operating  its  road  or  conducting  its 
business,  is  reasonable  and  expedient  in  order  to  promote  the 
security,  convenience,  and  accommodation  of  the  public,  com- 

2442  mission  shall  serve  a  notice  upon  such  corporation,  in  the  man- 
ner provided  for  the  service  of  an  original  notice  in  a  civil 
action,  which  notice  shall  be  signed  by  its  secretary,  of  the 
improvements  and  changes  which  it  finds  to  be  proper;  and 
a  report  of  such  proceedings  shall  be  included  in  its  annual  report 
to  the  governor,  as  provided  in  section  2 114;  but  nothing  in 
this  section  shall  be  so  construed  as  relieving  any  railroad  com- 
pany from  its  present  responsibility  or  liability  for  damage  to 
person  or  property.    Code  iSg^,  sec.  21  ij. 

KANSAS  Whenever  in  the  judgment  of  commission,  it 

shall  appear  that  any  repairs  are  necessary  upon  its  road,  or  any 
addition  to  its  rolling-stock,  or  any  addition  to  or  change  of  its 
stations  or  station  houses,  or  any  change  in  its  rates  for  trans- 
porting passengers  or  freight,  or  any  change  in  the  mode  of 
operating  its  road  and  conducting  its  business,  is  reasonable  and 
expedient  in  order  to  promote  the  security,  convenience  and 

2443  accommodation  of  the  public,  said  commission  shall  inform  such 
corporations  of  the  improvement  and  changes  which  it  deems  to  be 
proper  by  a  notice  thereof  in  writing,  which  notice  shall  state  the 

624 


time  within  which  said  improvements  or  changes  are  required  to 
be  made ;  and  if  such  orders  are  not  complied  with  within  the  time 
stated  in  said  notice,  the  attorney  for  commission  shall  forth- 
with file  with  the  commission  a  complaint  in  writing,  praying  for 
an  investigation  of  said  matter.  Gen.  Stats.  igoQ,  sec.  yi88. 
See  also  par.  26^. 

KIENTUCKY  Whenever  in   the  judgment   of    commission, 

after  a  personal  examination  of  the  same  it  shall  appear  that  re- 
pairs are  necessary  upon  any  railroad,  or  when,  from  complaint 
made  or  its  knowledge  it  shall  have  reason  to  believe  that  the 
tracks,  bridges,  tunnels  or  other  structures  of  any  company  are 
in  an  unsafe  or  dangerous  condition,  or  unfit  for  public  travel,  or 
that  any  additions  to,  improvements  or  changes  in,  the  stations  or 
terminal  facilities  are  needed  for  the  convenience  and  security  of 

2144  the  public,  commission  shall  give  notice  in  writing  to  the  company 
owning  or  operating  such  road  of  the  repairs,  improvements  or 
changes  it  deems  proper  and  necessar}^  and  shall  afford  such  cor- 
poration an  opportunity  to  be  heard  in  reference  thereto;  and  if 
the  company  shall  neglect  or  refuse  to  make  such  repairs,  im- 
provements, or  changes  within  a  reasonable  time  after  such  hear- 
ing, commission  shall  lay  the  facts  before  the  attorney  general  for 
his  action  and  shall  report  the  same  fully  to  the  next  legislature. 
CarrolVs  Stats,  igog,  sec.  8jo. 

MAINE  A  majority  of  commission  or  one  member 

thereof  annually  between  the  first  of  April  and  October  and  at  any 
other  time  on  application  or  whenever  they  think  necessary  shall 
carefully  examine  the  tracks,  rolling  stock,  bridges,  viaducts  and 
culverts  of  all  railroads;  and  shall  annually  in  December  make  a 

2446  report  to  the  governor  of  their  official  doings,  therein  stating  the 
condition  of  the  road  and  rolling  stock,  with  such  facts  as  they 
deem  of  public  interest  or  which  he  may  require;  and  all  persons 
managing  railroads  shall  give  commission  such  information  as 
they  at  any  time  require.    Rev.  Stats.  1903,  ch.  51,  sec.  50. 

MARYLAND  Provision    substantially    identical    with    par. 

2435,  except  "repairs  or  improvements  to  or  changes  in  any 
trains,  switches,  terminals  or  terminal  facilities,  motive  power,  or 
any  other  property  or  device"  reads  "repairs  or  improvements  to 

2446  or  changes  in  any  tracks,  switches,  terminals  or  terminal  facilities, 
stations,  motive  power,  or  any  other  property,  construction 
apparatus,  equipments,  facilities  or  device."  Laws  igio,  ch. 
180,  sec.  2j. 

625 


If  in  the  judgment  of  commission  any  common  carrier,  rail- 
road or  street  railroad  corporation  does  not  possess  or  operate  mo- 
tive power  enough  reasonably  to  accommodate  the  traffic,  passen- 

2447  ger  and  freight  transported  by  or  offered  for  transportation  to  it, 
commission  may  after  hearing,  either  on  its  own  motion  or  after 
complaint,  make  an  order  directing  any  such  railroad  or  street 
railroad  corporation  to  increase  the  number  of  its  motive  power. 
Same,  sec.  24. 

MASSACHUSETTS  Railroad  and  street  railway  inspectors  shall, 
under  the  direction  of  commission,  examine  the  roadbed,  tracks, 
crossings,  stations,  rolling  stock,  machinery,  equipments,  appli- 
ances and  grounds  used  in  or  in  connection  with  the  operation  of 
railroads  or  street  railways;  and  if  they  are  considered  by  an 
inspector  not  to  be  in  compliance  with  the  requirements  of  law, 

2448  or  to  be  in  such  condition  as  to  endanger  the  safety  of  the  public 
or  of  employes,  he  shall  so  report  in  writing  to  commission,  which, 
if  it  considers  it  necessary,  shall  give  notice  to  the  corporation  or 
company,  or  to  the  persons  who  own  or  operate  the  railroad  or 
street  railway,  of  such  failure  to  comply  with  the  requirements  of 
the  law  or  of  such  defects,  with  such  recommendation  as  it  may 
consider  necessary  or  proper.     Acts  igo6,  ch.  463,  pt.  i,  sec.  56. 

If,  in  the  opinion  of  commission,  additional  accommodations 
for  the  traveling  public  are  required  upon  any  street  railway,  it 
may,  after  due  notice  to  the  company  and  a  hearing,  make  an 
order  requiring  such  additional  accommodations  as  it  determines 
are  just,  and  may  alter,  renew  or  revoke  the  order.     A  street  rail- 

2449  way  company  which,  for  more  than  one  week  after  receiving 
notice  in  writing  of  such  order,  neglects  to  comply  therewith,  shall 
forfeit  to  the  use  of  the  city  or  town  for  which  such  additional 
accommodations  are  ordered,  or  if  they  are  ordered  for  more  than 
one  city  or  town,  to  the  use  equally  of  such  cities  or  towns,  $100 
for  each  day  thereafter  during  which  such  neglect  continues. 
Acts  igo6,  ch.  463,  pt.  in,  sec.  gy. 

See  also  pars.  75^,  ydi. 

MICHIGAN  Upon  the  filing  of  complaint  with  commission 

and  hearing  thereon,  commission  is  authorized  to  make  full 
inquiry  in  the  matter  of  station  facilities,  train  service,  name  of 
station,  etc.,  at  the  station  in  question,  and  make  such  orders  in 

2450  regard  to  the  building  of  depots,  interurban  railway  shelters, 
name  of  station,  stopping  of  trains  or  cars,  necessary  sidings  and 
other  track  accommodations  as  it  shall  deem  for  the  public  in- 

626 


terest  and  shall  be  just  and  reasonable.  Puh.  Acts  igog,  no.  300, 
sec.  isia). 

MINNESOTA  See  par.  380. 

NEVADA  Commission  may  also  investigate  the  physical 

condition  of  all  railroad  property  and  in  the  interests  of  safety 

S451  or  service  may  determine  and  order  repairs,  reinforcements  or 
reconstruction  of  property.  Stats,  igoy,  ch.  44,  sec.  7,  as  amended 
by  Stats,  igog,  ch.  121,  sec.  5. 

NEW  HAMPSHIRE  Whenever  commission  shall  be  of  the  opinion, 
after  a  hearing  had  upon  its  own  motion  or  upon  complaint,  that 
any  part  of  any  railroad  within  the  state,  reasonably  requires  alter- 
ation or  reconstruction  or  that  the  regulations,  practices,  equip- 
ment, appliances,  or  service  of  any  railroad  corporation  in  respect 
to  transportation  of  persons  or  property  within  the  state,  are  un- 
just, unreasonable,  unsafe,  improper  or  inadequate,  commission 
shall  notify  the  railroad  in  writing  of  its  opinion  and  recommenda- 
tions in  respect  thereto  and  shall  insert  in  its  next  report  to  the 
governor  and  council  an  account  of  its  proceedings  and  recom- 
mendations. If  the  railroad  shall  unreasonably  neglect  or  refuse 
to  adopt  the  recommendations  of  said  commission,  the  commis- 

8452  sion  may  make  an  order  as  hereinafter  prescribed  in  cases  affect- 
ing the  public  safety.  In  any  case  where  the  safety  of  the  public 
or  of  the  employes  of  such  railroad  is  concerned,  commission 
may  in  the  first  instance  determine  the  reconstruction  or  altera- 
tion reasonably  required  or  the  just,  reasonable,  safe,  adequate 
and  proper  regulations,  practices,  equipment,  appliances  and  serv- 
ice thereafter  to  be  in  force,  or  to  be  provided,  and  shall  fix  and 
prescribe  the  same  by  order  to  be  served  upon  every  railroad  cor- 
poration to  be  bound  thereby;  and  thereafter  it  shall  be  the  duty 
of  every  such  railroad  corporation  to  observe  and  obey  each  and 
every  reqtdrement  of  every  such  order  so  served  upon  it,  and  to  do 
everything  necessary  or  proper  in  order  to  secure  absolute  com- 
pliance with,  and  observance  of  every  such  order  by  all  of  its 
officers,  agents  and  employes.     Laws  igii,  ch.  164,  sec.  nib). 

NEW  YORK  If  in  the  judgment  of  commission,  additional 

tracks,  switches,  terminals  or  terminal  facilities,  stations,  motive 
power,  or  any  other  property,  construction,  apparatus,  equipment, 
facilities  or  device  for  use  by  any  common  carrier,  railroad  or 
street  railroad  corporation  in  or  in  connection  with  the  trans- 
portation of  passengers  or  property  ought  reasonably  to  be  pro- 
vided, or  any  repairs  or  improvements  to  or  changes  in  any  thereof 

627 


-^ 


in  use  ought  reasonably  to  be  made,  or  any  additions  or  changes 
in  construction  should  reasonably  be  made  thereto  in  order  to  pro- 

2453  mote  the  security  or  convenience  of  the  public  or  employes,  or  in 
order  to  secure  adequate  service  or  facilities  for  the  transporta- 
tion of  passengers  or  property,  commission  shall,  after  a  hearing 
either  on  its  own  motion  or  after  complaint,  make  and  serve  an 
order  directing  such  repairs,  improvements,  changes  or  additions 
to  be  made  within  a  reasonable  time  and  in  a  manner  to  be  speci- 
fied therein,  and  every  common  carrier,  railroad  and  street  rail- 
road corporation  is  hereby  required  and  directed  to  make  all 
repairs,  improvements,  changes  and  additions  required  of  it  by 
any  order  of  commission  served  upon  it.  Laws  igio,  ch.  480,  sec. 
50. 

If  any  repairs,  improvements,  changes  or  additions  which 
commission  has  determined  to  order  reqmre  joint  action  by  two 
or  more  of  said  corporations,  commission  shall,  before  entry  and 
service  of  order,  notify  the  said  corporations  that  such  repairs, 
improvements,  changes  or  additions  will  be  required  and  that  the 
same  shall  be  made  at  their  joint  cost,  and  thereupon  the  said 
corporations  shall  have  30  days  or  such  longer  time  as  commission 
may  grant  within  which  to  agree, upon  the  part  or  division  of  cost 

2454  of  such  repairs,  improvements,  changes  or  additions  which  each 
shall  bear.  If  at  the  expiration  of  such  time  such  corporations 
shall  fail  to  file  with  commission  a  statement  that  an  agreement 
has  been  made  for  a  division  or  apportionment  of  such  repairs,  im- 
provements, changes  or  additions  commission  may,  after  further 
hearing,  fix  in  its  order  the  proportion  of  such  cost,  or  expense  to 
be  borne  by  each  corporation  and  the  manner  in  which  the  same 
shall  be  paid  and  seciu-ed.  But  this  section  shall  not  be  construed 
to  authorize  commission  to  require  two  or  more  railroad  corpora- 
tions to  unite  in  the  erection  of  a  imion  station.     Same. 

2465  Also  a  provision  identical  with  par.  2447.    Same,  sec.  51. 

NORTH  CAROLINA  Commission  may  require  all  transportation 
and  transmission  companies  to  establish  and  maintain- all  such 

2456  public  service  facilities  and  conveniences  as  may  be  reasonable 
and  just.     PelVs  Revisal  igo8,  sec.  1066. 

OKLAHOMA  See  par.  843. 

PENNSYLVANIA         See  pars.  333,  763. 

SOUTH  CAROLINA  Whenever  in  the  judgment  of  commission,  it 
shall  appear  that  repairs  are  necessary  upon  any  railroad,  or  that 
any  addition  to  the  rolling  stock,  or  any  enlargement  of,  or  im- 

628 


provement  in,  the  stations  or  station  houses,  or  any  modification  in 
the  rates  of  fare  for  transporting  freight  or  passengers,  or  any 
change  in  the  mode  of  operating  the  road  and  conducting  its  busi- 
ness, is  reasonable  and  expedient  in  order  to  promote  the  security, 

2467  convenience  and  accommodation  of  the  pubHc,  it  shall  give  in- 
formation, in  writing,  to  the  corporation  of  the  improvements 
and  changes  which  it  adjudges  to  be  proper,  and  if  the  said  com- 
pany shall  fail,  within  60  days,  to  adopt  the  suggestions  of  com- 
mission, it  shall  take  such  legal  proceedings  as  it  may  deem 
expedient,  and  shall  have  authority  to  call  upon  the  attorney 
general  to  institute  and^ conduct  such  proceedings.  Gen.  Stats. 
igo2,  sec.  2o6g. 

Upon  the  complaint  and  application  of  the  mayor  and  alder- 
men or  council  of  any  city,  town  or  county  board  of  commissioners 
of  any  county  within  which  any  part  of  any  railroad  is  located, 
commission  shall  make  an  examination  of  the  condition  and 
operation  thereof.  Before  proceeding  to  make  such  examination 
in  accordance  with  such  application,  said  commission  shall  give 
to  the  applicants  and  the  railroad  corporation  reasonable  notice, 
in  writing  of  the  time  and  place  of  entering  upon  the  same.     If, 

2458  upon  such  examination,  it  shall  appear  to  commission  that  the 
complaint  alleged  by  the  applicant  is  well  founded,  it  shall  so 
adjudge,  and  shall  inform  the  corporation  operating  such  railroad 
of  its  adjudication,  and  the  company  failing  for  60  days  after  such 
notice  to  remove  the  cause .  of  such  complaint,  it  shall  make  re- 
port thereof  to  the  general  assembly  for  such  action  as  it  may 
deem  expedient ;  or  if  there  be  necessity  for  prompt  action,  it  may 
take  such  legal  proceedings  as  may  be  proper,  and  the  attorney 
general  shall  institute  and  conduct  such  proceedings.  Same, 
sec.  20J0. 

See  also  par.  jjy. 

SOUTH  DAKOTA  Commission  shall  from  time  to  time  carefully 
examine  and  inspect  the  conditions  of  each  common  carrier  in  the 
state,  and  of  its  equipment,  and  the  manner  of  its  conduct  and 
management,  with  reference  to  the  safety,  accommodation  and 
convenience  of  the  pubHc.  And  if  any  bridge,  line,  wire,  facility 
or  structure  shall  be  deemed  unsafe  by  commission  it  shall  notify 
the  common  carrier  immediately,  and  it  shall  be  the  duty  of  said 
common  carrier  to  repair,  or  replace  said  bridge,  line,  wire, 
facility  or  structure,  in  such  manner  and  of  such  material  and 
within  such  time  as  said  commission  may  order.     Whenever  in 

«469  the  judgment  of  commission,  it  shall  appear  that  any  repairs  are 

629 


necessary  upon  its  road,  or  facilities,  or  any  addition  to  its  rolling 
stock,  or  any  stations  or  any  additions  to  or  change  of  its  stations 
or  station  houses  or  any  change  in  its  rates  of  fare  transporting 
freight,  passengers,  express  or  messages,  or  any  change  in  the 
mode  of  operating  its  line  or  lines  or  conducting  its  business  is 
reasonable  and  expedient  in  order  to  promote  the  security,  con- 
venience and  accommodation  of  the  public,  commission  shall  in- 
form such  common  carrier  of  the  improvements  and  changes 
which  it  adjudges  to  be  proper,  by  notice  thereof  in  writing  and  a 
report  of  the  proceedings  shall  be  included  in  the  annual  report  of 
commission  to  the  legislatitre.      Sess.  Laws  iQii,  ch.  2oy,  sec.  2. 

TENNESSEE  See  par.  86g. 

TEXAS  Commission  shall  see  that  each  and  every  rail- 

road corporation,  shall  provide  and  equip  itself  with  siifficient 
motive  power  and  rolling  stock  or  other  equipment  necessary  to 
handle  all  passenger  and  freight  traffic  expeditiously  and  without 
delay.  Commission  may  require  of  such  common  carriers  the 
purchase  of  such  rolling  stock  and  motive  power  as  will  properly 
equip  such  common  carrier  and  facilitate  the  movement  of  all 
traffic,  passenger  and  freight,  and  that  will  supply  the  transporta- 
tion accommodations  which  such  common  carrier  offers  to  per- 
form as  an  inducement  to  the  public  to  travel  or  ship  via  the  lines 
of  such  railroad  company  or  common  carrier.  Commission  may 
also  approve  liens  or  mortgages  that  may  be  given  by  such  rail- 
road companies  and  common  carriers  to  secure  the  purchase  or 
lease  price  of  any  equipment  or  motive  power  which  may  be 

2460  deemed  by  commission  necessary  for  the  proper  discharge  of  its 
duty  as  a  common  carrier.  If  in  the  judgment  and  discretion  of 
commission  any  railroad  company  which  now  has  an  excessive 
issue  of  bonds  and  stocks  outstanding,  has  not  sufficient  passenger 
and  freight  eqmpment  and  motive  power  to  handle  the  passenger 
and  freight  business  of  such  common  carrier  and  railroad  com- 
pany, commission  shall,  after  not  less  than  five  days'  notice  and 
hearing,  issue  an  order  requiring  the  purchase  of  such  rolling  stock 
as  in  the  judgment  and  discretion  of  commission  may  be  deemed 
necessary  for  the  prompt,  expeditious  and  comfortable  trans- 
portation of  freight  and  passengers  over  the  line  of  such  railroad 
company  and  common  carrier,  and  in  such  case  commission  is 
authorized  to  -approve  contracts  or  liens  for  the  purpose  of  se- 
curing the  purchase  or  lease  price  of  such  rolling  stock,  motive 
power  and  equipment.     Laws  igoy,  ch.  155,  sec.  2. 

Any  railroad^company  or  common  carrier  failing  to  comply 

630 


with  these  provisions  or  to  obey  the  orders  of  commission  made  in 
pursuance  of  the  provisions  hereof  shall  be  deemed  guilty  of  an 
abuse  of  their  rights  and  privileges  and  upon  conviction  shall  be 
2461  subject  to  a  fine  of  $ioo,  for  a  violation  or  failure  to  comply 
with  any  order  and  each  day  that  such  railroad  company  or  com- 
mon carrier  neglects,  fails,  or  refuses  to  comply  with  such  orders 
shall  constitute  a  separate  offense.     Same,  sec.  j. 


VIRGINIA  If  any  railroad  or  other  transportation  com- 

pany, when  directed  by  a  valid  order  of  commission,  refuses  or 
fails  to  make  necessary  repairs  or  additions  to  its  rolling  stock,  or 
addition  or  improvement  to  its  equipment,  or  any  enlargement  of 
or  improvement   in  its  stations,    station  houses,   wharves,   or 

2462  landings,  or  any  change  in  the  mode  of  operating  its  road  or 
transportation  line,  or  in  conducting  its  business,  which  the  said 
commission  deems  reasonable  and  expedient  in  order  to  promote 
the  security,  convenience,  and  accommodation  of  the  public,  such 
company  shall,  in  the  discretion  of  commission,  be  fined  not 
less  than  $ioo  nor  more  than  $i,ooo.  Pollard's  Code  igo4,  sec. 
I2p4c{2y). 

Whenever  in  the  judgment  of  commission  it  shall  appear 
that  repairs  are  necessary  upon  any  railroad,  or  that  any  addition 
to  its  rolling  stock,  or  addition  or  improvement  in  the  equipment 
of  any  other  transportation  line,  or  any  enlargement  of  or  im- 
provement in  the  stations  or  station  houses,  waiting  rooms, 
wharves  or  landings,  or  any  change  in  the  mode  of  operating  the 
road,  or  other  transportation  line  and  conducting  its  business, 
is  reasonable  and  expedient  in  order  to  promote  the  security 
and  accommodation  of  the  public,  it  shall  give  ten  days'  notice  in 
writing  to  the  company  or  person  operating  the  road,  or  other 
transportation  line,  of  the  improvements  and  changes  which  it 

2463  adjudges  to  be  proper,  designating  when  and  where  the  contem- 
plated action  in  the  premises  will  be  considered  and  disposed  of, 
and  such  company  or  person  shall  be  afforded  a  reasonable  oppor- 
timity  to  introduce  witnesses  and  to  be  heard  thereon,  and  any 
such  company  or  person  failing  or  refusing  to  obey  any  valid 
order  or  requirement  of  commission  in  the  premises  within  such 
reasonable  time,  not  less  than  ten  days,  as  shall  be  fixed  in  the 
order  of  commission,  it  may  impose  upon  any  such  company  or 
person  the  fines  and  penalties  prescribed  by  the  constitution  and 
by  law  for  its  or  his  failure  to  obey  the  orders  and  requirements 
of  commission  and  the  requirements  of  the  law,  and  enforce  the 

631 


payments  and  collection  thereof  by  its  judgments  and  processes. 
Samey  sec.  ijija{2o). 
See  also  par.  883. 

WASHINGTON  Whenever  commission  shall,  after  a  hearing 

had  upon  its  own  motion  or  upon  complaint,  find  that  additional 
tracks,  switches,  terminals,  terminal  facilities,  stations,  motive 
power  or  any  other  property,  apparatus,  equipment,  facilities  or 
device  for  use  by  any  common  carrier  in  or  in  connection  with  the 
transportation  of  persons  or  property  ought  reasonably  to  be  pro- 
vided, or  any  repairs  or  improvements  to  or  changes  in  any  there- 

2464  tofore  in  use  ought  reasonably  to  be  made,  or  any  additions  or 
changes  in  construction  should  reasonably  be  made  thereto,  in 
order  to  promote  the  security  or  convenience  of  the  public  or 
employes,  or  in  order  to  secure  adequate  service  or  facilities  for 
the  transportation  of  passengers  or  property,  commission  may 
after  a  hearing  either  on  its  own  motion  or  after  complaint  make 
and  serve  an  order  directing  such  repairs,  improvements,  changes 
or  additions  to  be  made.     Laws  igii,  ch.  iiy,  sec.  64. 

See  also  par.  2408. 

J.   CHARACTER  AND   KIND   OF   SERVICE  AND 

SERVICE   STANDARDS. 
ARIZONA,  CALIFORNIA 

Commission  may,  after  hearing  had  upon  its 
own  motion  or  upon  complaint,  ascertain  and  fix  just  and  reason- 
able standards,  classifications,  regulations,  practices,  measiu-e- 
ments  or  service  to  be  furnished,  imposed,  observed  and  followed 
by  all  electrical,  gas  and  water  corporations;  ascertain  and  fix 
adequate  and  serviceable  standards  for  the  measurement  of  quan- 
tity, quality,  pressure,  initial  voltage  or  other  condition  pertaining 

2465  to  the  supply  of  the  product,  commodity  or  service  ftunished  or 
rendered  by  any  such  public  utility;^  prescribe  reasonable  regu- 
lations for  the  examination  and  testing  of  such  product,  commod- 
ity or  service  and  for  the  measurement  thereof;  establish  reason- 
able rules,  regulations,  specifications  and  standards  to  secure  the 
accuracy  of  all  meters  and  appliances  for  measiu-ements;  and 
provide  for  the  examination  and  testing  of  any  and  all  appliances 
used  for  the  measurement  of  any  product,  commodity  or  service 
of  any  such  public  utility.  Ariz. — Sess.  Laws  igi2,  ch.  go,  sec. 
46(a);  Cal. — Stats,  igii,  ist.  ex.  sess.,  ch.  14,  sec.  46(a). 

The  commissioners^  and  their  officers  and  employes  may 

»  "  Public  service  corporation,"  in  Arizona. 
2  "Commission,"  in  Arizona. 

632 


enter  upon  any  premises  occupied  by  any  public  utility/  for  the 
purpose  of  making  the  examinations  and  tests  and  exercising  any 
of  the  other  powers  provided  for  in  this  act,  and  set  up  and  use  on 

2466  such  premises  any  apparatus  and  appliances  necessary  therefor. 
The  agents  and  employes  of  such  public  utility  ^  shall  have  the 
right  to  be  present  at  the  making  of  such  examinations  and  tests. 
Same,  sec.  46(b). 

CONNECTICUT  Commission  may   fix   the   standard   of  illu- 

minating and  heating  power,  purity,  and  quality  of  gas,  fix  the 
initial  efficiency  of  electric  lamps  furnished  by  electric  companies, 

2467  and  investigate  and  make  orders  regarding  the  pressure  at  which 
gas,  and  the  voltage  at  which  electricity,  shall  be  distributed. 
Pub.  Acts  igii,  ch.  128,  sec.  ig. 

KANSAS  Commission  may  ascertain  and  prescribe  for 

each  kind  of  public  utility  stiitable  and  convenient  standard  com- 
mercial units  of  products  in  service.     These  shall  be  the  lawful 

2468  units  for  the  purposes  of  this  act.  It  shall  prescribe  reasonable 
regulations  for  examinations  and  testing  of  such  products  or  serv- 
ice and  for  the  measurement  thereof.  Laws  igii,  ch.  2j8, 
sec.  22. 

See  also  par.  24gy. 

MARYLAND  Commission   may  investigate   and   ascertain 

from  time  to  time,  the  quality  of  gas  supplied  by  persons  and  cor- 
porations, examine  the  methods  employed  by  such  persons,  cor- 

2469  porations,  in  manufacturing,  selling,  delivering  or  supplying  gas 
or  electricity  for  light,  heat,  or  power  and  in  transmitting  the 
same.     Laws  igio,  ch.  180,  sec.  31H. 

Commission  may  by  order  fix  the  standard  illimiinating 
power  and  ptirity  of  gas,  not  less  than  that  prescribed  by  law, 
both  natural  gas  and  gas  to  be  manufactured,  distributed  or  sold 
by  persons,  corporations,  for  lighting,  heating  or  power  purposes, 
and  prescribe  methods  of  regulation  of  the  electric  supply  system 
as  to  the  use  for  incandescent  lighting,  and  fix  the  initial  efficiency 
of  incandescent  lamps  furnished  by  the  persons,  corporations, 
generating  and  selling  electric  current  for  lighting,  and  by  order 
require  the  gas  so  manufactured,  distributed  or  sold  to  equal  the 
standards  so  fixed  by  it,  and  establish  regulations  as  to  pressure 

2470  at  which  gas  shall  be  delivered,  for  the  purpose  of  determining 
whether  the  gas  mantifactured,  distributed  or  sold  by  such  per- 
sons or  corporations  for  lighting,  heating  or  power  piu-poses  con- 

1  "Public  service  corporation,"  in  Arizona. 


forms  to  the  standard  of  illuminating  power  and  purity,  and,  of 
its  own  motion,  examine  and  investigate  the  methods  employed 
in  bringing  in,  obtaining,  manufacturing,  delivering  and  supply- 
ing gas,  and  shall  have  access  through  its  members  or  persons 
employed  and  authorized  by  it  to  make  examinations  and  inves- 
tigations to  all  parts  of  the  manufacturing  plants  owned,  used  or 
operated  for  the  manufacture,  transmission  or  distribution  of  gas 
or  electricity  by  any  such  person  or  corporation.     Same. 

Any  employe  or  agent  of  commission  who  divulges  any  fact 
or  information  which  may  come  to  his  knowledge  during  the 

2471  course  of  any  such  inspection  or  examination,  except  in  so  far  as 
he  may  be  directed  by  the  commission,  or  by  a  court  or  judge 
thereof,  or  authorized  by  law,  shall  be  guilty  of  a  misdemeanor. 
Same. 

Commission,  its  agents,  experts  and  inspectors  may  enter 
upon  any  premises  occupied  by  any  corporation  to  which  the 
provisions  of  this  act  or  any  of  them  are  applicable,  for  the  pur- 

2472  pose  of  making  the  examinations,  inspections,  valuations  and 
tests  contemplated  as  provided  for  in  this  act,  and  set  up  and  use 
on  such  premises  any  apparatus  and  appliances  and  occupy  rea- 
sonable space  therefor  for  the  purpose  of  said  examinations,  in- 
spections and  tests.     Same,  sec.  50. 

See  also  par.  g2j. 


MASSACHUSETTS  Every  gas  light  company  which  annually  man- 
ufactures or  sells  more  than  15  million  cubic  feet  of  gas  shall, 
when  required  by  gas  and  electric  commission,  provide  and  main- 
tain a  suitable  room  at  least  a  quarter  of  a  mile  from  the  gas  works 

2473  with  a  disc  photometer  and  its  appurtenances  of  a  construction 
approved  by  commission  which  shall  be  open  to  the  inspector  and 
assistant  inspectors  on  every  working  day  from  eight  o'clock  in 
the  morning  until  six  o'clock  in  the  afternoon.  Rev.  Laws  igo2, 
ch.  58,  sec.  I  J. 

The  gas  of  every  company  which  supplies  more  than  50 
consumers,  except  gas  made  and  used  exclusively  for  heating, 

2474  cooking,  chemical  and  mechanical  purposes,  shall  be  inspected  at 
least  twice  a  year  and  as  much  oftener  as  the  gas  and  electric 
commission  may  determine.     Same,  sec.  14. 

The  gas  shall  be  tested  for  illimiinating  power  by  means  of  a . 
disc  photometer  and  during  such  test  shall  be  burned  from  thej 
burner  best  adapted  to  it  which  is  at  the  same  time  suitable  for 
domestic  use  and  at  as  near  the  rate  of  five  feet  an  hour  as  is\ 
practicable.    Gas  and  electric  comniission  shall  for  the  purpose] 

634 


1475  of  establishing  a  standard  of  purity  for  gas  and  after  a  public 
hearing  determine  how  many  grains  of  sulphur  and  ammonia  per 
ICO  cu.  ft.  of  gas  may  be  permitted  and  may  change  such  stand- 
ards from  time  to  time  after  a  public  hearing;  but  not  more  than 
30  grains  of  sulphur  per  100  cu.  ft.  and  no  sulphtireted  hydrogen 
shall  be  allowed.     Same. 

If  the  gas  of  any  gas  company  or  of  any  city  or  town  supply- 
ing gas  is  found  on  three  consecutive  inspections,  or  on  three  in- 
spections made  within  a  period  of  30  consecutive  days,  to  give 
lefss  light  than  16  standard  English  candles,  or  upon  such  aver- 

1476  aging  of  inspections  as  commission  may  prescribe,  to  be  below  the 
standard  of  purity  fixed  imder  this  act,  unless  such  defect  is  in 
the  opinion  of  commission  due  to  imavoidable  cause  or  accident,  a 
fine  of  $100  shall  be  paid  by  such  company,  city  or  town  into  the 
treasury  of  the  commonwealth.     Same. 

If  during  the  test  the  consumption  of  gas  varies  from  five 
feet  an  hour,  or  the  candle  from  120  grains  an  hour,  a  proportion- 
ate correction  shall  be  made  for  the  candle  power.  Upon  com- 
J1477  plaint  and  after  notice  and  hearing  commission  may  require  a 
company  to  supply  such  gas  as  will  give,  when  tested  in  the  man- 
ner prescribed  in  this  section,  a  light  equivalent  to  such  number 
of  standard  English  candles,  not  less  than  16,  as  commission  may 
determine.     Same. 

Commission  shall,  from  time  to  time,  ascertain  what  degree 
of  purity  can  reasonably  be  required  in  gas  made  and  supplied  by 
corporations  and  companies  engaged  in  the  manufacture  and 
8478  sale  of  gas  for  light  or  heat,  and  shall  report  to  the  general  coiirt, 
when,  in  its  opinion,  any  change  in  the  law  relative  thereto  is 
desirable.     Rev.  Laws  1Q02,  ch.  121,  sec.  6.^ 

See  also  pars.  280,  gjo,  gji,  2501,  2508. 

MICHIGAN  Commission  may  in  its  discretion  order  elec 

trie  current  for  distribution  to  be  delivered  at  a  suitable  primary 

2479  voltage  to  any  city,  village  or  township  through  which  a  trans- 
mission line  or  lines  may  pass.     Puh.  Acts  igog,  no.  106,  sec.  5. 

NEW  HAMPSHIRE  Commission  may  investigate  and  ascertain, 
from  time  to  time,  the  quality  of  gas  supplied  by  public  utilities 
and  the  methods  employed  by  such  public  utilities  in  manufac- 

2480  turing  or  supplying  gas  or  electricity  for  light,  heat  or  power,  or 
in  transmitting  telephone  and  telegraph  messages,  or  supplying 
water,  and  after  notice  and  hearing  thereon  may  order  all  reason- 

1  See  footnote  i,  par.  276. 


able  and  just  improvements  and  extensions  in  service  or  methods. 
Laws  igii,  ch.  164,  sec.  5(c). 
See  also  par.  q8j. 

NEW  JERSEY  Commission  may  after  hearing,  by  order  in 

writing,  fix  just  and  reasonable  standards,  classifications,  regula- 

2481  tions,  practices,  measurements  or  service  to  be  fiimished,  imposed, 
observed,  and  followed  thereafter  by  any  public  utility.  Laws 
I  pi  I,  ch.  7p5,  sec.  i6{e). 

Commission  may  after  hearing,  by  order  in  writing,  ascer- 
tain and  fix  adequate  and  serviceable  standards  for  the  measure- 
ment of  quantity,  quality,  pressure,  initial  voltage  or  other  con- 

2482  dition  pertaining  to  the  supply  of  the  product  or  service  rendered 
by  any  public  utility  and  prescribe  reasonable  regulations  for 
examination  and  test  of  such  product  or  service  and  for  the  meas- 
urement thereof.     Same,  sec.  i6{f). 

See  also  pars.  2510,  2511. 

NEW  YORK  Commission  shall  investigate   and   ascertain 

from  time  to  time,  the  quality  of  gas  supplied  by  persons  and  cor- 
porations; examine  or  investigate  the  methods  employed  by  such 
persons  and  corporations  in  manufacttuing,  distributing  and  sup- 
plying gas  or  electricity  for  light,  heat  or  power  and  in  transmit- 
ting the  same,  and  may  order  such  reasonable  improvements  as 

2483  will  best  promote  the  public  interest,  preserve  the  public  health 
and  protect  those  using  such  gas  or  electricity  and  those  employed 
in  the  manufacture  and  distribution  thereof;  and  have  power  to 
order  reasonable  improvements  and  extensions  of  the  works, 
wires,  poles,  conduits,  ducts  and  other  reasonable  devices,  appar- 
atus and  property  of  gas  corporations,  electrical  corporations  and 
municipalities.     Laws  igio,  ch.  480,  sec.  66(2). 

Commission  may  by  order  fix  from  time  to  time  standards 
for  the  measurement  of  the  purity  or  illuminating  power  of  gas 
to  be  manufactured,  distributed  or  sold  by  persons,  corporations 
or  municipalities  for  lighting,  heating  or  power  purposes,  and  pre- 
scribe from  time  to  time  the  efficiency  of  the  electric  supply 
system,  of  the  current  supplied  and  of  the  lamps  furnished  by 
the  persons,  corporations  or  mtmicipalities  generating  and  selling 
electric  current,  and  by  order  require  the  gas  so  manufactured, 
distributed  or  sold  to  equal  the  standards  so  fixed  by  it,  and  pre- 
scribe from  time  to  time  the  reasonable  minimum  and  maximmn 
pressure  at  which  gas  shall  be  delivered  by  said  persons,  corpora- 
tions or  mimicipalities.     For  the  purpose  of  determining  whether 

636 


5484  the  gas  manufactured,  distributed  or  sold  by  such  persons,  cor- 
porations or  municipalities  for  Hghting,  heating  or  power  purposes 
conforms  to  the  standard  of  illimiinating  power,  purity  and  pres- 
sure, and  for  the  ptirpose  of  determining  whether  the  efficiency  of 
the  electric  supply  system,  of  the  current  supplied  and  of  the 

-lamps  furnished  conforms  to  the  orders  issued  by  commission, 
commission  may,  of  its  own  motion  examine  and  investigate  the 
plants  and  methods  employed  in  manufacturing,  delivering  and 
supplying  gas  or  electricity,  and  shall  have  access  through  its 
members  or  persons  employed  and  authorized  by  it  to  make  such 
examinations  and  investigations  to  all  parts  of  the  maniif  acturing 
plants  owned,  used  or  operated  for  the  manufactiuing,  transmis- 
sion or  distribution  of  gas  or  electricity  by  any  such  person,  cor- 
poration or  mimicipality.     Same,  sec.  66{ji). 

5485  Also  a  provision  identical  with  par.  2471.    Same. 
See  also  pars,  ggo,  2515,  2ji^. 

OHIO  Commission  shall  ascertain  and  prescribe  suit- 

able and  convenient  standard  commercial  units  of  the  product  or 
service  of  any  public  utility,  when  the  character  of  its  product  or 

5486  service  is  such  that  it  can  be  determined,  and  such  units  shall  be 
the  lawful  units  for  the  purposes  of  this  act.  Laws  igii,  no.  J25, 
sec.  j6. 

Commission  may  ascertain  and  fix  adequate  and  serviceable 
standards  for  the  measurement  of  quality,  pressure,  initial  volt- 

2487  age  or  other  condition  pertaining  to  the  supply  or  quality  or  the 
product  or  service  rendered  by  any  public  utility  and  prescribe 
reasonable  regulations  for  examination  and  testing  of  such  product 
or  service  and  for  the  measurements  thereof.     Same,  sec.  j8. 

See  also  pars.  looj,  2521. 

OREGON  Commission  shall  ascertain  and  prescribe  for 

each  kind  of  public  utility  suitable  and  convenient  standard  com- 

2488  mercial  units  of  product  or  service.  These  shall  be  lawful  imits 
for  the  purposes  of  this  act.     Gen.  Laws  igii,  ch.  2yg,  sec.  21. 

Commission  shall  ascertain  and  fix  adequate  and  ser\'iceable 
standards  for  the  measiuement  of  quality,  pressiire,  initial  volt- 
age or  other  conditions  pertaining  to  the  supply  of  the  product  or 
service  rendered  by  any  public  utility  and  prescribe  reasonable 
regulations  for  examination  and  testing  of  such  products  and 
service  and  for  the  measurement  thereof.     Same,  sec.  22. 

See  also  pars.  2523,  2527. 

637 


RHODE  ISLAND  Commission  may  after  having  given  any  pub- 
lic utility  concerned  a  reasonable  notice  and  an  opportunity  to 
be  heard  determine  and  fix  by  order  the  standard  amount,  quality, 
pressure,  initial  voltage  and  character  of  each  kind  of  product  or 
service  to  be  furnished  or  rendered  by  any  public  utility,  and 

2490  standard  condition  or  conditions  pertaining  to  furnishing  or  ren- 
dering the  same,  and  thereafter  the  public  utility  concerns  shall 
furnish  and  render  the  same  accordingly,  but  with  and  subject  to 
the  right  of  appeal  given  by  section  34  hereof.  Acts  191 2,  ch. 
795,  sec.  45.         ^  ^ 

2491  Also  a  provision  identical  with  par.  2489.    Same,  sec.  46. 
See  also  pars.  2529,  2601. 

VERMONT  See  par.  351. 

WASHINGTON  Whenever  commission  shall  find,  after  such 

hearing,  that  the  illuminating  or  heating  power,  purity  or  pres- 
sure of  gas,  the  efficiency  of  electric  lamp  supply,  the  voltage  of 
the  current  supplied  for  light,  heat  or  power,  or  the  purity,  vol- 
irnie  and  pressure  of  water,  supplied  by  any  gas,  electrical  or 
water  company,  as  the  case  may  be,  is  insufficient,  impure,  inade- 

2492  quate  or  inefficient,  it  shall  order  such  improvement  in  the  manu- 
facture, distribution  or  supply  of  gas,  in  the  manufacture,  trans- 
mission or  supply  of  electricity,  or  in  the  storage,  distribution  or 
supply  of  water,  or  in  the  methods  employed  by  such  gas,  electri- 
cal or  water  company,  as  will  in  its  judgment  be  efficient,  ade- 
quate, just  and  reasonable.     Laws  1911,  ch.  iiy,  sec.  54. 

See  also  pars.  2409,  2jji,  2532,  2607. 

WISCONSIN  Provisions   identical  with  pars.    2488,    2489. 

2493  Laws  1907,  ch.  499,  sees.  ly 9^111-2 2,  iy9ym-2j(i). 

Nothing  contained  in  this  section  shall  limit  in  any  manner 

2494  any  powers  or  authority  vested  in  municipal  corporations,  as  pro- 
vided in  section  i797m-87.     Same,  sec.  iy9ym-2j{j). 

See  also  pars.  2557,  2538. 

K.   REGULATION   OF   METERS. 

ARIZONA,  CALIFORNIA 

Any  consimier  or  user  of  any  product,  commod- 
ity or  service  of  a  public  utility  ^  may  have  any  appliance  used 
in  the  measurement  thereof  tested  upon  paying  the  fees  fixed  by 
commission.     Commission  shall  establish  arid  fix  reasonable  fees 

^  '  Public  service  corporation,"  in  Arizona. 


638 


I 


to  be  paid  for  testing  such  appliances  on  the  request  of  the  con- 

2495  sumer  or  user,  the  fee  to  be  paid  by  the  consumer  or  user  at  the 
time  of  his  request,  but  to  be  paid  by  the  pubUc  utiHty  ^  and  repaid 
to  the  consumer  or  user  if  the  appHance  is  found  defective  or  in- 
correct to  the  disadvantage  of  the  consimier  or  user,  under  such 
rules  and  regulations  as  may  be  prescribed  by  commission.  Ariz. 
— Sess.  Laws  igi2,  ch.  go,  sec.  46(c);  Col. — Stats,  igii,  ist.  ex. 
sess.,  ch.  14,  sec.  46(c). 

See  also  par.  2465. 

CONNECTICUT  Upon  petition  of  any  person  and  the  payment 

by  such  person  of  a  fee  of  $1  for  each  meter,  commission  shall 
cause  to  be  inspected  any  electric,  gas  or  water  meter  used  in 
measuring  electricity,  gas,  or  water  supplied  to  such  petitioner. 

kThe  company  supplying  electricity,  gas,  or  water  through  such 
meter  shall  reimburse  the  petitioner  for  said  fee  if  such  meter  be 
found  to  be  more  than  two  per  cent,  fast,  in  the  case  of  a  gas  meter, 

2496  or  four  per  cent,  fast,  in  the  case  of  an  electric  or  water  meter, 
and  shall  not  again  use  such  meter  until  corrected,  and  approved 
by  commission.  Commission  shall  cause  to  be  approved 
every  electric,  gas  or  water  meter  in  which  the  error  does  not 
exceed  two  per  cent,  for  gas  meters  or  four  per  cent,  for  electric 
or  water  meters,  and  shall  cause  the  same  to  be  stamped  with 
some  suitable  device  and  the  date  of  approval.  Piih.  Acts  igii, 
ch.  128,  sec.  20. 

KANSAS  Commission  shall  establish  reasonable  rules, 

regulations,  specifications  and  standards  to  secure  the  accuracy 

2497  of  all  meters  and  appliances  for  measurements,  and  every  public 
utility  is  required  to  carry  into  effect  all  orders  issued  by  commis- 
sion relative  thereto.     Laws  igii,  ch.  2j8,  sec.  22. 

MARYLAND  Commission  shall  appoint  inspectors  of  gas 

and  electric  meters,  whose  duty  it  shall  be  to  inspect,  examine, 
prove  and  ascertain  the  accuracy  of  any  and  all  gas  meters  used  or 
intended  to  be  used  for  measuring  or  ascertaining  the  quantity  of 
illuminating  or  fuel  gas,  or  natural  gas,  furnished  by  any  gas  cor- 
poration to  or  for  the  use  of  any  person,  and  any  and  all  elec- 

2498  trie  meters  used  or  intended  to  be  used  for  measuring  and  ascer- 
taining the  quantity  of  electrical  current  furnished  for  light,  heat 
and  power  by  any  electrical  corporation  to  or  for  the  use  of  any 
person  or  persons,  and  when  found  to  be  or  made  to  be  correct, 
the  inspector  shall  stamp  or  mark  all  such  meters  and  each  of 

^  "Public  service  corporation,"  in  Arizona. 


them  with  some  suitable  device,  which  device  shall  be  recorded  in 
the  office  of  the  secretary  of  state.  Laws  igio,  ch.  i8o,  sec.  31^. 
No  corporation  or  person  shall  furnish  or  put  in  use  any  gas 
meter  which  shall  not  have  been  inspected,  proved  and  sealed,  or 
any  electric  meter  which  shall  not  have  been  inspected,  approved, 
stamped  or  marked  by  an  inspector  of  commission .  Every  gas  and 
electric  corporation  shall  provide  and  keep  in  and  upon  its  premises 
2499  a  smtable  and  proper  apparatus,  to  be  approved  and  stamped  or 
marked  by  commission,  for  testing  and  proving  the  accuracy 
of  gas  and  electric  meters  furnished  oy  it  for  use,  and  by  which 
apparatus  every  meter  may  and  shall  be  tested,  on  the  written  re- 
quest of  the  consumer  to  whom  the  same  shall  be  furnished  and  in 
his  presence  if  he  desires  it.     Same. 

If  any  consumer  to  whom  a  meter  has  been  fiunished  shall 
request  commission  to  inspect  such  meter,  commission  shall  have 
the  same  inspected  and  tested;  if  the  same,  on  being  tested,  shall 
be  found  to  be  four  per  cent.,  if  an  electric  meter,  or  two  per  cent., 
if  a  gas  meter,  defective  or  incorrect,  to  the  prejudice  of  the  con- 

2600  sumer,  the  inspector  shall  order  the  gas  or  electrical  corporation 
forthwith  to  remove  the  same  and  to  place  instead  thereof  a  cor- 
rect meter,  and  the  expense  of  such  inspection  and  test  shall  be 
borne  by  the  corporation;  if  the  same,  on  being  so  tested,  shall 
be  found  to  be  correct,  the  expense  of  such  inspection  and  test 
shall  be  borne  by  the  consumer.  A  uniform  reasonable  charge 
shall  be  fixed  by  commission  for  this  service.     Same,  sec.  32. 

MASSACHUSETTS  The  unit  of  measure  for  the  sale  of  illuminating 
gas  by  meter  shall  be  the  cubic  foot,  containing  62  321/1000 

2601  pounds  avoirdupois  weight  of  distilled  or  rain  water,  weighed  in 
air  of  the  temperature  of  62  degrees,  Fahrenheit  scale,  the  barom- 
eter being  at  30  inches.    Rev.  Laws  igo2,  ch.  58,  sec.  8. 

Every  gas  light  company  with  a  capital  paid  in  of  $100,000 
or  more,  and  every  other  gas  light  company  if  required  by  the  gas 
and  electric  commission,  and  all  makers  and  vendors  of  meters 
shall  set  up  at  some  convenient  place  upon  their  premises  one  or 
more  meter  provers  of  a  size  and  type  approved,  tested  and  cali- 

2602  brated  by  commission  by  means  of  which  meters  may  be  tested. 
A  meter  shall  not  be  stamped  correct  if  it  varies  more  than  two 
per  cent,  from  the  standard  measure.  Commission  shall  keep  a 
correct  record  of  all  meters  examined  by  its  inspectors  with  their 

•  proof  at  the  time  of  inspection,  which  shall  be  open  at  all  times 
for  examination  by  the  officers  of  any  gas  light  company.  Same, 
sec.  g. 

640 


A  gas  company  providing  a  meter  for  measuring  gas  sup- 
plied to  a  customer  which  has  not  been  duly  sealed  and  stamped 

2503  shall  be  punished  by  a  fine  of  $5  for  every  such  meter  in  use, 
payable  to  the  city  or  town  in  which  the  meter  is  situated.  Same, 
sec.  10. 

Meters  in  use  shall  be  tested  by  the  inspector  or  by  one  of 
his  assistants  or  a  deputy  on  the  request  of  the  consumer  or  of 
the  gas  light  company,  in  the  presence  of  the  consumer  if  desired, 
and  with  sealed  apparatus.     If  he  finds  that  the  meter  is  correct, 

2504  the  person  requesting  the  inspection  shall  pay  the  fees  for  such 
inspection  and  the  expenses  of  removing  the  meter  for  the  purpose 
of  being  tested,  and  the  reinspection  shall  be  stamped  on  the 
meter.  If  he  finds  that  the  meter  is  incorrect,  the  gas  light  com- 
pany shall  pay  such  expenses  and  shall  furnish  a  new  meter  with- 
out charge  to  the  consumer.     Same,  sec.  11. 

Meters  for  measuring  gas  supplied  to  consimiers  shall  reg- 
ister the  quantity  of  gas  passing  through  them  in  cubic  feet  so 
that  the  number  of  cubic  feet  of  gas  consumed  can  be  easily  as- 
certained by  the  consimier  thereof.     No  meter  shall  be  used 

2505  which  may  confuse  or  deceive  the  constimer  in  ascertaining  the 
price  he  pays  per  1,000  cu.  ft.  or  the  number  of  cubic  feet  con- 
sumed. No  charge  for  the  use  of  a  meter  during  any  portion  of 
twelve  consecutive  months  shall  be  made  if  the  consumer  during 
said  time  uses  gas  to  the  value  of  $7.     Same,  sec.  12. 

A  customer  of  an  electric  lighting  company  or  such  company 
may  apply  to  the  gas  and  electric  commission  for  an  examination 
and  test  of  any  meter  in  use  upon  a  customer's  premises.  Com- 
mission shall  forthwith  cause  to  be  made  by  a  competent  and  dis- 
interested person  such  examination  and  test  of  said  meter,  if  any, 
as  in  its  judgment  is  practicable  and  reasonable,  and  shall  furnish 
to  the  company  and  to  the  customer  a  certificate  of  the  result  and 
expense  thereof.  If  upon  such  examination  it  appears  that  the 
meter  does  not  register  correctly,  commission  may  order  the  com- 
2606  pany  to  correct  or  remove  such  meter  and  to  substitute  a  correct 
meter  therefor.  All  fees  for  examinations  and  tests  shall  in  the 
first  instance  be  paid  by  the  person  or  company  making  applica- 
tion therefor;  but  if  the  examination  or  test  is  made  at  the  re- 
quest of  a  customer  and  the  meter  is  found  to  be  incorrect  be- 
cause too  fast  the  company  shall  pay  such  fees  to  commission  to 
be  repaid  by  it  to  the  applicant.  A  meter  shall  be  deemed  cor- 
rect for  the  purposes  of  this  section  if  it  appears  from  such  ex- 
amination or  test  that  it  does  not  vary  more  than  five  per  cent, 

641 


from  the  standard  approved  by  commission.     Rev.  Laws  igo2, 
ch.  121,  sec.  36. 

The  person  designated  to  make  such  inspection  may  at  any 
reasonable  time  enter  upon  any  premises  where  the  meter  to  be 
inspected  is  placed  for  the  purpose  of  making  the  inspection. 

2607  Commission  may  establish  such  rules  and  regulations,  fix  such 
standards,  prescribe  such  fees,  and  employ  such  means  and 
methods  in,  and  in  connection  with,  such  examinations  and  tests 
of  electric  meters,  as  in  its  judgment  shall  be  most  practicable, 
expedient  and  economical.     Same,  sec.  j/.^ 

•  Commission  may  purchase  such  materials,  apparatus  and 

2608  standard  measuring  instruments  for  examinations  and  tests  as  it 
may  deem  necessary.     Same. 

Inspectors  subject  to  the  rules  and  regulations  prescribed  by 
gas  and  electric  commission  shall  make  the  inspections  of  gas  re- 
quired by  section  14  of  chapter  58  of  the  revised  laws,  and  shall 
inspect,  examine,  ascertain  and  prove  the  accuracy  of  all  meters 
which  are  to  be  used  for  measuring  illuminating  gas  and  are  to  be 

2609  furnished  to  or  for  the  use  of  any  consumer  or  company,  and  shall 
seal,  stamp  or  mark  every  such  meter,  if  it  be  found  to  be  correct, 
with  some  suitable  device  which  shall  be  determined  by  commis- 
sion and  recorded  in  the  office  of  the  secretary  of  the  common- 
wealth. They  shall  also  perform  such  other  duties  and  make  such 
reports  of  their  doings  as  commission  may  require.  Rev.  Laws 
igo2,  ch.  228,  sec.  j. 

See  also  par.  2oy. 

NEW  JERSEY  Commission  shall  purchase  such  materials,  ap- 

2610  paratus  and  standard  measuring  instruments  as  it  may  deem  nec- 
essary.    Laws  igii,  ch.  igj,  sec.  8. 

Commission  may  after  hearing,  by  order  in  writing,  establish 
reasonable  rules,  regulations,  specifications  and  standards,  to  se- 

2611  cure  the  accuracy  of  all  meters  and  appliances  for  measurements. 
Same,  sec.  i6{g). 

Commission  may  provide  for  the  examination  and  test  of  any 

2612  and  all  appliances  used  for  the  measuring  of  any  product  or  serv- 
ice of  a  public  utility.     Same,  sec.  i6{h). 

Commission  may  by  its  agents,  experts  or  examiners,  enter 
upon  any  premises  occupied  by  any  public  utility  as  herein  de- 

2613  fined,  for  the  purpose  of  making  the  examinations  and  tests  pro- 
vided for  in  this  act  and  to  set  up  and  use  on  such  premises  any 
apparatus  and  appliances  necessary  therefor.     Same^  sec.  i6{i). 

» See  footnote  par.  2367. 

642 


Commission  may  fix  the  fees  to  be  paid  by  any  consumer  or 
user  of  any  product  or  service  of  a  public  utility,  who  may  apply 
to  commission  for  such  examination  or  test  to  be  made,  and  any 
2614  constimer  or  user  may  have  any  such  appliance  tested  upon  the 
payment  of  the  fees  fixed  by  commission,  which  fees  shall  be  re- 
paid to  the  consumer  or  user  if  the  appliance  be  found  defective  or 
incorrect  to  the  disadvantage  of  the  consimier  or  user,  and  in  that 
event,  paid  by  the  public  utility.     Same,  sec.  i6(j). 


NEW  YORK  Each  commission  shall  appoint  inspectors  of 

gas  meters  whose  duty  it  shall  be  when  required  by  commission 
to  inspect,  examine,  prove  and  ascertain  the  accuracy  of  any  and 
all  gas  meters  used  or  intended  to  be  used  for  measuring  or  ascer- 
taining the  quantity  of  gas  for  light,  heat  or  power  furnished 

2615  by  any  person  or  corporation  to  or  for  the  use  of  any  person  or 
persons  and  when  found  to  be  or  made  to  be  correct,  the  inspector 
shall  seal  all  such  meters  and  each  of  them  with  some  suitable 
device,  which  device  shall  be  recorded  in  the  office  of  the  secretary 
of  state.     Laws  iQio,  ch.  480,  sec.  6y{i). 

No  corporation  or  person  shall  furnish,  set  or  put  in  use  any 

2516  gas  meter  which  shall  not  have  been  inspected,  proved  and  sealed 
by  an  inspector  of  commission.     Same,  sec.  6^(2). 

Each  commission  shall  appoint  inspectors  of  electric  meters 
whose  duty  it  shall  be,  when  required  by  commission,  to  inspect, 
examine  and  ascertain  the  accuracy  of  any  and  all  electric  meters 
used  or  intended  to  be  used  for  measuring  and  ascertaining  the 
quantity  of  electric  current  furnished  for  light,  heat  or  power  by 
any  person  or  corporation  to  or  for  the  use  of  any  person  or  cor- 

2617  poration,  and  to  inspect,  examine  and  ascertain  the  accuracy  of 
all  apparatus  for  testing  and  proving  the  accuracy  of  electric 
meters,  and  when  found  to  be  or  made  to  be  correct  the  inspector 
shall  stamp  or  mark  all  such  meters  and  apparatus  with  some 
suitable  device,  which  device  shall  be  recorded  in  the  office  of  the 
secretary  of  state.  No  corporation,  person  or  municipality  shall 
furnish,  set  or  put  in  use  any  electric  meter  the  type  of  which  shall 
not  have  been  approved  by  commission.     Same,  sec.  6y{j). 

Every  gas  and  electrical  corporation  shall  provide,  repair  and 
maintain  such  suitable  premises  and  apparatus  and  facilities  as 

2618  may  be  required  and  approved  by  commission  for  testing  and 
proving  the  accuracy  of  gas  and  electric  meters  furnished  for  use 
by  it,  and  by  which  apparatus  every  meter  may  be  tested.  Same, 
sec.  67  {4). 

643 


If  any  consumer  to  whom  a  meter  has  been  furnished  shall 
request  commission  in  writing  to  inspect  such  meter,  commission 
shall  have  the  same  inspected  and  tested;  if  the  same  on  being  so 
tested  shall  be  found  to  be  more  than  four  per  cent,  if  an  electric 
meter,  or  more  than  two  per  cent,  if  a  gas  meter,  defective  or  in- 
2519  correct  to  the  prejudice  of  the  consumer,  the  expense  of  such  in- 
spection and  test  shall  be  borne  by  the  corporation,  if  the  same 
on  being  so  tested  shall  be  found  to  be  correct  within  the  limits  of 
error  prescribed  by  the  provisions  of  this  subdivision,  the  expense 
of  such  inspection  and  test  shall  be  borne  by  the  consumer.  Same, 
sec.  6y(j). 

Commission  shall  prescribe  such  rules  and  regulations    to 

2620  carry  into  effect  the  provisions  of  this  section  as  it  may  deem 
necessary,  and  shall  fix  uniform  reasonable  charges  for  the  inspec- 
tion and  testing  of  meters  upon  complaint.     Same,  sec.  6y{6). 

OHIO  Commission  may  establish  reasonable  rules, 

regulations,  specifications  and  standards  to  secure  the  accuracy 

2621  of  all  meters  and  appliances  for  measurements,  and  every  public 
utility  is  required  to  carry  into  effect  all  orders  issued  by  commis- 
sion relative  thereto.     Laws  igii,  no.  32  j,  sec.  38. 

Commission  may  provide  for  the  examination  and  testing  of 
any  and  all  appliances  used  for  the  measurement  of  any  product 
or  service  of  a  public  utility.  Any  consumer  or  user  may  have 
any  such  appliance  tested  upon  payment  of  the  fees  fixed  by  com- 
mission.    Commission  may  declare  and  establish  reasonable  fees 

2622  to  be  paid  for  testing  such  appliances  on  the  request  of  the  con- 
sumers or  users,  the  fees  to  be  paid  by  the  consumer  or  user  at 
the  time  the  request  is  made,  but  to  be  paid  by  the  public  utility 
and  repaid  to  the  consumer  or  user  if  the  appliance  be  found  com- 
mercially defective  or  incorrect  to  the  disadvantage  of  the  con- 
simier  or  user.     Same,  sec.  3Q. 

OREGON  Commission  shall  establish  reasonable  rules, 

regulations,  specifications  and  standards  to  secure  the  accuracy  of 

2528  all  meters  and  appliances  for  measurements,  and  every  public 
utility  is  required  to  carry  into  effect  all  orders  issued  by  commis- 
sion relative  thereto.     Gen.  Laws  1911,  ch.  2yg,  sec.  22. 

Commission  shall  provide  for  the  examination  and  testing  of 
any  and  all  appliances  used  for  the  measuring  of  any  product  or 
service  of  a  public  utility,  and  may  provide  by  rule  that  no  such 
appliance  shall  be  installed  and  used  for  the  measuring  of  any 

2624  product  or  service  of  any  public  utility  until  the  same  has  been 


644 


I 


I 


examined  and  tested  by  commission  and  found  to  be  accurate. 
Commission  shall  declare  and  establish  a  reasonable  fee  govern- 
ing the  cost  of  such  examination  and  test  which  shall  be  paid  to 
commission  by  the  public  utility.     Same,  sec.  2j. 

Commission  shall  declare  and  establish  reasonable  fees  for 
the  testing  of  such  appliances  on  the  application  of  the  c'onsumer 
or  user,  the  fee  to  be  paid  by  the  consumer  or  user  at  the  time  of 
his  request,  but  to  be  repaid  to  the  consimier  or  user  by  com- 

2525  mission  and  to  be  paid  by  the  public  utility  if  the  appliance  be 
found  defective  or  incorrect  to  the  disadvantage  of  the  con- 
sumer or  user  beyond  such  reasonable  limit  as  may  be  pre- 
scribed by  commission.  All  fees  collected  under  the  provisions 
of  this  section  shall  be  paid  by  commission  into  the  state  treas-. 
ury.     Same. 

Commission,  its  agents,  experts,  examiners  or  inspectors 
may  enter  upon  any  premises  occupied  by  any  public  utility  for 

2526  the  purpose  of  making  any  inspection,  examination,  or  test  pro- 
vided in  this  act,  and  set  up  and  use  in  such  premises  any  appar- 
atus and  appliances  and  occupy  reasonable  space  therefor.  Same, 
sec.  24. 

Commission  may  purchase  such  materials,  apparatus  and 

2527  standard  measuring  instruments  for  such  examinations  and  tests 
as  it  may  deem  necessary.     Same,  sec.  25. 

Any  person  who  shall  destroy,  injure,  or  interfere  with  any 
apparatus  or  appliance  owned  or  operated  by  or  in  charge  of  com- 
mission or  its  agent,  or  any  apparatus  or  appliance  sealed  by  it, 
shall  be  deemed  guilty  of  a  misdemeanor,  and  upon  conviction 

2528  shall  be  punished  by  fine  not  exceeding  $100  or  imprisonment  for 
a  period  not  exceeding  30  days  or  both.  Any  public  utility  know- 
ingly permitting  the  destruction,  injury  to,  or  interference  with 
any  such  apparatus  or  appliance,  or  with  the  seal  affixed  to  any 
apparatus  or  appliance  by  direction  of  commission,  shall  forfeit 
a  sum  not  exceeding  $1,000  for  each  such  offense.     Same,  sec.  70. 

RHODE  ISLAND        Provisions  substantially  identical  with  pars. 
2629  2521,  2522,  except  that  '' commission  may"  reads  '^commission 

shall."     Acts  igi2,  ch.  yg^,  sees.  46,  47. 

A  meter  shall  be  deemed  correct  for  the  purposes  of  this  sec- 
2530  tion  if  it  appears  from  such  examination  or  test  that  it  does  not 

vary  more  than  two  per  cent,  from  the  standard  approved  by 

commission.     Same,  sec.  47. 

WASHINGTON  Commission  may  appoint  inspectors  of  elec- 

tric meters  whose  duty  it  shall  be  when  required  by  commis- 

645 


sion  to  inspect,  examine,  prove  and  ascertain  the  accuracy  of  any 
and  all  electric  meters  used  or  intended  to  be  used  for  measuring 
and  ascertaining  the  quantity  of  electric  current  furnished  for 
light,  heat  or  power  by  any  public  service  company  to  or  for  the 

2531  use  of  any  person  or  corporation,  and  to  inspect,  examine  and 
ascertain  the  accuracy  of  all  apparatus  for  testing  and  proving 
the  accuracy  of  electric  meters,  and  when  found  to  be  or  made 
to  be  correct  the  inspector  shall  stamp  or  mark  all  such  meters 
and  apparatus  with  some  suitable  device  to  be  prescribed  by  the 
commission.  No  public  service  company  shall  furnish,  set  or 
put  in  use  any  electric  meters  the  type  of  which  shall  not  have 
been  approved  by  commission.     Laws  igii,  ch.  iiy,  sec.  74. 

Commission  may  appoint  inspectors  of  gas  and  water  meters 
whose  duty  it  shall  be  when  required  by  commission  to  inspect, 
examine,  prove  and  ascertain  the  acciu-acy  of  any  and  all  gas  and 
water  meters  used  or  intended  to  be  used  for  measuring  or  ascer- 

2532  taining  the  quantity  of  gas  for  light,  heat  or  power,  or  the  quan- 
tity of  water  furnished  for  any  purpose  by  any  public  service 
company  to  or  for  the  use  of  any  person  or  corporation,  and  when 
found  to  be  or  made  to  be  correct  such  inspectors  shall  seal  all 
such  meters  and  each  of  them  with  some  suitable  device  to  be  pre- 
scribed by  commission.     Same. 

No  public  service  company  shall  thereafter  furnish,  set  or 

2533  put  in  use  any  gas  or  water  meter  which  shall  not  have  been  in- 
spected, proved  and  sealed  by  an  inspector  of  commission  under 
such  rules  and  regulations  as  commission  may  prescribe.     Same. 

Every  gas,  electrical  and  water  company  shall  prepare  and 
maintain  such  suitable  premises,  apparatus  and  facilities  as  may 

2534  be  required  and  approved  by  commission  for  testing  and  proving 
the  accuracy  of  gas,  electric  or  water  meters  furnished  for  use  by 
it  by  which  apparatus  every  meter  may  be  tested.     Same. 

Also  a  provision  for  gas,  electrical  and  water  companies 

2635  substantially  identical  with  par.  2519,  except  that  a  limit  of 

error  of  two  per  cent,  is  provided  for  water  meters.    Same. 

Commission  shall  prescribe  such  rules  and  regulations  to 

2536  carry  into  effect  the  provisions  of  this  section  as  it  may  deem 

necessary,  and  shall  fix  the  uniform  and  reasonable  charges  for 

the  inspection  and  testing  of  meters  upon  complaint.     Same. 


WISCONSIN  Provisions   identical  with  pars.    2521,   2522. 

2537  Laws  igoj,  ch.  4qq,  sees.   iyQym'-2j(2),   iyQym-24(i),   I'jg'jm- 
24(2),  i797m-24{3). 


646 


Commission  may  purchase  such  materials,  apparatus  and 

2538  standard  measuring  instruments  for  such  examinations  and  tests 
as  it  may  deem  necessary.     Same,  sec.  i'/gym-2^. 

Commission,  its  agents,  experts  or  examiners,  may  enter 
upon  any  premises  occupied  by  any  pubHc  utility  for  the  purpose 

2539  of  making  the  examination  and  tests  provided  in  this  act  and  set 
up  and  on  such  premises  any  apparatus  and  appHances  and 
occupy  reasonable  space  therefor.     Same,  sec.  iyg'jm-26. 

Any  person  who  shall  destroy,  injure  or  interfere  with  any 
apparatus  or  appliance  owned  or  operated  by  or  in  charge  of 
commission  or  its  agent  shall  be  deemed  guilty  of  a  misdemeanor 

2540  and  upon  conviction  shall  be  punished  by  a  fine  not  exceeding 
$100  or  imprisonment  for  a  period  not  exceeding  30  days  or  both. 

B         Same,  sec.  lyg'jm-gji^i). 

wk  Any  public  utility  permitting  the  destruction,  injury  to,  or 

■L2541  interference  with,  any  such  apparatus  or  appliance,  shall  forfeit 
H|        a  simi  not  exceeding  $1,000  for  each  offense.     Same,  sec.  I'jgjm- 
97^2). 

L.  FREE  DELIVERY  LIMITS  OF  EXPRESS,  TELE- 
PHONE  AND   TELEGRAPH    COMPANIES. 

ARKANSAS  Commission  is  authorized  and  directed  to  de- 

fine the  limits  in  cities  in  which  express  companies  shall  make  free 

2542  delivery  of  all  express  packages  received  by  them.  Acts  igii, 
no.  jj6,  sec.  2. 

Any  express  company  refusing  to  establish  and  maintain  the 
offices  or  refusing  to  deliver  free  any  express  packages  received  by 
them  within  the  limits  fixed  by  commission  shall  be  guilty  of  a 
misdemeanor  for  each  failure  or  refusal  to  comply  with  the  terms 

2543  of  this  act  or  the  orders  of  commission,  and  shall  be  fined  in  any 
sum  not  exceeding  $100  for  each  offense,  and  each  day  that  said 
company  refuses  to  establish  and  maintain  such  offices  and  each 
refusal  to  deliver  within  the  territory  fixed  by  commission  shall  be 
a  separate  offense.     Same,  sec.  3. 

ARIZONA,  CALIFORNIA 

Commission  may  provide  the  time  within 
which  express  packages  shall  be  received,  gathered,  transported 
and  delivered  at  destination,  and  the  limits  within  which  express 

2544  packages  shall  be  gathered  and  distributed  and  telegraph  and 
telephone  messages  delivered  without  extra  charge.  Ariz. — 
Sess.  Laws  igi2,  ch.  go,  sec.  4j{b);  Cal. — Stats,  igii,  ist.  ex. 
sess.,  ch.  14,  sec.  45Q)). 

647 


ILLINOIS  Commission  may  upon  complaint  or  its  own 

initiative,  after  notice  to  the  express  companies  or  carriers  by  ex- 
press affected,  fix  and  determine  the  territory  in  any  city  or  vil- 
lage having  a  population  of  2,500  or  more  inhabitants  according 
to  the  last  preceding  United  States  census  within  which  territory 
such  express  companies  and  carriers  by  express  shall  thereafter 
deliver  all  merchandise,  property,  parcels,  packages,  money  and 
other  commodities  and  things  transported  by  them  to  all  con- 
signees within  such  territory  at  the  place  of  address  as  directed 
on  the  package,  parcel,  commodity  or  thing  transported  and 

2546  thereafter  all  such  express  companies  and  carriers  by  express  shall 
deliver  all  merchandise,  property,  parcels,  packages,  money  and 
other  commodities  and  things  transported  by  them,  and  each  of 
them,  to  all  consignees  within  such  territory,  at  the  place  of  ad- 
dress as  directed  on  the  package,  parcel,  commodity  or  thing 
transported.  Any  such  express  company  or  carrier  by  express,  or 
any  officer,  representative,  servant,  agent,  lessee,  trustee  or  re- 
ceiver of  such  express  company  or  carrier  by  express,  who  know- 
ingly violates  any  of  the  provisions  of  this  section  shall  be  fined 
in  any  stun  not  more  than  $100  to  be  recovered  in  an  action  of 
debt  in  the  name  of  the  people  of  the  state  of  Illinois.  Revisal 
ipOQ,  ch.  114,  sec.  57^. 

MISSISSIPPI  See  par.  2319. 

MISSOURI  Commission  may  and  shall  upon  the  complaint 

of  ten  or  more  citizens  of  any  incorporated  city  or  town  of  the  state, 
which  now  has  or  may  hereafter  have  a  population  of  1,000  or 
more  inhabitants  according  to  the  last  preceding  United  States 
census  fix  and  define  and  establish  in  any  such  city  or  town, 
by  its  order,  the  boundaries  of  a  free  delivery  zone  and  require 
all  express  companies,  to  deliver  such  express  matter  transported 
between  points  wholly  within  the  state  to  all  consignees  to  whom 
the  same  is  directed,  living  within  the  limits  of  such  free  delivery 
zone  as  established  by  said  commission,  as  one  continuous  ship- 

2546  ment  and  without  an  additional  delivery  charge  being  made  there- 
for at  the  place  of  delivery;  prescribe  a  uniform  contract  for  the 
shipment  of  all  express  matter  between  points  wholly  within  this 
state,  and  require  the  use  of  the  same  by  all  express  companies 
doing  business  in  the  state;  require  all  express  companies,  to 
paste  conspicuously  on  each  package  received  for  shipment  be- 
tween points  wholly  within  the  state,  a  label  designed  and  read- 
ing, ''collect"  or  "paid,"  with  ''amount,"  "weight,"  "date"; 

648 


make,  promulgate  and  enforce  all  other  necessary  rules  and  regu- 
lations for  the  shipment  of  any  express  matter  between  points 
wholly  within  the  state.    Rev.  Stats,  igog,  sec.  J288(d). 

WASHINGTON  Commission  may  by  proper  rules  and  regula- 

tions provide  the  extent  of  free  gathering  and  distributing  limits 

S947  for  express  packages  in  cities  and  towns.  Laws  igii,  ch.  iiy, 
sec.  5p. 


649 


CHAPTER   VIII 

Safety  of  Operation 


SCOPE  NOTE 

This  chapter  includes  grants  of  power  authorizing 
commissions  to  regulate  utilities  with  regard  to  the  safety 
of  the  service  rendered.  Provisions  prescribing  by  legis- 
lative enactment  specific  safety  appliances  and  standards  of 
safety,  even  when  enforcement  is  left  to  commissions,  have 
been  excluded.  For  provisions  incidentally  involving 
questions  of  safety,  see  ch.  iv,  on  establishment  and 
change  of  rates,  and  ch.  vii,  on  service.  For  provisions 
prescribing  general  procedure  to  be  followed  in  the  exer- 
cise of  commission  authority,  see  ch.  xiv,  on  commission 
procedure  and  practice.  For  provisions  prescribing  gen- 
eral rules  of  enforcement  and  judicial  review,  see  ch.  xv, 
on  enforcement.  For  general  statement  of  scope  and 
method,  see  mtroduction. 


ANALYSIS 

PAGE 

A.  General  authority  of  commission  with  respect  to  safety  of  operation.  .  .  652 

B.  Authority  of  commission  to  examine,  inspect  or  investigate  equipment  or 

facilities,  to  order  repairs  and  safety  appliances  and  to  fix  standards 
of  safety 655 

C.  Duty  of  utilities  to  report  or  give  notice  of  accidents,  and  authority  of 

commission  to  investigate  the  same  and  make  recommendations  with 
respect  thereto 674 


651 


A.  GENERAL  AUTHORITY  OF  COMMISSION 
WITH  RESPECT  TO  SAFETY  OF  OPERA- 
TION.^ 

CONNECTICUT  No  part  of  any  railroad  or  street  railway  shall 

be  opened  for  public  travel  unless  the  company  operating  such 

2548  railroad  or  street  railway  shall  first  obtain  a  certificate  signed  by 
commission  that  it  is  in  a  suitable  and  safe  condition.  Gen. 
Stats.  igo2,  sec.  3886. 

Commission  shall,  from  time  to  time,  recommend  to  the 
several  companies  operating  steam  railroads  and  street  railways 
in  the  state,  or  to  any  of  them,  the  adoption  of  such  measures  and 

2549  regulations  as  such  commission  deems  conducive  to  the  public 
safety  or  interest;  and  shall  report  to  the  next  general  assembly 
any  neglect  on  the  part  of  any  such  company  to  comply  with  any 
such  recommendation.     Same,  sec.  jSgj. 

FLORIDA  Commission  shall  make  and  adopt  reasonable 

rules  and  regulations  requiring  railroad  companies  and  other 
common  carriers  operating  railroads  wholly  or  in  part  in  the  state 

2560  to  maintain  the  roadbeds,  rights  of  way,  tracks,  depots,  rolling 
stock,  and  other  fixtures  and  equipment  of  such  railway  lines 
within  the  state  in  a  safe  and  proper  condition.  Laws  igoy,  ch. 
5622,  sec.  2. 

Commission  shall  require  all  railroad  companies  operating 
railroads,  either  in  whole  or  in  part  within  the  state,  to  construct 

2651  and  maintain  all  their  switches  and  switching  devices  in  a  safe 
manner  and  condition.     Same,  sec.  j.. 

If  any  railroad  company,  or  other  common  carrier,  operating 
a  railroad  wholly  or  in  part  in  the  state,  shall  refuse  to  comply  with 
any  rule,  order  or  regulation  provided  or  prescribed  by  commis- 
sion under  the  authority  of  this  act,  or  shall  otherwise  violate  any 

2552  of  the  provisions  of  this  act,  such  company  or  common  carrier 
shall  thereby  incur  a  penalty  for  each  such  offense  of  not  more 
than  $5,000  to  be  fixed,  imposed  and  collected  by  commission  in 
the  manner  provided  in  section  2908  of  the  general  statutes  of 
the  state  of  Florida.     Same,  sec.  4. 

MAINE  No  passenger  train  shall  be  run  over  any  new 

railroad,  or  over  any  railroad  in  process  of  construction,  until 
commission  has  made  an  inspection  of  such  railroad  and  granted 

-  See  also  pars.  2273-2314,  2381-2464. 
652 


a  certificate  of  its  safety  for  public  travel.  Any  person  or  cor- 
2553  poration, -violating  the  provisions  of  this  section,  forfeits  to  the 
state  $ioo  for  each  offense,  to  be  recovered  in  an  action  on  the 
case,  or  by  complaint  and  indictment;  and  the  attorney  general 
shall  institute  proceedings  to  recover  the  same.  Rev.  Stats. 
iQoj,  as  amended,  ch.  51,  sec.  57. 

No  street  railroad  shall  be  operated  for  street  traffic  imtil 
commission  has  made  an  inspection  of  such  railroad  and  granted 
a  certificate  of  its  safety  for  public  travel.  Any  person  or  cor- 
ts54  poration  violating  the  provisions  of  this  section,  forfeits  to  the 
state  $100  for  each  offense,  to  be  recovered  in  an  action  on  the 
case,  or  by  complaint  and  indictment,  and  the  attorney  general 
shall  institute  proceedings  to  recover  the  same.  Rev.  Stats. 
1903,  ch.  5j,  sec.  20. 

MASSACHUSETTS  No  street  railway  or  portion  or  extension 
thereof  shall  be  opened  for  public  use  imtil  railroad  commission, 
after  an  examination,  certifies  that  all  laws  relative  to  its  con- 
struction have  been  comphed  with,  and  that  it  appears  to  be  in 

1555  a  safe  condition  for  operation;  but  nothing  herein  contained 
shall  be  construed  as  compelling  commission  to  grant  such  cer- 
tificate imtil  the  entire  road  included  in  the  location  of  such  rail- 
way, portion  or  extension  has  been  completed.  Acts  1906,  ch. 
46 J,  pt.  in,  sec.  73. 

NEVADA  Commission  may  determine  and  order  the  use 

of  safety  appliances  in  the  interest  of  employes  and  the  traveling 
public,  such  as  crossing-gates,  flagmen,  bells,  devices,  etc.,  in- 
terlocking plants  at  railway  crossings  and  all  other  modem 
safety  devices.  Commission  may  determine  and  order  the  man- 
ner in  which  any  railroad,  street  railway,  steam  or  electric  rail- 
way, or  other  common  carrier,  may  cross  another  railroad,  street 

2656  railway,  whatever  the  motive  power,  at  grade,  or  above  or  below 
grade,  and  shall  prescribe  the  safety  appliances  and  regulations 
that  should  be  adopted  at  such  crossings  or  at  existing  grade 
crossings  of  railroads,  steam,  electric,  or  other  motive  power 
railways  for  the  protection  of  the  public  and  the  prevention  of 
accidents.  Stats,  igoy,  ch.  44,  sec.  7,  as  amended  hy  Stats.  1909, 
ch.  121,  sec.  J. 

NEW  MEXICO  Commission  shall  require  all  intrastate  rail- 

ways, transportation  companies  or  common  carriers,  to  provide 
such  reasonable  safety  appliances  in  connection  with  all  equip- 

2557  ment,  as  may  be  necessary  and  proper  for  the  safety  of  its  em- 

653 


ployes  and  the  public,  and  as  are  now  or  may  be  reqmred  by  the 
federal  laws,  ndes  and  regulations  governing  interstate  com- 
merce.    Const. y  art.  xi,  sec.  7. 

NORTH  CAROLINA  Commission  may  make  any  necessary  and 
proper  rules,  orders  and  regulations  for  the  safety,  comfort  and 

2668  convenience  of  passengers,  shippers  or  patrons  of  any  public  serv- 
ice corporation,  and  require  the  observance  of  the  same  by  the 
company  and  its  employes.     Acts  igoj,  ch.  46Q,  sec.  i{a). 

SOUTH  CAROLINA  No  railroad,  branch,  or  extension  of  a  railroad, 
shall  hereafter  be  opened  for  public  use  until  commission,  after  an 
examination,  certifies  that  all  laws  relating  to  the  construction 

2559  thereof  have  been  complied  with,  and  that  the  road  appears  to  be 
in  a  safe  condition  for  operation,  unless  commission  shall,  after  the 
ten  days'  written  notice  to  it  by  said  railroad  company  of  such 
proposed  opening,  fail  to  make  such  examination  and  certificate. 
Gen.  Stats.  1Q02,  sec.  2ij6. 

WASHINGTON  See  par.  1044. 

WISCONSIN  Upon  the  completion  of  the  construction  of 

any  railroad  or  extension  or  branch  thereof,  under  the  specifica- 
tion as  approved  by  commission,  the  applicant  company  shall, 
before  operating  said  railroad,  or  extension  or  branch  thereof, 
excepting  for  construction  purposes,  and  before  opening  the  same 
to  public  service,  report  the  same  to  commission  and  commission 
shall  thereupon  inspect  and  examine  said  railroad,  or  extension  or 
branch  thereof,  or  cause  the  same  to  be  inspected  and  examined, 
and  if  it  shall  be  found  that  the  same  has  been  constructed  in 

2560  accordance  with  said  specification  as  approved  and  is  otherwise 
suitable  and  properly  constructed  so  as  to  conserve  and  protect 
the  public  safety  in  the  operation  thereof,  commission  shall 
grant  to  said  applicant  railroad  an  order  authorizing  it  to  oper- 
ate the  same,  which  order  shall  be  presumptive  evidence  of  the 
siifficiency  of  such  construction.  Said  order  shall  specify  in 
general  terms  the  methods  and  conditions  of  such  operation  and 
it  shall  not  be  lawful  for  any  such  railroad  or  extension  or  branch 
thereof,  to  be  operated  till  such  order  has  been  so  granted  and 
obtained.  Laws  igoy,  ch.  4^4,  sec.  1797-57^  as  amended  by  Laws 
igog,  ch.  47'j. 

Commission  may  establish  reasonable  rules,   regulations, 

2661  specifications,  and  standards  for  the  installation,  operation,  an< 

maintenance  of  all  safety  devices  and  measures.     Laws  igii,  ch, 

2g7,  sec.  I7g7-gb. 

654 


B.  AUTHORITY  OF  COMMISSION  TO  EXAMINE, 
INSPECT  OR  INVESTIGATE  EQUIPMENT  OR 
FACILITIES,  TO  ORDER  REPAIRS  AND 
SAFETY  APPLIANCES  AND  TO  FIX  STAND- 
ARDS OF  SAFETY.^ 

ALABAMA  See  par.  24J. 

ARIZONA  Commission  may,  after  a  hearing  had  upon  its 

own  motion  or  upon  complaint,  by  general  or  special  orders,  rules 
or  regulations,  or  otherwise,  require  every  public  service  corpora- 
tion to  maintain  and  operate  its  line,  plant,  system,  equipment, 
apparatus,  tracks  and  premises  in  such  manner  as  to  promote  and 
safeguard  the  health  and  safety  of  its  employes,  passengers,  cus- 
tomers, and  the  public,  and  to  this  end  prescribe,  among  other 

2562  things,  the  installation,  use,  maintenance  and  operation  of  ap- 
propriate safety  or  other  devices  or  appliances,  including  inter- 
locking and  other  protective  devices  at  grade  crossings  or  jimctions 
and  block  or  other  systems  of  signaling,  establish  uniform  or 
other  standards  of  equipment,  and  require  the  performance,  of 
any  other  act  which  the  health  or  safety  of  its  employes,  pas- 
sengers, customers  or  the  public  may  demand.  Sess.  Laws  igi2, 
ch.  go,  sec.  42. 

ARKANSAS  Commission  shall,  as  often  as  it  deems  it  neces- 

sary, carefully  examine  the  condition  of  the  several  railroads  of 
the  state;  and  commission,  whenever  it  has  reasonable  grotmds  to 
believe  either  on  complaint  or  otherwise  that  any  of  the  tracks, 
bridges,  or  other  structures  of  any  railroads  in  the  state,  are  in  a 
condition  which  renders  any  of  them  dangerous  or  unfit  for  the 
transportation  of  passengers  with  reasonable  safety,  inspect  and 
examine  the  same;  and  if  on  such  examination  in  its  opinion  or  in 
the  opinion  of  a  majority  of  commission,  any  such  tracks,  bridges, 
or  other  structures,  or  works,  are  unfit  for  the  transportation  of 
passengers  with  reasonable  safety,  it  shall  give  to  the  superin- 
tendent or  other  executive  officer  of  the  company  working  or 
operating  said  defective  tracks,  bridges,  or  other  structures, 
notice  of  the  condition  thereof,  and  of  the  repairs  necessary  to 
place  same  in  safe  condition;  and  may  also  order  and  direct  the 
speed  of  trains  over  such  dangerous  and  defective  tracks,  bridge, 
or  other  structure,  until  said  repairs  are  made,  and  the  time  within 

1  See  also  pars.  2417-2434. 


which  the  repairs  shall  be  made  by  the  company;  and  if  any  such 
superintendent  or  executive  officer  aforesaid,  receiving  such 
notice  and  order,  shall  wilfully  neglect,  for  the  period  of  two  days 
after  receiving  such  notice  and  order,  to  direct  the  proper  sub- 
ordinate officers  to  move  the  passenger  trains  over  such  defective 
tracks,  bridge,  or  other  structure,  at  the  speed  prescribed  by  com- 
mission, or  if  any  engineer,  conductor  or  other  employe  of  such 
company  shall  disobey  such  order  of  superintendent  or  officer 

2563  whose  duty  it  is  to  issue  said  order,  every  such  superintendent, 
conductor,  engineer,  or  other  employe  shall  be  deemed  guilty  of  a 
misdemeanor,  and,  on  conviction  thereof,  shall  be  fined  in  any 
sum  not  exceeding  $500  or  be  imprisoned  in  the  county  jail  of  the 
proper  county  for  a  period  not  exceeding  one  year,  or  both,  at  the 
discretion  of  the  court,  and  in  case  the  disregard  of  the  instruc- 
tions of  commission  shall  cause  any  accident  whereby  human  life 
shall  be  lost  or  passengers  maimed  or  wounded,  the  said  superin- 
tendent of  the  said  company,  and  the  engineer  and  conductor  in 
charge  of  such  train,  shall  severally  be  deemed  guilty  of  a  felony, 
and  on  conviction  thereof  shall  be  imprisoned  in  the  penitentiary 
for  a  period  of  not  less  than  two  nor  more  than  ten  years,  and 
commission  may  wholly  stop  the  running  of  passenger  trains 
over  such  defective  track,  bridge,  or  other  structure;  and  it  is 
hereby  required,  in  case  any  company  fails  to  repair  such  track, 
bridge,  or  other  structure  within  the  time  required,  to  give  notice 
to  such  fact  in  some  newspaper  having  a  general  circulation  along 
the  line  of  said  railroad,  to  the  traveling  public.  And,  further- 
more, commission  may  recover  from  said  railroad  company  the 
sum  of  $1,000  for  each  day  that  expires  after  the  time  fixed  by 
commission  for  the  repair  of  such  defective  track,  bridge,  or  other 
structure,  for  such  neglect  to  repair  the  same,  unless  good  and 
sufficient  cause  can  be  shown  for  such  failure  to  repair  such  de- 
fective track,  bridge,  or  other  structure,  to  be  recovered  before 
any  court  having  competent  jurisdiction,  for  the  use  and  benefit 
of  the  state,  after  paying  the  costs  of  the  advertisement  herein 
provided  for.     Acts  igog,  no.  16 j,  sec.  i. 

The  provisions  of  this  act  shall  be  regarded  as  cumulative, 
and  nothing  herein  shall  be  so  construed  as  to  repeal  any  other 

2564  act  now  in  force,  nor  to  in  any  way  ciirtail  or  limit  the  powers  and 
duties  of  commission.     Same,  sec.  2. 


CALIFORNIA  For  public  utilities,  a  provision  identical  with 

2565  par.  2562.    Stats,  igii,  ist.  ex.  sess.,  ch.  14,  sec.  42. 


656 


t 


I 


CONNECTICUT  Commission  shall  examine  the  several  rail- 

roads and  street  railways  in  the  state  once  in  each  year,  and 
oftener  when  it  deems  that  public  safety  so  requires,  and  shall 
make  a  like  examination  of  any  railroad  or  street  railway  within 

2566  the  limits  of  any  town,  when  so  requested  in  writing  by  the  se- 
lectmen of  such  town  or  by  the  authorities  having  control  and 
supervision  of  the  streets  and  highways  therein,  and  shall  see 
that  such  railroads  and  railways  are  kept  in  suitable  repair,  and 
that  the  companies  operating  them  faithfully  comply  with  all 
provisions  of  law.     Gen.  Stats.  igo2,  sec.  3887. 

If,  upon  examination  of  any  railroad  or  the  affairs  of  any 
railroad  company,  commission  shall  be  of  opinion  that  such  road 
is  in  such  condition,  or  that  the  affairs  of  such  company  are  so 
conducted,  as  to  endanger  public  safety,  or  that  the  company  has 
violated  the  law  or  refused  to  obey  the  directions  of  commission 

SS67  or  of  the  superior  court,  or  any  judge  thereof,  it  may  within  one 
year  after  said  examination  make  application  to  any  judge  of  such 
court  for  an  injunction  to  restrain  any  person  from  exercising  or 
attempting  to  exercise  the  duties  of  any  officer  in  such  company; 
and  such  judge  may  proceed  thereon  as  the  superior  court  may  do 
on  complaints  for  injunctions.     Same,  sec.  38 gy. 

Commission  shall,  so  far  as  is  practicable,  keep  fully  in- 
formed as  to  the  condition  of  the  plant,  equipment,  and  manner 
of  operation  of  all  public  service  companies,  in  so  far  as  the 
safety  of  the  public  and  of  the  employes  of  such  companies  may 
be  involved,  and  may  order  such  reasonable  repairs  or  alterations 
in  such  plant  or  equipment,  or  such  changes  in  the  manner  of 
operation,  as  may  be  reasonably  necessary  for  public  safety  or 
for  the  health  or  safety  of  said  employes.  Pub.  Acts  igii,  ch. 
128,  sec.  13. 

Any  person  or  any  town,  city,  or  borough  may  make  com- 
plaint, in  writing,  to  commission,  of  any  defects  in  any  portion  of 
the  plant  or  equipment  of  any  public  service  company,  or  of  the 
manner  of  operating  such  plant,  by  reason  of  which  the  public 

2569  safety  or  the  health  or  safety  of  employes  is  endangered;  and, 
if  he  or  it  so  requests,  the  name  of  the  complainant  shall  not  be 
divulged  unless  in  the  opinion  of  commission  the  complaint  is 
such  that  publicity  is  demanded.     Same,  sec.  14. 

Upon  receipt  of  such  complaint  commission  shall  fix  a  time 
and  place  for  hearing  thereon,  and  shall  give  due  notice  thereof 
to  all  parties  in  interest,  and  shaU  make  such  further  investiga- 
tion into  the  alleged  conditions  as  it  shall  deem  necessary.     If, 

657 


w 


upon  such  hearing,  commission  shall  find  the  conditions  to  be 

2670  dangerous  to  public  safety  or  to  the  safety  of  employes,  it  shall 
make  such  order  as  may  be  necessary  to  remedy  the  same,  and 
shall  furnish  a  copy  of  such  order  to  the  complainant,  upon  re- 
quest. If  commission  finds  that  the  complaint  is  not  justified,  it 
shall  so  notify  the  complainant  in  writing,  by  registered  letter, 
specifying  the  reasons  for  such  finding,  and  shall  file  a  copy  of 
such  notification  in  the  office  of  commission.     Same,  sec.  75. 

Every  public  service  corporation  shall  comply,  immediately, 
with  any  order  of  commission  made  in  accordance  with  the 
provisions  of  the  preceding  section,  and  any  company  failing 

2671  to  comply  with  any  such  order  shall  be  fined  not  more  than 
$1,000  for  each  offense,  and  shall  be  liable  in  double  damages 
for  any  injury  or  damage  resulting  to  any  person  from  such 
failure.     Same,  sec.  16. 

GEORGIA  Commission  shall  upon  complaint  made,  in- 

spect for  itself,  or  through  an  agent,  the  railroads  or  any  railroad 
or  any  part  of  any  railroad  in  the  state,  and  if  the  same  is  found 
in  an  unsafe  or  dangerous  condition,  require  the  same  put  and 
kept  in  such  condition  as  will  render  travel  over  the  same  safe 

2572  and  expeditious;  provided,  that  reasonable  time  be  given  the 
railroad  authorities  in  which  to  accomplish  the  work  or  repairs 
that  may  be  required  or  ordered;  provided,  that  this  act  shall  not 
limit  or  affect  the  liability  of  railroads  in  cases  of  damage  to  per- 
son or  property.     Acts  i8gi,  no.  yio,  sec.  i.^ 

Any  railroad  failing  or  refusing  to  obey  the  orders  of  com- 
mission within  the  time  allowed  for  said  work,  shall  be  liable  to  a 
penalty  of  not  more  than  $5,000  to  be  recovered  by  a  suit  brought 

2673  in  the  name  of  the  state,  in  which  suit  the  attorney  general  or 
solicitor  general  shall  represent  the  state,  and  his  fees  shall  be 
the  same  as  now  provided  by  law.  Suits  shall  be  brought  in  the 
county  where  the  wrong  or  violation  occurs.     Same,  sec.  2. 

ILLINOIS  Whenever  it  shall  come  to  the  knowledge  of 

commission  by  complaint  or  otherwise,  that  any  railroad  bridge 
or  trestle,  or  any  portion  of  the  track  of  any  railroad  in  the  state 
is  out  of  repair,  or  is  in  an  unsafe  condition,  commission  shall  in- 
vestigate, or  cause  an  investigation  to  be  made  of  the  condition; 

»  Commission,  upon  complaint  made,  shall  inspect  for  themselves,  or  through  an  agent 
any  railroad  or  any  part  of  any  railroad  in  this  state,  and  if  the  same  is  found  in  an  unsafei 
or  dangerous  condition,  it  shall  require  the  same  put  and  kept  in  such  condition  as  will| 
render  travel  over  the  same  safe  and  expeditious;  reasonable  time  shall  be  given  the  rail-j 
road  authorities  in  which  to  accomplish  the  work  or  repairs  required.  This  section  shalll 
not  limit  or  affect  the  liability  of  railroads  in  cases  of  damage  to  person  or  property.  Cod*\ 
I  Oil,  sec.  26  3Q. 

658 


of  such  railroad  bridge,  trestle  or  tracks,  and  may  employ  such 
person  or  persons  who  may  be  civil  engineer  or  engineers,  as  it 
shall  deem  necessary  for  the  purpose  of  making  such  investigation, 
and  whenever  in  the  judgment  of  commission  after  such  investi- 
gation, it  shall  become  necessary  to  rebuild  such  bridge,  track  or 
trestle,  or  repair  the  same,  commission  shall  give  notice  and  in- 
formation in  writing  to  the  corporation  of  the  improvements  and 
changes  which  it  may  deem  to  be  proper.     And  shall  recommend 
to  the  corporation  or  person  or  persons  owning  or  operating  such 
railroad,  that  it,  or  he,  or  they,  make  such  repairs,  changes  or 
improvements,  or  rebuild  such  bridge  or  bridges  on  such  rail- 
road, as  commission  shall  deem  necessary  to  the  safety  of  per- 
sons and  property  being  transported  thereon.     And  commission 
shall  give  such  corporation  or  person  or  persons  owning  or  opera- 
ting said  railroad  an  opportunity  for  a  full  and  fair  hearing  on  the 
subject  of  such  investigation  and  recommendation.     And  com- 
mission shall,  after  having  given  such  corporation  or  person  or 
persons  operating  such  railroad  an  opportunity  for  a  full  hearing 
thereon,  if  such  corporation  or  person  shall  not  satisfy  comcnis- 
sion  that  no  action  is  required  to  be  taken  by  it  or  them,  fix  a 
time  within  which  said  changes  or  repairs  shall  be  made,  or  such 
2574  bridges,  tracks  or  culverts  shall  be  rebuilt,  which  time  commission 
may  extend.     It  shall  be  the  duty  of  the  corporation,  person,  or 
persons,  owning  or  operating  said  railroad  to  comply  with  such 
recommendations  of  commission  as  are  just  and  reasonable. 
And  the  supreme  court  or  the  circuit  court  in  any  circuit  in  which 
said  railroad  may  be  in  part  situated,  shall  have  power  in  all 
cases  of  such  recommendations  by  commission  to  compel  com- 
pliance therewith  by  mandamus.     If  any  such  corporation  or 
person  or  persons  owning  or  operating  any  such  railroad  shall, 
after  such  hearing,  neglect  or  refuse  to  comply  with  the  recom- 
mendation or  recommendations  of  commission  as  to  making  any 
repairs,  changes  or  improvements  on  any  bridge,  track  or  trestle, 
or  to  rebuild  any  bridge  within  the  time  fixed  by  commission 
therefor,  commission  shall  report  such  neglect  or  refusal,  to- 
gether with  the  facts  in  such  case,  touching  the  necessity  for  such 
repairs,  changes  or  rebuilding  to  the  attorney  general  of  the 
state,  who  shall  thereupon  take  such  action  as  may  be  necessary 
to  seciu-e  compliance  with  such  recommendations  of  commission. 
In  an  actions  or  proceedings  brought  by  the  attorney  general  to 
compel  compliance  with  the  recommendations  of  commission  the 
findings  of  commission  shall  be  prima  facie  evidence  of  the  facts 

659 


therein  stated,  and  the  recommendation  of  commission  shall  be 
deemed  prima  facie  just  and  reasonable.  Nothing  herein  con- 
tained shall  impair  the  legal  liability  of  any  railroad  company  for 
the  consequence  of  its  acts.  And  all  existing  remedies  therefor 
are  hereby  saved  to  the  people  and  to  individuals.  Revisal  1909, 
ch.  114,  sec.  177a. 

IOWA  Commission  shall,  from  time  to  time,  care- 

fully examine  into  and  inspect  the  condition  of  each  railroad,  its 
equipment  and  the  manner  of  its  conduct  and  management 
within  the  state;  shall  make  semi-annual  examinations  of  its 
bridges  and  report  the  condition  thereof  to  the  company  to 

2576  which  they  belong;  and  if  foimd  by  it  unsafe  it  shall  imme- 
diately notify  the  railroad  company  whose  duty  it  is  to  put  the 
same  in  repair,  which  shall  be  done  by  it  within  ten  days  after 
receiving  such  notice.  If  any  corporation  fails  to  perform  this 
duty,  commission  may  forbid  and  prevent  it  from  running  trains 
over  the  same  while  unsafe.     Code  i8q7,  sec.  21  ij. 

KANSAS  See  par.  264. 

LOUISIANA  Commission  shall  inspect  railroads    and  re- 

quire them  to  keep  their  tracks  and  bridges  in  a  safe  condition 

M76  and  enforce  the  same  by  having  the  penalties  hereby  prescribed 
inflicted  through  the  proper  courts  having  jurisdiction.  Const., 
art.  284. 

MAINE  A  majority  of  commission  or  one   member 

thereof  annually  between  the  first  of  April  and  October  and 
at  any  other  time  on  application  or  whenever  they  think  neces- 
sary shall  carefully  examine  the  tracks,  rolling  stock,  bridges, 
viaduct  and  culverts  of  all  railroads;   and   shall   annually  in 

M77  December  make  a  report  to  the  governor  of  their  official  do- 
ings, therein  stating  the  condition  of  the  road  and  rolling  stock, 
with  such  facts  as  they  deem  of  public  interest  or  which  he 
may  require;  and  all  persons  managing  railroads  shall  give 
commission  such  information  as  they  at  any  time  request. 
Rev.  Stats,  igoj,  ch.  5/,  sec.  50. 

Every  railroad  corporation  shall,  when  requested  by  com- 
mission, have  an  examination  made  of  any  iron  bridge  or  other 
structure,  by  a  competent  and  experienced  mechanical  engi- 
neer, who  shall  report  to  commission  forthwith  the  results  of  his 

2578  examinations,  his  conclusion  and  recommendations,  and  trans- 

660 


mit  a  copy  of  the  same  to  the  corporation.  The  report  shall 
furnish  such  information  in  detail,  and  with  such  drawings  and 
prints,  as  may  be  in  writing  requested  by  commission.  Samey 
sec.  52. 

Every   railroad   corporation   shall    furnish   all    reasonable 
r     2679  facilities  to  commission  for  the  prompt  and  faithful  discharge 
of  the  duties  prescribed  under  this  chapter.     Same,  sec.  55. 

If  commission  at  any  examination,  find  the  track,  culverts, 
bridges  or  rolling  stock  in  use  so  out  of  repair  as  to  be  unsafe  for 
S680  travelers,  it  shall  immediately  notify  the  managers  of  said  road 
of  its  condition,  and  the  time  in  which  the  repairs  shall  be  made; 
and  may  require  them  to  reduce  the  speed  of  all  trains  until  the 
repairs  are  made.     Same,  sec.  54. 

If  said  managers  do  not  comply  with  such  requirements, 
commission  shall  petition  the  supreme  judicial  court  in  any 
county  where  the  railroad  extends,  setting  forth  its  examination, 
the  condition  of  the  road,  the  notice  and  requirement,  and  re- 
fusal to  comply;  and  shall  notify  the  •  attorney  general  or  the 
attorney  of  such  county,  of  the  filing  of  said  petition,  one  of 
whom  shall  appear  and  take  charge  of  the  proceedings  in  court. 
The  court  shall  order  a  notice  thereon  and  appoint  a  hearing; 
and  after  a  hearing,  may  order  such  things  to  be  done  by  the 
'  2681  managers  of  the  road  as  it  deems  necessary  to  secure  the  safety 
of  travelers;  and  unless  such  managers  execute  a  bond  to  the 
state,  with  sufficient  sureties,  for  such  sum  as  the  court  deems 
necessary  to  make  the  repairs,  conditioned  that  they  will, 
within  the  time  fixed  by  the  court,  make  the  repairs  or  otherwise 
satisfy  the  court  that  they  will  be  so  made,  the  court  shall  issue 
an  injunction  on  said  corporation  and  its  managers,  prohibiting 
the  running  of  any  passenger  trains  over  the  portion  of  the  road 
found  to  be  unsafe,  until  the  order  has  been  complied  with  or 
revoked.     Same,  sec.  55. 

When,  in  the  opinion  of  commission,  the  passage  of  passenger 
trains  over  any  portion  of  a  railroad  would  be  attended  with 
imminent  danger,  it  may  notify  the  president  or  superintendent  of 
such  road  and  order  the  immediate  stopping  of  all  passenger 
2682  trains  about  to  run  over  such  portion  thereof.  If  its  order  is  not 
obeyed,  commission  shall  at  once  apply  to  some  justice  of  the 
supreme  judicial  coiut,  who  may,  upon  satisfactory  proof  of  the 
necessity  for  such  order,  and  without  notice  to  said  company, 
issue  an  injunction  prohibiting  the  running  of  passenger  trains 
over  said  road  until  further  order  of  the  court.     Same,  sec.  56. 

661 


Bridges  erected  by  any  municipality,  over  which  any  street 
railroad  passes,  shall  be  constructed  and  maintained  in  such  man- 
ner and  condition,  as  to  safety,  as  commission  may  determine. 
Commission  may  require  the  officers  of  the  railroad  company  and 
of  the  municipality  to  attend  a  hearing  in  the  matter,  after  such 
notice  of  the  hearing  to  all  parties  in  interest  as  commission  may 
deem  proper.     Said  commission  shall  determine  at  such  hearing 

2583  the  repairs,  renewals  or  strengthening  of  parts,  or  if  necessary, 
the  manner  of  rebuilding  such  bridge,  required,  to  make  the  same 
safe  for  the  uses  to  which  it  is  put.  It  shall  determine  who  shall 
bear  the  expenses  of  such  repairs,  renewals,  strengthening  or  re- 
building, or  it  may  apportion  such  expense  between  the  railroad 
company  and  the  city  or  town,  as  the  case  may  be,  in  such  man- 
ner as  shall  be  deemed  by  commission  just  and  fair,  and  shall 
make  its  report  as  hereinafter  provided.     Same,  sec.  75. 

Commission  shall  make  a  report  in  writing  of  its  decision  in 
all  matters  named  in  the  three  preceding  sections,  file  the  same  in 
its  office  and  cause  a  copy  of  such  decision  to  be  sent  by  mail  to 
each  of  the  railroad  corporations,  or  the  mimicipal  officers  of  the 
cities  or  towns,  as  the  case  may  be,  interested  therein.     Such  de- 

2584  cision  shall  be  final  and  binding  upon  all  parties  named,  .unless  an 
appeal  therefrom  shall  be  taken  and  entered  in  the  next  suc- 
ceeding term  of  the  supreme  judicial  court,  to  be  held  in  the 
county  where  the  crossing  or  bridge  is  located,  after  30  days  from 
the  date  of  the  report.     Same,  sec.  'j6. 

If  any  appeal  shall  be  taken  as  provided  in  the  preceding 
section,  the  appellant  shall  within  30  days  from  the  date  of  the 
filing  of  such  decision,  file  in  the  office  of  commission,  its  reasons 
of  appeal,  and  14  days  at  least  before  the  sitting  of  the  appellate 
court,  it  shall  cause  a  copy  of  such  reasons,  certified  by  the  clerk 
of  commission,  to  be  served  upon  such  other  interested  corpora- 
tion or  mtinicipality.      The  presiding  justice,  at  such  term  of 

2585  court,  shall  make  such  order  or  decree  thereon  as  law  and  justice 
may  require.  Exceptions  may  be  taken  to  such  order  or  decree. 
The  final  adjudication  shall  be  recorded  by  the  clerk  of  courts  in 
the  county  where  the  crossing  or  bridge  is  located,  and  a  copy  of 
the  same  shall  be  certified  by  said  clerk  to  commission  for  record 
in  its  office.  Costs  may  be  taxed  and  allowed  to  either  party  at 
the  discretion  of  the  court.     Same,  sec.  77. 

MASSACHUSETTS  Commission  shall  have  the  general  supervision 
of  all  railroads  and  railways,  and  shall  examine  the  same,  and 
commission  shall  keep  itself  informed  as  to  the  conditions  of 

662 


railroads  and  railways  and  the  manner  in  which  they  are  operated 
with  reference  to  the  security  and  accommodation  of  the  public, 
and  as  to  the  compliance  of  the  several  railroad  corporations  and 
street  railway  companies  with  their  charters  and  the  laws  of  the 

2566  state.  Commission  may  from  time  to  time  require  railroad  cor- 
porations and  street  railway  companies  to  install  and  maintain 
at  such  places  upon  the  railroad  or  street  railway  premises  as  it 
shall  designate  such  block  or  other  signals  or  devices  as  it  shall  ap- 
prove for  the  purpose  of  safeguarding  public  travel.  The  su- 
preme judicial  court  shall  have  jurisdiction  in  equity  to  enforce 
compliance  with  any  order  issued  by  commission  imder  authority 
of  this  section.     Acts  iqo6,  ch.  46 j,  pt:  i,  sec.  6. 

Railroad  and  street  railway  inspectors  who  are  appointed 
under  the  provisions  of  section  one,  shall  under  the  direction  of 
commission,  examine  the  roadbed,  tracks,  crossings,  stations, 
rolling  stock,  machinery,  equipments,  appliances  and  groimds 
used  in  or  in  connection  with  the  operation  of  railroads  or  street 
railways  and  if  they  are  considered  by  an  inspector  not  to  be  in 

2687  compliance  with  the  requirements  of  law,  or  to  be  in  such  condi- 
tion as  to  endanger  the  safety  of  the  public  or  of  employes  he 
shall  so  report  in  writing  to  commission,  which,  if  it  considers  it 
necessary,  shall  give  notice  to  the  corporation  or  company,  or  to 
the  persons  who  own  or  operate  the  railroad  or  street  railway,  of 
such  failure  to  comply  with  the  requirements  of  the  law  or  of  such 
defects,  with  such  recommendation  as  it  may  consider  necessary 
or  proper.     Same,  sec.  56. 

Every  railroad  corporation  and  street  railway  company 
shall,  upon  request  of  commission,  and  at  least  once  in  two  years, 
cause  an  examination  of  its  bridges  and  of  the  approaches  thereto 
to  be  made  by  a  competent  engineer,  who  shall  report  the  result 
of  his  examination,  his  conclusions  and  recommendations  to  the 
corporation  or  company,  and  it  shall  forthwith  transmit  a  copy  of 
the  report  to  commission.  Before  a  street  railway  company 
builds  a  bridge,  it  shall  first  submit  the  plans  thereof  to  commis- 

2588  sion  for  approval.  Upon  the  completion  of  a  new  bridge,  the 
railroad  corporation  or  street  railway  company  shall  forthwith 
cause  such  examination  and  report  to  be  made  and  transmitted 
to  commission.  The  report  shall  furnish  such  information,  in 
such  detail  and  with  such  drawings  or  prints  as  may  be  requested 
in  writing  by  commission.  Said  commission  may  make  further 
examination  of  the  bridge  structure  if  necessary  or  expedient. 
The  provisions  of  this  section  shall  not  exempt  a  corporation  from 

663 


making  other  and  more  frequent  examinations  of  its  bridges  and 
the  approaches  thereto.     Same,  sec.  58. 

MICHIGAN  Whenever    commission   shall  have  reasonable 

grounds  to  believe,  either  on  complaint  or  otherwise,  that  any  of 
the  equipment,  cars,  tracks,  bridges  or  other  structures  of  any 
common  carrier  of  this  state  are  in  a  condition  which  renders  any 
of  them  dangerous  or  imfit  for  the  transportation  of  passengers 
with  reasonable  safety  or  unreasonably  endangering  the  em- 
ployes of  such  carrier,  it  shall  inspect  and  examine,  or  cause  to  be 
inspected,  examined  and  tested  by  some  competent  person  or 
persons,  and  for  that  purpose  it  may  employ  some  other  person 
possessing  especial  knowledge  and  skill  in  the  construction  of 
railroads  and  bridges,  as  an  expert,  and  if,  on  such  examination, 
in  its  opinion  any  such  equipment,  cars,  tracks,  bridges  or  other 
structures  be  dangerous  or  imfit  for  the  transportation  of  passen- 
gers with  reasonable  safety,  or  unreasonably  endanger  the  em- 
ployes of  such  carrier,  it  shall  give  the  superintendent  or  other 
executive  officer  of  the  corporation  working  or  operating  said  de- 
fective, dangerous  or  imfit  equipment,  car,  track  or  bridge  or 
other  structure,  notice  of  the  condition  thereof,  and  of  the  re- 
pairs or  changes  necessary  to  place  the  same  in  a  reasonably  safe 
condition,  and  of  the  time  within  which  such  repairs  or  changes 
shall  be  made.  It  may  also  order  and  direct  the  rate  of  speed  of 
passing  trains  or  cars  over  such  dangerous  or  defective  track, 

2S89  bridge  or  other  structure,  imtil  the  said  repairs  shall  be  made.  If 
any  superintendent  or  other  executive  officer  aforesaid,  receiving 
such  notice  or  order  to  direct  the  proper  subordinate  officers  of 
said  corporation  to  run  the  passenger  trains  or  cars  over  such  de- 
fective track,  bridge,  or  other  structure,  at  the  speed  so  pre- 
scribed by  commission,  or  if  any  engineer,  conductor  or  other 
employe  of  such  company  shall  knowingly  disobey  such  order, 
every  such  superintendent,  officer,  conductor  or  employe  shall 
be  deemed  guilty  of  a  misdemeanor,  and  upon  conviction  thereof 
shall  be  ptmished  as  provided  in  section  43  of  this  act.  Com- 
mission may  wholly  prohibit  the  running  of  passenger  trains  or 
cars  over  such  defective,  dangerous  or  unfit  track,  bridge  or  other 
structure,  or  the  use  of  such  dangerous,  unfit  or  defective  equip- 
ment or  car,  if  said  company  shall  neglect  or  without  reasonable 
cause  fail  to  make  such  repairs  within  the  time  prescribed  by  com- 
mission; and  such  company,  for  each  and  every  day  that  ensues 
thereafter,  and  until  such  changes  or  repairs  are  made,  shall  for- 
feit and  pay  to  the  state  the  simi  of  $100.     In  case  of  the  employ- 

664 


ment  of  an  expert,  as  provided  for  in  this  section,  commission 
shall  issue  a  certificate,  which  shall  set  forth  the  amount  of  time 
said  expert  has  been  employed,  and  the  pay  he  is  to  receive  there- 
for, which  certificate  shall  entitle  the  holder  thereof  to  receive 
the  amoimt  mentioned  therein  in  the  same  manner  as  other  em- 
ployes of  the  state  are  paid.  Puh.  Acts  igog,  no.  ^oo,  sec.  J4. 
See  also  par.  212. 

MISSISSIPPI  Commission  shall  upon  complaint  by  petition, 

or  whenever  it  may  have  knowledge  otherwise  of  any  insecure 
bridge,  trestle,  tunnel,  or  roadbed,  inspect  the  same,  and,  if 
necessary,  procure  the  services  of  a  competent  engineer  to  ex- 
amine the  same;  and,  after  giving  notice  to  the  railroad,  may  de- 
clare such  bridge,  trestle,  tunnel,  or  roadbed  imsafe,  and  make 
such  recommendations  to  the  railroad  relative  thereto  as  it  may 

2590  deem  proper;  and  after  such  bridge,  trestle,  tunnel,  or  roadbed  be 
declared  to  be,  in  the  judgment  of  commission,  imsafe,  and  the 
same  be  not  made  safe,  and  any  accident  occtir  arising  out  of  such 
imsafe  condition,  then  the  finding  of  commission  shall  be  prima 
facie  evidence  in  any  suit  for  damages  against  the  railroad  of  ctil- 
pable  negligence,  and  will  justify  ptmitive  damages.  The  cost  of 
examination  by  a  competent  engineer  shall  be  paid  as  the  ex- 
penses of  commission  are  paid,  after  the  allowance  of  the  same  by 
commission.     Code  igo6,  sec.  486g. 

Commission,  through  its  several  members,  shall  inspect 
every  railroad  whenever  it  shall  deem  the  same  necessary,  and  it 
must  inspect  all  the  railroads  once  in  each  year,  and  the  results 
must  be  entered  upon  the  minutes  of  commission  and  embraced  in 
its  reports,  and  must  embrace  information  as  to  the  condition  of 

2591  the  roadbed,  bridges,  trestles,  rolling  stock,  and  depots,  with 
such  other  as  commission  may  deem  proper.  Whenever  com- 
mission shall  find  any  roadbed,  trestle,  bridge,  timnel,  switch, 
or  any  part  of  a  railroad  track,  or  any  rolling  stock  in  actual  use, 
in  an  unsafe  condition,  it  shall  direct  the  railroad  company  to 
make  the  necessary  repairs.     Same,  sec.  4870. 

MISSOURI  Identical  with  par.   2563.     Rev.  Stats,   igog, 

2592  sec.  32 jg. 

NEBRASKA  Commission  may  examine  into  and  inspect, 

from  time  to  time,  the  condition  of  each  railway,  or  common  car- 
rier, its  equipment,  and  the  manner  of  its  conduct  and  manage- 
ment with  regard  to  the  public  safety  and  convenience  in  the 
state;  and  if  any  part  thereof  is  found  in  an  imsafe  and  dangerous 

665 


condition  commission  shall  immediately  notify  the  railway  com- 
2693  pany  or  common  carrier  whose  duty  it  is  to  put  the  same  in 
repair,  which  shall  be  done  by  it  within  a  reasonable  time  after  re- 
ceiving such  notice,  and  if  any  railway  company  or  common  car- 
rier subject  to  the  provisions  of  this  act  fails  to  perform  this  duty, 
commission  may  enjoin  and  prevent  it  from  nmning  trains  over 
the  same  while  in  such  unsafe  and  dangerous  condition.  Cob- 
bey^  s  Annot.  Stats,  igog,  sec.  io6jo{i). 

NEW  YORK  Commission  may,  on  the  application  of  any 

railroad  corporation,  authorize  it  to  use  any  other  safeguard  or 
device  approved  by  commission,  in  place  of  any  safeguard  or  de- 

2594  vice  hereinbefore  required  by  this  article,  wh"ch  shall  thereafter 
be  used  in  lieu  thereof,  and  the  same  penalties  for  neglect  or  re- 
fusal to  use  the  same  shall  be  incurred  and  imposed  as  for  a  failure 
to  use  the  safeguard  or  device  hereinbefore  required,  in  lieu  of 
which  the  same  is  to  be  used.     Laws  igio,  ch.  481,  sec.  75. 

NORTH  CAROLINA  Commission  shall  from  time  to  time  carefully 
examine  into  and  inspect  the  condition  of  each  railroad,  its  equip- 

2695  ment  and  facilities,  in  regard  to  the  public's  safety  and  conveni- 
ence ;  and  if  any  are  foimd  by  it  to  be  unsafe,  it  shall  at  once  notify 
and  reqmre  the  railroad  company  to  put  the  same  in  repair. 
PeiVs  Revisal  igo8,  sec.  logj^j). 

NORTH  DAKOTA  Every  railroad,  bridge  corporation,  or  ferry 
company  doing  business  in  the  state  shall  make  semi-annual  re- 
ports in  each  year  to  commission  as  to  the  safety  of  their  bridges 
and  ferries.  Whenever,  in  the  judgment  of  commission,  it  shall 
appear  that  any  railroad,  railroad  corporation  or  common  car- 
rier fails  n  any  respect  or  particular,  to  comply  with  the  terms  of 
its  charter  or  the  laws  of  the  state,  or  whenever  in  its  judgment 
any  repairs  are  necessary  upon  its  road,  or  any  addition  to  its 
rolling  stock,  or  any  addition  to  or  change  of  its  stations  or 
station  houses,  or  any  change  in  its  rate  or  fares  for  transporting 
freight,  property  or  passengers,  or  any  change  in  the  mode  of 

2596  operating  its  road  and  conducting  its  business,  is  reasonable  and 
expedient  in  order  to  promote  the  security,  convenience  and  ac- 
commodation of  the  public,  said  commission  shall  inform  such 
railroad  corporation  of  the  improvements  and  changes  which  it 
adjudges  to  be  proper,  by  a  notice  thereof  in  writing,  to  be  served 
by  leaving  a  copy  thereof,  certified  by  the  commission's  secretary, 
with  any  station  agent,  clerk,  treasurer  or  any  director  of  said 

666 


corporation,  and  a  report  of  the  proceedings  shall  be  included  in 
the  annual  report  of  commission  to  the  governor.  Nothing  in 
this  section  shall  be  construed  as  relieving  any  railroad  company 
or  railroad  corporation  from  its  present  responsibility  or  liability 
for  damage  to  person  or  property.  Rev.  Codes  iQO^,  sec.  436^. 
See  also  par.  jiy. 


OHIO  If,  on  complaint  or  otherwise,  commission  has 

reasonable  groimds  to  believe  that  any  of  the  tracks,  bridges,  or 
other  structures  of  a  railroad  are  in  a  condition  which  renders 
them  dangerous  or  unfit  for  the  transportation  of  passengers,  it 
shall  forthwith  inspect  and  examine  them,  and,  if  of  opinion  that 
they  are  imfit  for  the  transportation  of  passengers  with  safety,  it 
shall  immediately  give  to  the  superintendent,  or  other  executive 
officer  of  the  company  operating  such  road,  notice  of  the  condition 

2597  thereof,  and  of  the  repairs  or  reconstruction  necessary  to  place 
them  in  a  safe  condition.  Commission  may  prescribe  the  time 
within  which  such  repairs  or  reconstruction  must  be  made,  and 
the  rate  of  speed  for  trains  passing  over  such  dangerous  or  de- 
fective track,  bridge  or  other  structure,  imtil  the  repairs  or  re- 
construction required  are  made.  If,  of  opinion  that  it  is  need- 
ful and  proper,  it  may  forbid  the  running  of  passenger  trains  over 
such  defective  track,  bridge  or  other  structure.    Code  igio,  sec. 

5S5. 

Whoever,  being  the  superintendent  or  other  executive  officer 
of  a  company  operating  a  railroad,  receives  from  commission 
notice  of  a  prescribed  rate  of  speed  for  trains  passing  over  a  de- 
fective track,  bridge  or  other  structure,  or  forbidding  the  running 
of  passenger  trains  over  such  defective  track,  bridge  or  other 
structure,  neglects  for  two  days  after  receiving  such  notice  to 
S598  direct  the  proper  subordinate  officer  to  run  the  passenger  trains 
over  such  defective  track,  bridge  or  other  structure,  at  a  speed  not 
greater  than  that  so  prescribed,  or,  if  the  running  of  a  passenger 
train  is  so  forbidden,  to  stop  running  passenger  trains  over  it,  or, 
an  engineer,  conductor  or  other  employe  who  knowingly  disobeys 
such  order,  shall  be  fined  not  exceeding  $500  or  imprisoned  in  the 
county  jail  not  exceeding  one  year,  or  both.     Same,  sec.  586. 

If  the  company  operating  such  road  neglects  or  without  good 
cause  fails  to  make  the  repairs  or  reconstruction  prescribed  by 
commission  within  the  time  limited  by  it,  for  each  day  that  such 
repairs  or  reconstruction  is  delayed  beyond  the  time  prescribed, 
such  company  shall  forfeit  and  pay  to  the  state  the  sum  of  $100. 
Same,  sec.  j8y. 

667 


OREGON  Commission  shall  from  time  to  time,  and  as 

often  as  once  each  year,  carefully  examine  and  inspect  the 
physical  condition  of  each  railroad  in  the  state,  its  roadbed, 
stations,  equipment,  and  the  manner  of  its  conduct  and  man- 
agement with  reference  to  the  safety  of  the  public  and  the  em- 

2600  ployes  of  such  railroad,  and  the  convenience  of  the  public,  and 
shall  report  the  result  of  its  investigations  to  the  railroad  com- 
pany, together  with  its  recommendations  thereon;  provided,  that 
this  section  shall  not  be  construed  as  repealing  any  existing  law 
on  the  subject.     Gen.  Laws  igoj,  ch.  5j,  sec.  22. 

See  also  par.  1022. 

RHODE  ISLAND  If  upon  hearing  and  investigation  commission 
shall  find  that  the  regulations,  practices,  acts,  plant  or  equip- 
ment, appliances,  or  service  of  any  public  utility,  or  any  con- 
dition suffered,  permitted  or  maintained  by  any  public  utility,  is 
unsafe,  or  improper,  or  that  the  public  safety  is  endangered 

2601  thereby,  commission  shall  by  order  determine  the  proper  regu- 
lations, practices,  acts,  plant  or  equipment,  appliances  or  service 
thereafter  to  be  in  force  and  to  be  observed,  maintained  and  used 
by  such  public  utility,  and  may  by  order  require  any  dangerous 
or  unsafe  condition  to  be  removed  or  remedied.  Acts  191 2,  ch. 
7P5,  sec.  23. 

Whenever  any  highway  bridge  over  which  a  street  railway  is 
operated  shall  become  unsafe  for  public  travel,  the  public  utility 
operating  such  railway  shall  pay  the  whole  expense  of  repairing, 
strengthening,  or  reconstructing  such  bridge,  if  such  bridge 
would  be  safe  for  public  travel  if  such  railway  were  not  operated 
over  it ;  but  if  a  reconstruction  of  such  bridge  or  the  construction 
of  a  new  bridge  is  required  for  any  other  cause,  or  if  such  bridge 
w^ould  be  unsafe  for  public  travel  if  such  railway  were  not  operated 
over  it,  then  so  much  of  the  expense  of  repairing,  strengthening, 
constructing,  or  reconstructing  such  bridge  as  may  be  equitable 
shall  be  paid  by  the  public  utility  operating  such  railway.     In  the 

2602  event  of  any  disagreement  between  such  public  utility  and  the 
town  or  city  bound  by  law  to  maintain  any  such  bridge,  as  to  the 
necessity  of  any  repair  or  reconstruction  thereof,  or  as  to  the 
character  of  such  repair  or  reconstruction,  or  as  to  the  apportion- 
ment of  the  expense  of  such  repair  or  reconstruction,  commission, 
upon  application  of  any  party  in  interest,  and  after  due  hearing, 
shall,  subject  to  the  provisions  of  section  34,  make  such  orders  as 
it  shall  deem  necessary,  in  the  interest  of  public  safety,  for  the 
repair,  strengthening,  or  reconstruction  of  such  bridge,  and  shall 

668 


determine  in  accordance  with  the  principle  herein  stated  the 
portion  of  the  expense  of  such  repair,  strengthening,  or  recon- 
struction which  shall  be  borne  by  such  public  utility.  Same, 
sec.  53. 

See  also  par.  1025. 

SOUTH  DAKOTA  If  any  bridge,  line,  wire,  facility  or  structure, 
shall  be  deemed  imsafe  by  commission,  it  shall  notify  the  common 
carrier  immediately,  and  it  shall  be  the  duty  of  said  common  car- 
rier to  repair,  or  replace  said  bridge,  line,  wire,  facility  or  structure, 
in  such  manner  and  of  such  material  and  within  such  time  as  com- 
mission may  order.  Whenever  in  the  judgment  of  commission 
it  shall  appear  that  any  common  carrier  fails,  in  any  respect  or 
particular,  to  comply  with  the  terms  of  its  charter  or  the  laws  of 
the  state,  or  whenever  in  its  judgment  any  repairs  are  necessary 
upon  its  road,  or  facilities,  or  any  addition  to  its  rolling  stock, 
or  any  stations  or  any  additions  to  or  change  of  its  stations  or 
station  houses  or  any  change  in  its  rates  of  fare  transporting 

S603  freight,  passengers,  express  or  messages,  or  any  change  in  the 
mode  of  operating  its  line  or  lines  or  conducting  its  business  is 
reasonable  and  expedient  in  order  to  promote  the  security,  con- 
venience and  accommodation  of  the  public,  commission  shall  in- 
form such  common  carrier  of  the  improvements  and  changes 
which  it  adjudges  to  be  proper,  by  notice  thereof  in  writing  to  be 
served  by  leaving,  or  mailing  by  registered  letter,  a  copy  thereof, 
certified  by  its  secretary,  to  or  with  any  station  agent,  clerk, 
treasurer,  or  any  director  of  said  common  carrier  and  a  report  of 
the  proceedings  shall  be  included  in  the  annual  report  of  com- 
mission to  the  legislature.  Nothing  in  this  section  shall  be  con- 
strued as  relieving  any  common  carrier  from  its  present  respon- 
sibility or  liability  for  damage  to  person  or  property.  Sess. 
Laws  igii,  ch.  2oy,  sec.  2.^ 

VERMONT  See  par.  405. 

VIRGINIA  See  par.  409. 

WASHINGTON  If  upon  investigation  commission  shall  find 

that  the  eqmpment  or  appliances  in  connection  therewith,  or  the 
apparatus,  tracks,  bridges  or  other  structures  of  any  common  car- 
rier are  defective,  and  that  the  operation  thereof  is  dangerous  to 
the  employes  of  such  common  carrier  or  to  the  public,  it  shall 

1  Commission  is  hereby  vested  with  full  jurisdiction  to  require  any  common  carrier 
doing  business  in  this  state  to  install  any  facility  necessary  for  the  safety,  convenience  and 
accommodation  of  the  public  including  telegraph  lines  and  instruments  and  operators 
therefor,  and  telephone  lines  and  instruments.    Sess.  Laws  igii,  ch.  207,  sec.  31. 

669 


immediately  give  notice  to  the  superintendent  or  other  officer  of 
such  common  carrier  of  the  repairs  or  reconstruction  necessary 

2604  to  place  the  same  in  a  safe  condition,  and  may  also  prescribe  the 
rate  of  speed  for  trains  or  cars  passing  over  such  dangerous  or  de- 
fective track,  bridge  or  other  structure  until  the  repairs  or  re- 
construction required  are  made,  and  may  also  prescribe  the  time 
within  which  the  same  shall  be  made.  Or  if,  in  its  opinion,  it  is 
needful  or  proper,  it  may  forbid  the  running  of  trains  or  cars  over 
any  defective  track,  bridge  or  structure  imtil  the  same  be  repaired 
and  replaced  in  a  safe  condition.     Laws  igii,  ch.  iiy,  sec.  65. 

2606  There  shall  be  no  appeal  from  or  action  to  review  any  order  of 

commission  made  imder  the  provisions  of  this  section.     Same. 

Commission  shall,  as  soon  as  practicable,  after  the  taking 
effect  of  this  act,  designate  the  number,  dimensions,  location  and 
manner  of  application  of  the  appliance  provided  for  herein,  or 
such  as  may  be  prescribed  by  commission,  and  shall  give  notice  of 
such  designation  to  all  railroad  companies  and  street  railroad 
companies  by  such  means  as  commission  may  deem  proper,  and 
thereafter  such  number,  dimensions,  location  and  manner  of  ap- 
plication as  designated  by  commission  shall  remain  as  the  stand- 
ards of  equipment  to  be  used  on  all  cars  and  locomotives  subject 
to  the  provisions  of  this  act.  Commission  may  add  to,  change  or 
modify  said  standards  of  equipment  at  any  time  or  provide  dif- 
ferent standards  under  different  circumstances  and  conditions; 
provided,  that  commission  may,  upon  full  hearing,  for  good  cause, 
extend  the  period  within  which  any  railroad  or  street  railroad  may 
comply  with  the  provisions  of  this  section  with  respect  to  the 

2606  equipment  of  locomotives  or  cars  actually  in  service  at  the  date 
of  the  passage  of  this  act.  Commission  is  hereby  given  authority 
to  fix  the  time  within  which  such  modification  or  change  shall 
become  effective  or  obligatory.  After  the  time  so  fixed  it  shall 
be  unlawful  to  use  any  car,  motor,  or  locomotive  which  does  not 
comply  with  the  standards  so  prescribed  by  commission;  pro- 
vided, that  when  any  car,  motor  or  locomotive  shall  have  been 
properly  equipped  as  provided  in  this  act,  and  such  equipment 
shall  have  become  defective  or  insecure  while  such  car,  motor  or 
locomotive  was  being  used  by  such  railroad  company  upon  its 
line  of  railroad,  such  car,  motor  or  locomotive  may  be  hauled 
from  the  place  where  such  equipment  was  first  discovered  to  be 
defective  or  insecure  to  the  nearest  available  point  where  such 
car,  motor  or  locomotive  can  be  repaired,  without  liability  for 
the  penalties  imposed  herein  if  such  movement  is  necessary  to 

670 


make  such  repairs,  and  such  repairs  cannot  reasonably  be  made 
except  at  such  repair  point.  Nothing  in  this  proviso  shall  be 
construed  to  permit  the  hauling  of  defective  cars  by  means  of 
chains  instead  of  drawbars  in  revenue  trains,  or  in  association 
with  other  cars  that  are  commercially  used,  unless  such  defective 
cars  contain  live  stock  or  perishable  freight.     Same,  sec.  66. 

It  shall  be  unlawful  for  any  railroad  company  or  street  rail- 
road company  to  use  or  operate  any  car,  motor,  locomotive  or 
train  that  is  defective,  or  any  car,  motor,  locomotive  or  train 
upon  which  any  appliance,  machinery  or  attachment  thereto  be- 
longing is  defective,  or  to  knowingly  operate  its  train  over  any  de- 

2607  fective  track,  bridge  or  other  structure,  excepting  in  cases  of 
emergency  and  imder  proper  precautions;  provided,  that  this 
section  shall  not  apply  to  boarding  and  outfit  cars  when  moved  as 
work  trains,  or  to  trains  consisting  wholly  of  logging  trucks  or  of 
logging  trucks  and  a  passenger  car  or  caboose  at  the  rear  end 
thereof,  or  of  logging  trucks,  and  not  to  exceed  five  freight  cars 
at  the  rear  end  thereof.     Same. 

It  shall  be  the  duty  of  the  inspector  of  tracks,  bridges,  struc- 
tures, and  equipment,  and  such  deputies  as  may  be  appointed,  to 
inspect  all  equipment,  and  appliances  connected  therewith,  and 
all  apparatus,  tracks,  bridges  and  structures,  depots  and  facilities 
and  accommodations  connected  therewith,  and  facilities  and 
accommodations  furnished  for  the  use  of  employes,  and  make  such 
reports  of  his  inspection  to  commission  as  may  be  required.  He 
shall,  on  discovering  any  defective  equipment  or  appliances  con- 
nected therewith,  rendering  the  use  of  such  equipment  dangerous, 
immediately  report  the  same  to  the  superintendent  of  the  road 
on  which  it  is  foimd,  and  to  the  proper  official  at  the  nearest 
point  where  such  defect  is  discovered,  describing  the  defect. 
Such  inspector  may,  on  the  discovery  of  any  defect  rendering  the 
use  of  any  car,  motor  or  locomotive  dangerous,  condemn  such 

2608  car,  motor  or  locomotive,  and  order  the  same  out  of  service  imtil 
repaired  and  put  in  good  working  order.  He  shall,  on  discovering 
any  track,  bridge  or  structure  defective  or  imsafe  in  any  particu- 
lar, report  such  condition  to  commission,  and,  in  addition  thereto, 
report  the  same  to  the  official  in  charge  of  the  division  of  such 
railroad  upon  which  such  defect  is  foimd.  In  case  any  track, 
bridge  or  structure  is  f oimd  so  defective  as  to  be  dangerous  to  the 
employes  or  public  for  a  train  or  trains  to  be  operated  over  the 
same,  the  inspector  is  hereby  authorized  to  condemn  such  track, 
bridge  or  structure  and  notify  commission  and  the  office  in  charge 

671 


of  the  division  of  such  railroad  where  such  defect  is  found  of  his 
action  concerning  the  same,  reporting  in  detail  the  defect  com- 
plained of,  and  the  work  or  improvements  necessary  to  repair 
such  defect.  He  shall  also  report  to  commission  the  violation  of 
any  law  governing,  controlling  or  affecting  the  conduct  of  public 
service  companies  in  this  state.     Same,  sec.  67. 

The  inspector,  or  such  deputies  as  may  be  appointed,  shall 
have  the  right  and  privilege  of  riding  on  any  locomotive,  either  on 
freight  or  passenger  trains  or  on  the  caboose  of  any  freight  train, 

2609  for  the  purpose  of  inspecting  the  track  on  any  railroad  in  this 
state;  provided,  that  the  engineer  or  conductor  in  charge  of  any 
such  locomotive  or  caboose  may  require  such  inspector  to  pro- 
duce his  authority  imder  the  seal  of  commission,  showing  that  he 
is  such  inspector  or  deputy  inspector.     Same. 

The  inspector,  or  such  deputy  inspector  or  inspectors  as  may 
be  appointed,  shall,  when  required  by  commission,  inspect  any 
street  railroad,  gas  plant,  electrical  plant,  water  system,  tele- 
phone line  or  telegraph  line,  and  upon  discovering  any  defective  or 

2610  dangerous  track,  bridge,  structure,  equipment,  apparatus,  ma- 
chinery, appliance,  facility,  instnmientality  or  building,  rendering 
the  use  of  the  same  dangerous  to  the  public  or  to  the  employes  of 
the  company  owning  or  operating  the  same,  report  the  same  to 
commission,  and  to  the  official  in  charge  of  such  road,  plant,  sys- 
tem or  line.     Same. 

WISCONSIN  If  upon  inspection  and  examination  commis- 

sion shall  deem  that  public  safety  requires  the  installation, 
operation,  and  maintenance  of  some  suitable  protective  appliance 
at  any  grade  crossing  of  the  track  or  tracks  of  another  steam 
railroad  or  of  any  other  electric  or  street  railway  surface  road  by 
the  track  or  tracks  of  said  railroad  or  extension  or  branch  thereof, 

2611  commission  may,  before  granting  said  order,  after  notice  and 
hearing  as  provided  in  section  1797-12,  order  the  installation, 
operation,  and  maintenance  of  such  suitable  protective  appliance 
and  by  whom  to  be  installed,  operated,  and  maintained,  and 
shall  fix  the  proportion  of  the  expense  of  constructing,  main- 
taining, and  operating  such  protective  appliance  which  shall  be 
paid  by  the  owners  of  said  tracks,  respectively.  Laws  1907,  ch. 
454,  sec.  1797-57 ^  ^^  amended  by  Laws  1909,  ch.  475. 

It  shall  be  the  duty  of  every  railroad  to  adopt  reasonably 
adequate  safety  measures  and  install,  operate,  and  maintain 
reasonably  adequate  safety  devices  for  the  protection  of  life  and 
property.     If,  after  investigation,  commission  shall  determine 

672 


that  public  safety  requires  the  installation,  operation,  and  main- 

2612  tenance  of  a  block  system  or  other  safety  device  or  measure  by 
any  railroad,  commission  may,  after  notice  and  hearing  as  pro- 
vided in  section  1797-12,  order  such  railroad  to  install,  operate, 
and  maintain  a  block  system,  or  other  safety  device  or  measure 
as  may  be  necessary  to  render  the  operation  of  such  railroad 
reasonably  safe.     Laws  iQiiy  ch.  2g'j,  sec.  lygy-ga. 

When  a  complaint  is  lodged  with  commission  by  the  com- 
mon council  of  any  city,  the  village  board  of  any  village,  a  mem- 
ber of  a  town  board,  or  a  supervisor  of  highways,  or  by  five  or 
more  freeholders  and  taxpayers  in  any  town,  or  five  or  more  free- 
holders of  the  coimty  in  which  such  bridge  is  located,  and  who  are 
users  of  such  bridge  or  railway,  to  the  effect  that  a  bridge  erected 
over  a  stream  intersecting  a  public  highway  or  highways  upon 
which  a  railway  is  constructed  and  operated,  is  imsafe  and 
dangerous  to  travelers  over  such  highway  or  highways  or  bridge 
or  railroad,  and  that  public  safety  requires  the  alteration,  the 
repair  or"  reconstruction  of  such  bridge,  or  the  substitution  of  an- 
other bridge  therefor,  commission  shall  give  notice  to  the  party  or 
parties  in  interest,  other  than  the  petitioners,  of  the  filing  of  such 
complaint,  and  to  furnish  a  copy  of  the  same  to  the  party  or 
parties  in  interest  other  than  the  petitioners,  and  to  order  a  hear- 
ing thereon,  in  the  manner  provided  for  hearings  in  section 
1797-12,  and  after  such  hearing  the  commission  shall  determine 

2613  what  alteration  or  repair  or  reconstruction  of  such  bridge,  and 
the  approaches  thereto,  shall  be  made,  or  if  it  shall  determine  that 
public  safety  requires  the  substitution  of  a  new  bridge,  it  shall 
determine  the  character,  manner  of  construction  and  location 
of  such  bridge  and  the  approaches  thereto.  Commission  shall 
fix  the  proportion  of  the  cost  and  expense  of  such  alteration,  re- 
pair, reconstruction  or  substitution  of  a  new  bridge,  including  the 
damage  to  any  person  whose  land  is  taken,  and  the  special 
damage  which  the  owner  of  any  land  adjoining  the  approaches 
to  said  bridge  shall  sustain  by  reason  of  such  alteration,  repair, 
reconstruction  or  substitution  of  a  new  bridge,  to  be  paid  by  the 
railroad  company  and  the  city,  village  or  town  in  interest. 
Commission  may,  in  the  absence  of  any  petition  therefor,  when  in 
its  opinion  public  safety  requires  the  alteration,  repair  or  re- 
construction of  any  such  bridge  or  the  substitution  of  another 
bridge  therefor,  after  notice  and  hearing,  as  provided  in  section 
1797-12,  proceed  in  like  manner  as  upon  a  complaint  duly  filed. 
Laws  igii,  ch.  ^go,  sec.  iygy-i2k. 

673 


C.  DUTY  OF  UTILITIES  TO  REPORT  OR  GIVE 
NOTICE  OF  ACCIDENTS,  AND  AUTHORITY 
OF  COMMISSION  TO  INVESTIGATE  THE 
SAME  AND  MAKE  RECOMMENDATIONS 
WITH  RESPECT  THERETO. 

UNITED  STATES  It  shall  be  the  duty  of  the  general  manager, 
superintendent,  or  other  proper  officer  of  every  common  carrier, 
engaged  in  interstate  or  foreign  commerce^  by  railroad  to  make  to 
commission,  at  its  office  in  Washington,  District  of  Columbia,  a 
monthly  report,  under  oath,  of  all  collisions,  derailments,  or  other 
accidents  resulting  in  injury  to  persons,  equipment,  or  roadbed 

2614  arising  from  the  operation  of  such  railroad  imder  such  rules  and 
regulations  as  may  be  prescribed  by  commission,  which  report 
shall  state  the  nature  and  causes  thereof  and  the  circumstances 
connected  therewith;  provided  that  hereafter  all  said  carriers 
shall  be  relieved  from  the  duty  of  reporting  accidents  in  their 
annual  financial  and  operating  reports  made  to  commission. 
Accident  Report  Act  igio,  sec.  i. 

Any  common  carrier  failing  to  make  such  report  within  30 
days  after  the  end  of  any  month  shall  be  deemed  guilty  of  a  mis- 
demeanor, and  upon  conviction  thereof  by  a  court  of  competent 

S615  jurisdiction  shall  be  punished  by  a  fine  of  not  more  than  $100  for 
each  and  every  offense  and  for  every  day  during  which  it  shall  fail 
to  make  such  report  after  the  time  herein  specified  for  making 
the  same.     SamCy  sec.  2. 

Commission  may  investigate  all  collisions,  derailments,  or 
other  accidents  resulting  in  serious  injury  to  person  or  to  the 
property  of  a  railroad  occurring  on  the  line  of  any  common  car- 
rier engaged  in  interstate  or  foreign  commerce  by  railroad.  Com- 
mission or  any  impartial  investigator  thereunto  authorized  by 
commission,  may  investigate  such  collisions,  derailments,  or  other 
accidents  aforesaid,  and  all  the  attending  facts,  conditions,  and 
circumstances,  and  for  that  purpose  may  subpoena  witnesses, 
administer  oaths,  take  testimony,  and  require  the  production  of 
books,  papers,  orders,  memoranda,  exhibits,  and  other  evidence, 

2616  and  shall  be  provided  by  said  carriers  with  all  reasonable  facili- 
ties; provided,  that  when  such  accident  is  investigated  by  a  com- 

1  The  term  "  interstate  commerce  "  as  used  in  this  act,  shall  include  transportation 
from  any  state  or  territory  or  the  District  of  Columbia  to  any  other  state  or  territory  or 
the  District  of  Columbia,  and  the  term  "  foreign  commerce,"  as  used  in  this  act,  shall  in- 
clude transportation  from  any  state  or  territory  or  the  District  of  Columbia  to  any  foreign 
country  and  from  any  foreign  country  to  any  state  or  territory  or  the  District  of  Colum- 
bia.   Accident  Report  Act  1910,  sec.  7. 


674 


I 


mission  of  the  state  in  which  it  occurred,  the  interstate  commerce 
commission  shall,  if  convenient,  make  any  investigation  it  may 
have  previously  determined  upon,  at  the  same  time  as,  and  in 
connection  with,  the  state  commission  investigation.  Said  com- 
mission shall,  when  it  deems  it  to  the  public  interest,  make  reports 
of  such  investigations,  stating  the  cause  of  accident,  together  with 
such  recommendations  as  it  deems  proper.  Such  reports  shall 
be  made  public  in  such  manner  as  commission  deems  proper. 
Same,  sec.  j. 

Neither  said  report  nor  any  report  of  said  investigation  nor 
any  part  thereof  shall  be  admitted  as  evidence  or  used  for  any 

2617  purpose  in  any  suit  or  action  for  damages  growing  out  of  any 
matter  mentioned  in  said  report  or  investigation.     Same,  sec.  4. 

Commission  may  prescribe  for  such   common  carriers  a 

2618  method  and  form  for  making  the  reports  hereinbefore  provided. 
Same,  sec.  5. 

ALABAMA  Every  person,  corporation,  company  or  asso- 

ciation operating  a  railroad  shall  give  notice  to  commission  of 
every  accident  happening  on  any  portion  of  its  line  in  this  state, 
which  is  attended  with  death  or  maiming  or  other  serious  injury 
to  the  person  of  any  one  within  five  days  thereafter,  giving  facts 

2619  and  circumstances  of  such  accident,  which  any  one  or  more  of  the 
commissioners  may  investigate,  and  the  result  of  such  injury, 
with  such  details  as  they  may  deem  necessary  shall  be  entered 
upon  the  record  of  the  proceedings  of  commission.  Code  igoy, 
sec.  5666. 

ARIZONA,  CALIFORNIA  Commission  shall  investigate  the  cause 
of  all  accidents  occurring  within  this  state  upon  the  property  of 
any  public  service  corporation  ^  or  directly  or  indirectly  arising 
from  or  connected  with  its  maintenance  or  operation,  resulting  in 
loss  of  life  or  injury  to  persons  or  property  and  requiring,  in  the 
judgment  of  commission,  investigation  by  it,  and  may  make  such 
order  or  recommendation  with  respect  thereto  as  in  its  judgment 
may  seem  just  and  reasonable;  provided,  that  neither  the  order 

^2620  or  recommendation  of  commission  nor  any  accident  report  filed 
with  commission  shall  be  admitted  as  evidence  in  any  action  for 
damage  based  on  or  arising  out  of  the  loss  of  life,  or  injury  to  per- 
son or  property,  in  this  section  referred  to.  Every  public  service 
corporation^  is  hereby  required  to  file  with  commission,  under 
such  rules  and  regulations  as  commission  may  prescribe,  a  report 

1  "Public  utility,"  in  California. 


of  each  accident  so  occurring  of  such  kinds  or  classes  as  commis- 
sion may  from  time  to  time  designate.  Ariz. — Sess.  Laws  igiz, 
ch.  go,  sec.  44;  Cal. — Stats,  igii,  ist.  ex. sess.,  ch.  14,  sec.  44. 

COLORADO  Every  common  carrier  shall,  whenever  an  acci- 

dent attended  by  bodily  injury  or  loss  of  human  life  occurs  in  this 

2621  state  on  its  line  of  road  or  on  its  ground  or  in  its  yards,  give  imme- 
diate notice  thereof  to  commission.  Laws  igio,  sp.  sess.,  ch.  5, 
sec.  26. 

In  the  event  of  any  such  accident,  commission,  if  it  shall 
deem  the  public  interest  to  require  it,  shall  cause  a  suitable  inves- 

2622  tigation  to  be  made  forthwith,  and  shall  give  reasonable  notice 
thereof  to  the  person  and  common  carriers  primarily  interested. 
Same. 

The  expense  of  such  investigation  shall  be  certified  by  a  ma- 

2623  jority  of  commission  and  shall  be  audited  and  paid  by  the  state 
in  the  same  manner  as  other  expenses  are  audited  and  paid. 
Same. 

Commission  shall  be  empowered  to  make  and  enforce  such 

2624  rules  as,  in  their  judgment,  will  tend  to  prevent  accidents  in  the 
operation  of  the  railroads  of  this  state.     Same. 

CONNECTICUT  Every  railroad  company  shall,  within  24  hours 

after  the  occurrence  of  any  accident  attended  with  personal 
injury,  give  notice  of  the  same  to  commission  in  writing,  who, 
upon  receiving  such  notice  or  upon  public  rumor  of  such  accident; 

2626  may  repair,  or  dispatch  one  of  their  nimiber,  to  the  scene  of  said 
accident,  and  without  charge,  furnish  any  person  injured,  or  the 
friends  of  any  person  killed,  any  information  they  may  have  ac- 
quired in  relation  to  such  accident,  and  the  names  of  the  persons 
from  whom  the  same  was  obtained  or  by  whom  the  same  may  be 
proved.     Gen.  Stats.  igo2,  sec.  3800. 

Every  public  service  company  shall,  in  the  event  of  any  acci- 
dent, attended  with  personal  injury  or  involving  public  safety, 
which  was  or  may  have  been  connected  with  or  due  to  the  opera- 
tion of  its  plant  or  equipment,  or  caused  by  contact  with  its  wires, 
notify  commission  thereof,  by  telephone  or  otherwise,  as  soon  as 

2626  may  be  reasonably  possible  after  the  occurrence  of  such  accident. 
If  said  notice  be  given  otherwise  than  in  writing  it  shall  be  con- 
firmed in  writing  within  five  days  after  this  occurrence  of  such 
accident.  Any  company  failing  to  comply  with  the  provisions  of 
this  section  shall  be  fined  not  more  than  $500  for  each  offense. 
Pub.  Acts  igii,  ch.  128,  sec.  ly. 

676 


Commission  shall  examine  into  the  causes  of,  and  the  circum- 
stances connected  with,  all  fatal  accidents  occurring  in  the  opera- 
tion of  the  plant  or  equipment  of  any  public  service  company, 
and  such  other  accidents,  whether  resulting  in  personal  injury 
or  not,  as  in  its  judgment,  shall  require  investigation.     Commis- 

2627  sion  shall  make  a  record  of  the  causes,  facts,  and  circumstances 
of  each  accident,  within  one  month  thereafter,  and  as  a  part  of 
said  record  shall  suggest  means,  if  possible,  whereby  similar  acci- 
dents may  be  avoided  in  the  future.  Such  record  shall  be  open  to 
public  inspection  at  the  office  of  commission  and  a  copy  thereof 
shall  be  mailed  to  the  company  affected  thereby.     Same,  sec,  i8. 

INDIANA  Commission  shall  call  together  in  convention, 

at  least  once  in  every  year,  the  division  superintendents  and  such 
other  operating  and  dispatching  officers  and  employes  of  the 
steam  railroads  of  this  state,  as  commission  may  deem  best,  and 
shall  place  before  said  convention  the  reports  filed  with  commis- 
sion with  reference  to  railroad  accidents  that  have  taken  place 

2628  during  the  year,  together  with  such  findings  and  conclusions 
thereon  as  commission  shall  have  made,  and  said  convention  shall 
thoroughly  investigate  said  reports,  findings  and  conclusions 
and  discuss  the  same  with  a  view  to  taking  such  steps  by  com- 
mission, by  such  railroad  companies  and  by  their  officers  and  em- 
ployes as  may  be  necessary  or  expedient  to  prevent  such  accidents. 
Burns'  Annot.  Stats.  igo8,  as  amended,  sec.  5300. 

Every  railroad  company  shall  report  to  commission  by 
telegraph  or  telephone  as  soon  as  possible  after  it  has  occurred, 
every  accident  and  the  general  cause  thereof,  involving  loss  of 
life,  or  serious  injury  to  passenger  or  employe,  and  within  20  days 
after  such  accident  the  company  shall  make  a  full  report  of  the 
cause  thereof  to  commission  and  commission  shall  investigate  in 
such  manner  and  by  such  persons,  as  it  may  deem  best,  the  causes 
of  any  accident  on  any  railroad  involving  loss  of  life,  and  every 
corporation  at  all  times,  shall  furnish  to  commission,  its  appoint- 
ees, or  its  inspectors  any  information  relative  to  such  accidents. 
Such  reports  and  information  shall  not  be  used  in  the  trial  of  any 

2629  suits  for  damages  arising  out  of  said  accidents,  and  commission 
shall  not  give  publicity  to  such  information  if  in  its  judgment  the 
public  interests  do  not  require  it.  After  such  investigation,  com- 
mission shall  make  a  report  to  the  railroad  company  of  its  conclu- 
sion and  recommendations  regarding  such  accidents  and  the 
causes  thereof,  and  the  proper  steps  to  be  taken  by  the  railroad 
company  to  prevent  like  accidents,  and  unless  the  railroad  com- 

677 


pany  shall  in  a  reasonable  time  comply  with  and  cany  out  said 
recommendations,  commission  shall  make  the  same  public,  if  it 
shall  deem  best  so  to  do,  by  publishing  the  same  in  any  newspaper 
or  newspapers  in  the  state,  or  in  the  locality  where  the  accident 
took  place.     Acts  igii,  ch.  yd,  sec.  i{a). 

IOWA  Upon  the  occurrence  of  any  serious  accident 

upon  any  railroad  within  this  state,  which  shall  result  in  personal 
injury,  or  loss  of  life,  the  corporation  operating  the  road  upon 
which  the  accident  occurred  shall  give  immediate  notice  thereof 
to  commission  whose  duty  it  shall  be,  if  it  deem  it  necessary,  to 

2630  investigate  the  same,  and  promptly  report  to  the  governor  the 
extent  of  personal  injuries,  or  loss  of  life,  and  whether  the  same 
was  the  result  of  mismanagement  or  neglect  of  the  corporation  on 
whose  line  the  injury  or  loss  of  life  occurred.  Provided,  that 
such  report  shall  not  be  evidence  or  referred  to  in  any  case  in  any 
court.     Code  i8gy,  sec.  2120k. 

KANSAS  Every  common  carrier  and  every  public  utility 

shall,  whenever  an  accident  attended  with  loss  of  himian  life  or 
serious  personal  injury  occurs  upon  its  premises  within  this  state, 
give  immediate  notice  thereof  by  telegraph  to  commission.  In 
the  event  of  any  such  accident,  commission,  if  it  deem  the  public 
interest  requires  it,  shall  cause  an  investigation  to  be  made  forth- 
with, in  connection  with  the  labor  commission,  as  now  provided 

2631  by  law,  which  investigation  shall  be  held  in  the  locality  of  the 
accident,  unless  for  greater  convenience  of  those  concerned  it 
shall  order  such  investigation  to  be  held  at  some  other  place. 
Said  investigation  may  be  adjourned  from  place  to  place  as  may 
be  found  necessary  and  convenient.  Commission  shall  season- 
ably notify  an  officer  or  agent  of  the  public  utility  or  common  car- 
rier of  the  time  and  place  of  the  investigation.  Laws  igii,  ch. 
238,  sec.  32. 

KENTUCKY  Notice  of  every  accident  which  may  occur  and 

be  attended  with  loss  of  life  shall  be  given  within  five  days  there- 
after by  the  company  operating  the  road  on  which  the  accident 

2632  occurred  to  commission,  and  such  company  shall  furnish  commis- 
sion all  information  requested  by  it  concerning  the  cause  of  the 
accident.     CarrolVs  Stats,  igog,  sec.  yyj. 

MAINE  Whenever  a  serious  accident  occurs  within  the 

state  to  any  passenger  or  freight  train  on  any  railroad,  whether 
any  person  be  fatally  injured  or  otherwise,  notice  thereof  shall  be 

678 


2633  given  immediately  by  telegraph,  if  practicable,  otherwise  in  writ- 
ing, by  the  officers  of  the  company  operating  the  railroad  on 
which  the  accident  occurred,  to  commission.  Rev.  Stats.  1903, 
ch.  52,  sec.  66. 

In  the  event  of  any  such  accident,  commission  or  the  chair- 
man thereof,  shall,  if  they  or  he  deem  the  public  interests  require 
it,  cause  an  investigation  to  be  made  forthwith  by  commission, 
which  investigation  shall  be  held  in  the  locaHty  of  the  accident, 
unless,  for  reasons  touching  the  convenience  of  all  concerned, 
commission  shall  order  it  to  be  commenced  at  some  other  place; 
but  in  either  case,  the  investigation  may  be  adjourned  to  some 
other  suitable  and  convenient  place.  Commission  or  the  chair- 
man thereof,  shall  seasonably  notify  the  officers  of  the  company, 
and  also,  if  the  accident  shall  have  resulted  fatally  to  one  or  more 
persons,  the  coimty  attorney  of  the  county  where  the  accident  oc- 
curred, of  the  time  and  place  of  the  investigation.  Commission 
£  2634  may  issue  subpoenas  for  witnesses,  and  the  testimony  of  each  wit- 
ness shall  be  taken  before  a  sworn  stenographer  and  written  out 
in  full  and  signed  by  the  witness  either  at  the  time  of  the  investi- 
gation, or  as  soon  thereafter  as  practicable.  Prefixed  to  his  sig- 
nature shall  be  a  statement  that  the  deposition  has  been  carefully 
read  by  the  witness,  or  carefully  read  to  him,  before  signing.  Im- 
mediately after  the  investigation  commission  shall  make  a  special 
report,  stating  what  it  finds  to  be  the  cause  of  the  accident,  trans- 
mit copies  thereof  to  such  county  attorney,  and  the  railroad  cor- 
poration concerned,  and  publish  the  same  in  its  annual  report. 
The  taxable  costs  of  the  investigation  shall  be  made  up  and  cer- 
tified to  the  governor  and  coimcil  by  the  board,  and  the  same  shall 
be  paid  by  the  state.  Witnesses  in  all  such  cases  shall  be  allowed 
the  same  fees  as  in  the  supreme  judicial  court.     Same,  sec.  6y. 

MARYLAND  Commission  shall  investigate  the  cause  of  all 

accidents  on  any  railroad  or  street  railroad  which  result  in  loss  of 
life  or  injury  to  persons  or  property,  and  which  in  its  judgment 
shaU  require  investigation.  Every  common  carrier  is  hereby 
required  to  give  notice  to  commission  of  every  accident  happening 

2635  upon  any  line  of  railroad  or  street  railroad,  owned,  operated,  con- 
trolled or  leased  by  it,  within  30  days  after  the  happening  of  every 
such  accident,  or  in  such  manner  as  commission  may  direct. 
Such  notice  shall  not  be  admitted  as  evidence  or  used  for  any  pur- 
pose against  such  common  carrier  giving  such  notice  in  any  suit 
or  action  for  damages  growing  out  of  any  matter  mentioned  in 
said  notice.     Laws  igio,  ch.  180,  sec.  22. 

679 


MASSACHUSETTS  An  inquest  shall  be  held  in  all  cases  of  death  by 
accident  upon  a  railroad,  and  the  court  or  justice  holding  such  in- 
quest or  an  inquest  in  case  of  death  by  accident  upon  a  street 

2636  railway  shall  give  seasonable  notice  of  the  time  and  place  thereof 
to  commission.  The  attorney  general  or  the  district  attorney 
may  direct  an  inquest  to  be  held  in  the  case  of  death  by  any  cas- 
ualty.    Rev.  Laws  ipo2,  ch.  24,  sec.  11. 

If  a  magistrate  has  reason  to  believe  that  an  inquest  to  be 
held  by  him  relates  to  the  death  by  accident  of  a  passenger  or  em- 
ploye upon  a  railroad  or  of  a  traveler  upon  a  public  or  private  way 
at  a  railroad  crossing,  or  to  a  death  by  accident  connected  with 
the  operation  of  a  street  railway,  he  shall  cause  a  verbatim  report 
of  the  evidence  to  be  made  and  sworn  to  by  the  person  making 
it,  and  the  report  and  the  bill  for  services,  after  examination  and 

2637  approval  in  writing  by  such  magistrate,  shall  be  forwarded  forth- 
with to  commission.  Such  bill  when  approved  by  commission 
shall  be  forwarded  to  the  auditor  of  accoimts  and  be  paid  by  the 
commonwealth,  assessed  on  the  several  corporations  owning  or 
operating  the  railroad  or  street  railway  on  which  the  accident 
occurred  and  shall  be  collected  in  the  manner  provided  in  section 
ten  of  chapter  1 1 1 .  The  magistrate  may,  in  his  discretion,  refuse 
fees  to  witnesses  in  the  employ  of  the  company  upon  whose  rail- 
road the  accident  occurred.     Same,  sec.  14. 

Companies,  persons  and  municipalities  engaged  in  the  manu- 
facture and  sale  of  gas  or  electricity  for  light  or  fuel  shall,  within 
24  hours,  report,  in  writing,  to  commission  every  accident 
Caused  by  the  gas  or  electricity  manufactured  or  supplied  by 
them,  whereby  an  employe  or  other  person  is  injured,  killed  or 
rendered  insensible,  stating  the  time,  place  and  circumstances  of 

2638  the  accident  and  such  other  facts  relative  thereto  as  commission 
may  require.  The  chief  of  police  of  the  city  or  town,  and  the 
medical  examiner  of  the  district,  in  which  such  accident  occurs 
shall,  in  writing,  report  the  same  to  commission.  The  chief  of 
police  shall  so  report  within  24  hours,  and  the  medical  examiner 
within  seven  days,  after  he  has  notice  thereof.  The  members 
of  commission  shall  personally  investigate  all  cases  which  re- 
quire investigation.     Rev.  Laws  Jp02,  ch.  121,  sec.  jq. 

Commission  shall  investigate  the  causes  of  any  accident  on 

2639  a  railroad  or  railway  which  results  in  loss  of  life;  and  of  other 
accidents  which,  in  its  judgment,  require  investigation.  Acts 
jgo6y  ch.  463,  pL  iy  sec.  11. 

An  employe  may  make  complaint  in  writing  to  commission 

680 


S640  of  a  defect  in  the  ways,  works,  machinery  or  appHances  of  a 
raikoad  or  railway,  and  the  name  of  the  complainant  shall  not 
be  diviilged.     Same,  sec.  12. 

An  inspector  shall,  under  the  direction  of  commission,  inves- 
tigate as  promptly  as  may  be  any  accident  upon  a  railroad  or 
street  railway,  or  resulting  from  the  operation  thereof,  which 
causes  the  death  or  imperils  the  life  of  a  passenger,  employe  or 

2641  other  person,  and  shall  report  thereon  to  commission.  He  shall 
attend  the  inquest  held  in  the  case  of  any  such  death  by  accident, 
and  may  cause  any  person  who  has  knowledge  of  the  facts  or  cir- 
ctimstances  connected  with  such  death  to  be  simimoned  as  a  wit- 
ness to  testify  at  the  inquest.     Same,  sec.  57. 

Every  railroad  corporation  and  street  railway  company  shall 
give  immediate  notice  of  an  accident  on  its  railroad  or  railway, 
which  results  in  a  loss  of  life,  to  the  medical  examiner  of  the 
county  who  resides  nearest  to  the  place  of  accident,  and  shall  also, 

2642  within  24  hours,  give  notice  to  commission  of  any  such  accident 
or  of  any  accident  of  the  description  of  accidents  of  which  commis- 
sion may  require  notice  to  be  given.  For  each  omission  to  give 
such  notice,  the  corporation  or  company  shall  forfeit  not  more 
than  $100.     Same,  sec.  62. 

MICHIGAN  Every  common  carrier  shall,  whenever  an  acci- 

dent occurs  within  this  state  upon  its  line  or  road  or  on  its  depot 
grounds  or  yards,  give  such  notice  thereof  and  make  such  report 
thereof  to  commission  as  the  regulations  of  commission  shall 
require.  In  the  event  of  any  accident  commission,  if  it  deem  the 
public  interests  require  it,  shall  cause  an  investigation  to  be  made 
forthwith,  which  investigation  shall  be  held  within  the  locality  of 
the  accident,  unless  for  greater  convenience  of  those  concerned  it 

2643  shall  order  the  investigation  to  be  held  at  some  other  place,  and 
said  investigation  may  be  adjourned  from  place  to  place,  as  may 
be  found  necessary  and  convenient.  Commission  shall  season- 
ably notify  an  officer  of  the  company  of  the  time  and  place  of  the 
investigation.  The  cost  of  such  investigation  shall  be  certified 
by  the  chairman  of  commission,  and  the  same  shall  be  audited 
and  paid  by  the  state  in  the  same  manner  as  other  expenses  are 
audited  and  paid  and  record  or  file  of  said  proceedings  and  evidence 
shall  be  kept  by  commission.     Puh.  Acts  igog,  no.  joo,  sec.  jj. 

MINNESOTA  It  shall  be  the  duty  of  every  railroad  company 

operating  a  Hne  of  railroad  in  this  state  to  report  all  accidents, 
wrecks  or  casualties  occurring  in  this  state  to  commission.     This 

681 


is  intended  to  include  all  accidents,  wrecks  or  casualties  occurring 
in  the  operation  of  trains  or  engines  on  said  line  or  lines  of  railway 
within  this  state,  and  all  other  accidents  or  casualties  of  whatever 
natiire  as  may  be  required  under  rules  adopted  by  commission. 
Any  reports  to  commission  herein  required  shall  not  be  for  public 

2644  inspection.  All  accidents  or  wrecks  occurring  in  the  operation  of 
trains  or  engines  involving  loss  of  life  or  personal  injury,  shall  be 
immediately  reported  to  commission  by  telegraph  or  telephone 
message,  and  the  company  shall  forthwith  send  a  written  report  in 
detail  giving  full  particulars  available  in  such  form  as  commission 
may  require.  All  other  accidents,  including  accidents  resulting 
in  personal  injury  or  death,  other  than  train  accidents,  shall  be 
reported  to  commission  on  the  first  day  of  each  month,  covering 
the  preceding  month.  Laws  1905,  ch.  122,  sec.  i,  as  amended  by 
Laws  ipoy,  ch,  2go. 

Whenever  any  report  is  made  to  commission  involving  a 
wreck,  accident  or  casualty,  and  commission  deems  it  necessary, 
it  shall  forthwith  examine  into  the  causes  and  circumstances  of 
the  same,  and  it  shall  thereupon  be  the  duty  of  commission  to 
order  such  railroad  company  to  comply  with  any  reasonable 
requirement  prescribed  by  commission,  calculated  to  prevent 

2645  the  recurrence  of  any  such  wreck,  accident  or  casualty,  and  it 
shall  be  the  duty  of  commission  to  report  to  the  legislature  bien- 
nially a  summarized  statement  of  all  wrecks,  accidents  or  casual- 
ties reported,  together  with  a  recommendation  of  such  additional 
legislation  as  it  deems  proper  for  the  greater  protection  of  pas- 
sengers and  employes  of  railroad  companies.  Same,  sec.  2,  as 
amended  by  Laws  igoy,  ch.  290. 

Every  person  who  shall  violate  any  of  the  provisions  of  this 
act  shall  be  guilty  of  a  misdemeanor  and  shall  be  punished  by  a 

2646  fine  of  not  less  than  $100  nor  more  than  $1 ,000  or  imprisonment  in 
the  coimty  jail  for  not  less  than  30  days  nor  more  than  one  year, 
or  shall  suffer  both  such  fine  and  imprisonment  in  the  discretion 
of  the  court.     Same,  sec.  3. 

MISSISSIPPI  It  is  the  duty  of  the  conductor  and  engineer,  or 

one  of  them,  of  any  railroad  train  to  which  an  accident  has  hap- 
pened, attended  with  delay  or  serious  personal  injury,  to  immedi- 
ately telegraph  the  same  to  the  clerk  of  commission,  at  the  capitol, 
or  if  there  be  not  a  telegraph  office  where  such  accident  occurs,  as 
soon  thereafter  as  they  can  reach  such  office.  And  it  shall  be  the 
duty  of  the  superintendent  of  every  railroad  whose  train  has 

2647  suffered  any  such  accident,  within  five  days  thereafter,  to  report  in 

682 


writing  to  commission  the  full  particulars  thereof,  giving  the  names 
of  the  persons  killed  or  injured,  if  known,  and  amount  and  char- 
acter of  property  destroyed  together  with  the  cause  of  the  acci- 
dent. It  is  the  duty  of  the  railroad  to  require  such  duties  to  be 
performed;  and  if  any  railroad  whose  train  has  suffered  any  such 
accident,  shall  fail  to  cause  its  conductor,  engineer,  and  super- 
intendent to  perform  such  duties,  it  shall  forfeit  the  sum  of  $ioo 
to  be  recovered  by  any  individual.     Code  igo6,  sec.  4861. 

One  or  more  of  the  commissioners  shall  visit  promptly  the 
scene  of  every  accident  to  a  railroad  train  accompanied  by  death 
or  serious  bodily  injury  to  a  himian  being,  and  inquire  into  the 

2648  facts  and  circumstances,  and  make  a  proper  report  thereof,  to  be 
recorded  in  the  minutes  and  embraced  in  the  annual  report,  with 
proper  reference  to  the  report  of  the  superintendent.  Same, 
sec.  4862. 

MONTANA  Commission  or  some  members  thereof,  to  be 

deputed  by  it,  shall  investigate  and  make  inquiry  into  every  acci- 
dent occurring  in  the  operation  of  any  railroad  in  this  state, 

2649  resulting  in  death  or  injury  to  any  person,  of  such  gravity  as  to 
require  the  attention  of  a  physician  or  surgeon,  or  in  the  destruc- 
tion of  property  greater  in  value  than  $2000.  The  testimony 
taken  on  any  such  hearing  shall  be  transcribed  and  filed  in  the 
office  of  commission.     Reu.  Codes  iQoy,  sec.  4379. 

It  is  hereby  made  the  duty  of  every  railroad  company  operat- 
ing any  line  of  railroad  within  this  state  promptly  upon  the  occur- 
rence or  in  connection  with  the  operation  of  its  line  within  the 

2650  state,  of  any  accident  such  as  is  mentioned  in  the  next  preceding 
section,  to  report  the  same  to  commission,  in  which  report  shall 
be  stated  the  time  and  place  of  the  accident,  the  names  of  the  per- 
sons killed  or  injured,  and  the  value  of  any  property  destroyed. 
Same,  sec.  4380. 

NEVADA  Every  railroad  shall,  whenever  an  accident 

attendant  with  loss  of  himian  life  occurs  within  this  state,  upon 
its  line  of  road  or  on  its  depot  grounds  or  yards,  give  immediate 
notice  thereof  to  commission.  In  the  event  of  any  such  accident, 
commission,  if  it  deem  the  public  interest  requires  it,  shall  cause 
"an  investigation  to  be  made  forthwith,  which  investigation  shall 
be  held  in  the  locality  of  the  accident,  unless,  for  greater  conven- 
ience of  those  concerned,  it  shall  order  such  investigation  to  be 

2651  held  at  some  other  place,  and  said  investigation  may  be  adjourned 
from  place  to  place  as  may  be  fotmd  necessary  and  convenient. 

683 


Commission  shall  seasonably  notify  an  officer  or  station  agent  of 
the  company  of  the  time  and  place  of  the  investigation.  The  cost 
of  such  investigation  shall  be  certified  by  the  chairman  of  commis- 
sion, and  the  same  shall  be  audited  and  paid  by  the  state  in  the 
same  manner  as  other  expenses  are  audited  and  paid  and  a  record 
or  file  of  said  proceedings  and  evidence  shall  be  kept  by  commis- 
sion.    Stats,  igoy,  ch.  44,  sec.  jo. 

Every  public  utility  shall,  whenever  an  accident  occurs  in 
the  conduct  of  its  operation,  causing  death  or  personal  injuries, 

2662  give  immediate  notice  thereof,  to  commission.  If  in  its  judgment 
the  public  interest  requires  it,  commission  shall  cause  an  investi- 
gation to  be  made  forthwith,  at  such  place  and  in  such  manner  as 
commission  shall  deem  it  best.     Stats,  igii,  ch.  162,  sec.  27. 

NEW  HAMPSHIRE  Commission  shall  investigate  the  causes  of  all 
accidents  happening  upon  the  railroads  of  the  state  resulting  in 
the  loss  of  life  and  of  all  other  accidents  so  happening  which  in  the 
opinion  of  commission  ought  to  be  investigated.     Any  such  inves- 

2663  tigation  may  be  made  by  the  fuU  commission  or  by  a  single  com- 
missioner, as  commission  may  determine.  If  such  investigation 
is  made  by  a  single  commissioner,  said  commissioner  for  the 
purposes  of  the  partictdar  investigation  shall  have  and  exercise 
all  the  powers  of  the  full  commission.     Laws  191 1,  ch.  164,  sec.  75. 

NEW  JERSEY  Commission  may  after  hearing,  upon  notice, 

by  order  in  writing,  require  every  public  utility  to  give  such  notice 
to  commission  as  commission  may  by  rule  require  of  any  and  all 
accidents  which  may  occur  within  this  state  upon  the  property 

2664  of  any  public  utility  or  directly  or  indirectly  arising  from  or  con- 
nected with  its  maintenance  or  operation,  and  to  investigate 
any  such  accident  and  to  make  such  order  or  recommendation 
with  respect  thereto  as  in  its  judgment  may  be  just  and  reason- 
able.    Laws  igii,  ch.  195,  sec.  iy{g). 

NEW  YORK  Each  commission  shall  investigate  the  cause  of 

all  accidents  on  any  railroad  or  street  railroad  within  its  district 
which  result  in  loss  of  life  or  injury  to  persons  or  property,  and 
which  in  its  judgment  shall  require  investigation.  Every  com- 
mon carrier,  railroad  corporation  and  street  railroad  corporation 
is  hereby  required  to  give  immediate  notice  to  commission  of 

2666  every  accident  happening  upon  any  line  of  railroad  or  street 
railroad  owned,  operated,  controlled  or  leased  by  it,  within  the 
territory  over  which  such  commission  has  jurisdiction  in  such 
manner  as  commission  may  direct.     Such  notice  shall  not  be  ad- 

684 


mitted  as  evidence  or  used  for  any  purpose  against  such  common 
carrier,  railroad  corporation  or  street  railroad  corporation  giving 
such  notice  in  any  suit  or  action  for  damages  growing  out  of  any 
matter  mentioned  in  said  notice.     Laws  igio,  ch.  480,  sec.  47. 

NORTH  CAROLINA  Commission  may  investigate  the  causes  of  any 
accident  on  a  railroad  or  steamboat  which  it  may  deem  to  require 

2656  investigation,  and  any  evidence  taken  upon  such  investigation 
shall  be  reduced  to  writing,  filed  in  the  office  of  commission,  and 
be  subject  to  public  inspection.     PeWs  Revtsal  1Q08,  sec.  1065. 

NORTH  DAKOTA  It  shall  be  the  duty  of  every  railroad  company 
operating  a  line  of  railway  in  this  state  to  report  to  commission 
all  accidents,  wrecks,  or  casualties  occurring  in  the  operation  of 

2657  trains  on  said  line  or  lines  of  railway  within  this  state,  coming 
within  the  knowledge  of  the  company,  wherein  any  person  is 
either  killed  or  injured,  within  reasonable  time,  not  exceeding  60 
days,  in  such  form  as  commission  may  require.  Laws  igoy,  ch. 
20^,  sec.  I. 

Whenever  any  such  report  is  made  to  commission  it  shall 
forthwith  examine  into  the  causes  and  circimistances  of  such 
wreck,  accident  or  casualty,  and  it  shall  thereupon  be  the  duty 
of  commission  to  order  such  railroad  company  to  comply  with 
any  reasonable  requirements  prescribed  by  commission  calcu- 

2658  lated  to  prevent  the  recurrence  of  any  such  wreck,  accident  or 
casualty,  and  it  shall  be  the  duty  of  commission  to  report  to  the 
legislature  biennally  a  summarized  statement  of  all  wrecks,  acci- 
dents or  casualties  that  have  come  to  its  knowledge  by  reason  of 
this  act,  together  with  a  recommendation  of  such  additional  legis- 
lation as  it  deem  proper  for  the  greater  protection  of  passengers 
and  employes  of  such  railroads.     Same,  sec.  2. 

Every  person  who  shall  violate  any  of  the  provisions  of  this 
act  shall  be  guilty  of  a  misdemeanor  and  shall  be  punished  by  a 

2659  fine  of  not  less  than  $500  nor  more  than  $2 ,000  or  imprisonment  in 
the  county  jail  for  not  less  than  30  days  nor  more  than  one  year, 
or  shall  suffer  both  such  fine  and  imprisonment  in  the  discretion 
of  the  court.     Same,  sec.  3. 

OHIO  Whenever  an  accident  attended  with  loss  of 

human  life  occurs  within  this  state  upon  the  line  of  any  railroad 

2660  or  on  the  depot  grounds  or  yards  thereof,  such  railroad  shall  give 
immediate  notice  thereof  to  commission.     Code  igio,  sec.  S73- 

In  case  of  such  accident,  commission,  if  it  deems  the  public 
interest  requires  it,  shall  cause  an  investigation  to  be  made  forth- 

685 


with  which  shall  be  held  in  the  locality  of  the  accident,  unless,  for 
greater  convenience  of  those  concerned,  it  shall  order  it  held  at 

2661  some  other  place.  Such  investigation  may  be  adjourned  from 
place  to  place  as  it  may  be  found  necessary  and  convenient. 
Commission  shall  give  reasonable  notice  to  an  officer  or  station 
agent  of  the  company  of  the  time  and  place  of  the  investigation. 
Same,  sec.  574. 

The  cost  of  such  investigation  shall  be  certified  by  the  chair- 

2662  man  of  commission,  and  audited  and  paid  by  the  state  as  other 
expenses.  A  record  or  file  of  the  proceedings  and  evidence  shall 
be  kept  by  commission.     Same,  sec.  ^yj. 

OREGON  Every   railroad  shall,  whenever  an  accident 

attended  with  loss  of  human  life  or  limb,  or  with  serious  injury  to 
person  or  property,  occurs  within  this  state  upon  its  line  of  road  or 
on  its  depot  grounds  or  yards,  give  immediate  notice  thereof  to 
commission,  stating  the  particulars  thereof;  provided,  that 
neither  said  report  nor  any  part  thereof  shall  be  used  as  evidence 
or  used  for  any  purpose  against  such  railroad  so  making  such  re- 
port in  any  suit  or  action  for  damages  growing  out  of  any  matter 
mentioned  in  said  report.  In  the  event  of  any  such  accident 
commission,  if  it  deem  the  public  interest  requires  it,  shall  cause 

2663  an  investigation  to  be  made  forthwith,  which  investigation  shall 
be  held  in  the  locality  of  the  accident,  unless,  for  greater  conven- 
ience of  those  concerned,  it  shall  order  such  investigation  to  be 
held  at  some  other  place,  and  said  investigation  may  be  adjourned 
from  place  to  place  as  may  be  found  necessary  and  convenient. 
Commission  shall  seasonably  notify  an  officer  or  station  agent  of 
the  company  of  the  time  and  place  of  the  investigation.  The  cost 
of  such  investigation  shall  be  certified  by  commission  and  the 
same  shall  be  audited  and  paid  by  the  state  in  the  same  manner 
as  other  expenses  are  audited  and  paid.  Gen.  Laws  igoy,  ch.  53, 
sec.  56. 

Every  public  utility  shall,  whenever  an  accident  attended 
with  loss  of  human  life  occurs  within  this  state  upon  its  premises, 
or  directly  or  indirectly  arises  from  or  connected  with  its  main- 
tenance or  operation,  give  immediate  notice  thereof  to  commis- 
sion. In  the  event  of  any  such  accident  commission,  if  it  deem 
the  public  interest  require  it,  shall  cause  an  investigation  to  be 

2664  made  forthwith,  which  investigation  shall  be  held  in  the  locality 
of  the  accident,  unless  for  greater  convenience  of  those  concerned 
it  shall  order  such  investigation  to  be  held  at  some  other  place; 
and  said  investigation  may  be  adjourned  from  place  to  place  as 

686 


may  be  found  necessary  and  convenient.  Commission  shall 
seasonably  notify  the  public  utility  of  the  time  and  place  of  the 
investigation.     Gen.  Laws  ipii,  ch.  2yg,  sec.  /j. 

PENNSYLVANIA  Commission  shall  investigate  the  cause  of  any 
accident  on  the  lines  or  property  of  any  common  carrier,  resulting 
in  loss  of  life  or  injury  to  persons,  within  30  days  of  the  happen- 
ing of  said  accident,  when,  in  their  judgment,  said  accident  shall 
require  investigation;  and  shall  advise  said  common  carrier  of 
the  result  of  said  investigation,  within  60  days  from  the  happen- 

2665  ing  of  said  accident,  and  shall  include  the  result  of  said  investiga- 
tion in  their  reports.  Before  making  any  such  examination  or 
investigation,  under  this  section,  reasonable  notice  shall  be  given 
to  the  corporation,  person  or  persons,  conducting  and  managing 
such  common  carrier,  of  the  time  and  place  of  commencing  the 
same.  The  general  superintendent  or  manager  of  every  com- 
mon carrier  shall  inform  commission  of  any  such  accident  imme- 
diately after  its  occurrence.     Laws  igoj,  no.  2^0,  sec.  zj. 

RHODE  ISLAND  Every  public  utility  shall,  whenever  any  acci- 
dent attended  with  loss  of  human  life,  or  serious  injury  occurs 
within  this  state,  directly  or  indirectly  arising  from  or  connected 
with  its  maintenance  or  operation,  give  immediate  notice  thereof 
to  commission.  In  the  event  of  any  such  accident,  commission, 
if  it  deem  public  interest  requires  it,  shall  cause  an  investigation 
to  be  made  forthwith,  which  investigation  shall  be  held  in  the  lo- 
cality of  the  accident,  unless  for  the  greater  convenience  of  those 
concerned,  it  shall  order  the  investigation  to  be  held  at  some  other 
place ;  and  said  investigation  may  be  adjourned  from  place  to  place 

S666  as  may  be  found  necessary  and  convenient.  Commission  shall 
reasonably  notify  the  public  utility  of  the  time  and  place  of  the  in- 
vestigation. The  notice  herein  required  to  be  given  shall  not  be 
admitted  as  evidence  or  used  for  any  purpose  against  such  public 
utility  giving  such  notice,  in  any  suit,  action  or  proceeding  brought 
for  damages  growing  out  of  any  matter  mentioned  in  said  notice; 
nor  shall  such  notice  be  admitted  as  evidence  or  be  used  for  any 
piirpose  in  any  criminal  proceeding  brought  against  the  public 
utility  giving  such  notice,  or  against  any  of  its  officers,  agents  or 
employes,  growing  out  of  any  matter  mentioned  in  such  notice. 
Acts  1Q12,  ch.  yg^,  sec.  4Q. 

SOUTH  CAROLINA  Commission  shall  investigate  the  causes  of  any 
2667  accident  on  a  railroad  resulting  in  loss  of  life,  and  of  any  accident 

687 


not  so  resiilting,  which  in  their  judgment,  shall  require  investiga- 
tion.^Gen.  Stats.  igo2,  sec.  2oyi. 

Every  railroad  corporation  shall  cause  immediate  notice  of 
any  accident  which  may  occur  on  its  road,  attended  with  injury 
to  any  person,  in  such  cases  of  accident  attended  with  any  injury 
to  any  person,  as  commission  may  by  rules  and  regulations  adopt- 
ed by  it  require  the  giving  of  such  notices,  to  be  given  to  a  physi- 
cian most  accessible  to  the  place  of  accident  and  to  commission 
by  telegraph,  telephone  or  such  other  means  as  may  be  the  quick- 
est under  the  circumstances,  at  the  same  time  that  notice  is  given 

2668  the  officials  of  the  road  on  which  the  accident  occurred,  and  shall 
furnish  immediate  transportation  for  commission  over  its  line  to 
the  place  of  accident,  free  of  expense  to  commission,  and  if  com- 
mission use  another  railroad  to  reach  the  place  of  accident,  the 
corporation  on  whose  line  the  accident  occurs  shall  pay  the 
expenses  of  transportation  thereon,  and  shall  also  give  notice  in  like 
manner  of  any  accident  falling  within  any  description  of  accidents 
of  which  commission  may  by  general  regulation  require  notice 
to  be  given.  For  each  omission  to  give  such  notice  the  cor- 
poration shall  forfeit  a  sum  not  exceeding  $500.     Same,  sec.  2ijy. 

SOUTH  DAKOTA  It  shall  be  the  duty  of  every  railroad  company 
operating  a  line  of  railroad  in  this  state  to  report  all  accidents, 
wrecks  or  casualties  occurring  in  this  state  to  commission.  This 
is  intended  to  include  all  accidents,  wrecks  or  casualties  occur- 
ring in  the  operation  of  trains  or  engines  on  said  line  or  lines  of 
railway  within  this  state,  and  all  other  accidents  or  casualties  of 
whatever  nature  as  may  be  required  under  rules  adopted  by  com- 
mission.   Any  reports  to  commission  herein  required  shall  not  be 

2669  for  public  inspection.  All  accidents  or  wrecks  occurring  in  the 
operation  of  trains  or  engines  involving  loss  of  life  or  personal 
injury,  shall  be  immediately  reported  to  the  secretary  of  commis- 
sion by  telegraph  or  telephone  message,  and  the  company  shall 
forthwith  send  a  written  report  in  detail  giving  full  particulars 
available  in  such  form  as  commission  may  require.  All  other 
accidents,  including  accidents  resulting  in  personal  injury  or 
death  other  than  train  accidents,  shall  be  reported  to  commission 
on  the  first  day  of  each  month  covering  the  preceding  month. 
Sess.  Laws  igog,  ch.  75,  sec.  i. 

Whenever  any  report  is  made  to  commission  involving  a 
wreck,  accident  or  casualty,  and  commission  deems  it  necessary, 
it  shall  forthwith  examine  into  the  causes  and  circumstances  of 

2670  the  same,  and  it  shall  thereupon  be  the  duty  of  commission  to 

688 


order  such  railroad  company  to  comply  with  any  reasonable  re- 
quirement prescribed  by  commission  calculated  to  prevent  the 
recurrence  of  any  such  wreck,  accident  or  casualty.  Same,  sec.  2. 
Every  person  or  corporation  who  shall  violate  any  of  the  pro- 
visions of  this  act  shall  be  guilty  of  a  misdemeanor  and  shall 
8671  be  pimished  by  a  fine  of  not  less  than  $100  nor  more  than  $1,000, 
or  imprisonment  in  the  county  jail  for  not  less  than  30  days  nor 
more  than  one  year,  or  shall  suffer  both  such  fine  and  imprison- 
ment in  the  discretion  of  the  court.     Same,  sec.  j. 

VERMONT  The  general  superintendent  or  manager  of  a 

railroad  doing  business  in  this  state  shall  inform  commission  in 
writing  of  every  accident  upon  his  road,  resulting  in  loss  of  life  or 

2672  injury  to  any  person,  and  of  every  collision  and  derailment  of 
trains  on  the  same,  immediately  after  its  occurrence.  If  such 
accident  results  in  loss  of  life  or  serious  injury  to  the  person  of  a 
passenger,  such  information  shall  be  given  by  telegraph.  Pub. 
Stats.  1Q06,  sec.  4608. 

Commission  shall  inquire  into  the  cause  of  every  accident  on 
a  railroad  resiilting  in  loss  of  life,  and,  in  its  judgment,  into  any 
accident,  collision  or  derailment  of  trains  not  so  resulting.  If, 
in  its  judgment,  a  public  investigation  is  necessary  in  the  interests 
of  public  safety,  it  shall  fix  a  time  and  place  of  holding  the  same 
and  shall  summon  the  person  or  corporation  operating  such  rail- 
road, the  parties  known  to  have  been  injured  in  the  accident,  and, 
if  known,  a  representative  or  friend  of  a  person  killed  thereby,  to 
appear  and  give  evidence  regarding  the  cause  of  such  accident. 
Commission  shall  also  notify  the  state's  attorney  of  the  county  in 
which  the  accident  occurred,  who  shall  investigate  the  cause  of 

2673  such  accident,  produce  witnesses  who  can  give  evidence  in  regard 
to  the  same,  and  attend  and  represent  the  state  at  such  hearing. 
All  parties  simimoned,  and  other  persons  interested,  may  appear 
and  be  made  parties  thereto,  may  produce  witnesses  or  other  evi- 
dence, and  be  represented  by  counsel.  The  person  or  corpora- 
tion operating  the  railroad  shall  produce,  on  notice  from  com- 
mission, all  trainmen  and  other  employes  who  can  give  perti- 
nent evidence  in  regard  to  the  cause  of  the  accident,  free  of 
expense  to  the  state.  Commission  shall  make  public  its  de- 
termination in  regard  to  the  cause  of  the  accident  so  investi- 
gated, and  cause  a  permanent  record  thereof  to  be  made.  Same, 
sec.  46 og. 

The  superintendent  or  manager  of  any  line  or  plant,  subject 
689 


to  supervision  under  this  act,  shall  immediately  after  its  occur- 
rence notify  commission  in  writing  of  any  accident  within  this 
state  upon  such  line  or  plant  resulting  in  loss  of  life,  or  injury  to 
any  person  which  shall  incapacitate  him  from  engaging  in  his 
2674  usual  vocations.  Commission  shall  inquire  into  the  cause  of 
every  such  accident,  and  if,  in  its  judgment,  a  public  investigation 
is  necessary,  it  shall  fix  a  time  and  place  of  holding  the  same,  and 
thereupon  proceed  as  provided  in  section  4609  of  the  Public  Stat- 
utes relating  to  investigation  of  accidents  upon  railroads.  Laws 
1Q08,  no.  ii6y  sec.  7. 

VIRGINIA  Notice  of  every  accident  which  occurs,  at- 

tended with  loss  of  life  or  injury  to  person,  shall  be  given  within 

2676  five  days  thereafter  by  the  company  operating  the  railroad  on 
which  the  accident  occurred  to  commission,  and  such  company 
shall  furnish  commission  all  information  requested  by  it  concern- 
ing the  cause  of  the  accident.  Pollard'' s  Code  1904,  sec.  I2g4d{^2). 
Commission  may  investigate  the  cause  of  any  accident  on 

2676  any  transportation  line  which,  in  its  judgment,  shall  require  inves- 
tigation.    Same,  sec.  iSiJO'isy). 

WASHINGTON  Every  public  service  company  is  hereby  re- 

quired to  give  immediate  notice  to  commission  of  every  accident 
resulting  in  death  or  injury  to  any  person  occurring  on  its  lines, 
plant  or  system,  in  such  manner  as  commission  may  prescribe. 
Commission  may  require  reports  to  be  made  by  any  common  car- 

2677  rier  of  all  wrecks,  collisions  or  derailments  occurring  on  the  line 
of  any  such  common  carrier.  Such  notice  shall  not  be  admitted 
as  evidence  or  used  for  any  purpose  against  such  public  service 
company  giving  such  notice  in  any  suit  or  action  for  damages 
growing  out  of  any  matter  mentioned  in  such  notice.  Laws  191 1, 
ch.  iiy,  sec.  6j. 

Commission  is  hereby  authorized  and  directed  to  investigate 
all  accidents  that  may  occtir  upon  the  lines  of  any  common  car- 
rier resulting  in  loss  of  life,  to  any  passenger  or  employe,  and  may 
investigate  any  and  all  accidents  or  wrecks  occurring  on  the  line 
of  any  such  common  carrier,  or  any  accident  resulting  in  death  or 

2678  injury  to  any  person  occiuring  in  connection  with  the  plant  or  sys- 
tem of  any  public  service  company.  Notice  of  such  investigation 
shall  be  given  in  all  cases  for  a  sufficient  length  of  time  to  enable 
the  public  service  company  affected  to  participate  in  the  hearing, 
and  such  notice  may  be  given  orally  or  in  writing,  in  such  manner 
as  commission  may  prescribe.    Same. 

690 


Such  witnesses  may  be  examined  as  commission  may  deem 
necessary  and  proper  to  thoroughly  ascertain  the  cause  of  the  ac- 
cident or  wreck  and  fix  the  responsibility  therefor.  Such  examina- 
tion and  investigation  may  be  conducted  by  the  inspector  or  any 

2679  deputy  inspector,  and  such  inspector  or  deputy  inspector  may  ad- 
minister oaths,  issue  subpoenas  and  compel  the  attendance  of 
witnesses,  and  when  such  examination  is  conducted  by  the  inspec- 
tor or  deputy  inspector,  he  shall  make  a  full  and  complete  report 
thereof  to  commission.     Same. 

WISCONSIN  It  shall  be  the  duty  of  every  railroad  company 

to  report  to  commission  all  collisions,  derailments,  or  other  acci- 
dents resulting  in  injur>^  to  persons,  equipment,  or  roadway  aris- 
ing from  the  operation  of  such  railroad.  Commission  shall  issue 
such  rules  concerning  the  reporting  of  accidents  as  may  be  re- 

2680  quired,  and  may  also,  if  it  deems  that  public  interests  require, 
cause  an  investigation  of  any  accident.  The  cost  of  such  inves- 
tigation shall  be  certified  by  the  chairman  of  commission,  and  the 
same  shall  be  audited  and  paid  by  the  state  in  the  same  manner 
as  other  expenses  are  audited  and  paid.  Laws  igoj,  ch.  j62,  sec. 
lypy-jo  as  amended  by  Laws  igii,  ch.  4^2. 

Every  public  utility  shall,  whenever  an  accident  attended 
with  loss  of  himian  life  occurs  within  this  state  upon  its  premises 

2681  or  directly  or  indirectly  arising  from  or  connected  with  its  main- 
tenance or  operation,  give  immediate  notice  thereof  to  commis- 
sion.    Laws  igoy,  ch.  4g9,  sec.  iygym-ioi{i). 

In  the  event  of  any  such  accident  commission,  if  it  deem 
public  interest  require  it,  shall  cause  an  investigation  to  be  made 
forthwith,  which  investigation  shall  be  held  in  the  locality  of  the 
accident,  unless  for  greater  convenience  of  those  concerned  it 

2682  shall  order  such  investigation  to  be  held  at  some  other  place ;  and 
said  investigation  may  be  adjourned  from  place  to  place  as  may 
be  found  necessary  and  convenient.  Commission  shall  season- 
ably notify  the  public  utility  of  the  time  and  place  of  the  investi- 
gation.    Same,  sec.  i'/Q'/m-ioi{2). 


691 


CHAPTER   IX 

Accounts 


SCOPE  NOTE       • 

This  chapter  includes  grants  of  power  authorizing 
commissions  to  prescribe  systems  of  accounts  and  to  regu- 
late accounting  practices.  It  includes  provisions  giving 
commissions  the  right  of  access  to,  and  inspection  of,  the 
books  and  records  of  utilities  only  insofar  as  these  rights 
are  granted  strictly  for  the  purpose  of  regulating  accounts. 
For  provisions  incidentally  involving  questions  of  ac- 
counts, see  ch.  x,  on  reports.  For  provisions  requiring 
utilities  to  keep  accounts  of  the  rates  and  charges  imposed 
by  them  pending  judicial  review  of  orders  of  commissions, 
see  ch.  xv,  on  enforcement.  For  provisions  authorizing 
commissions  to  inspect  the  books,  records  and  memoranda 
of  utilities  for  general  purposes  of  regulation,  see  ch.  ii, 
on  general  powers  of  commissions.  For  provisions  au- 
thorizing commissions  to  order  the  production  of  books, 
records  and  memoranda^  see  ch.  xiv,  on  commission 
procedure  and  practice.  For  provisions  prescribing  gen- 
eral procedure  to  be  followed  in  the  exercise  of  commission 
authority,  see  ch.  xiv,  on  commission  procedure  and 
practice.  For  provisions  prescribing  general  rules  of 
enforcement  and  judicial  review,  see  ch.  xv,  on  enforce- 
ment. For  general  statement  of  scope  and  method,  see 
mtroduction. 


ANALYSIS 

Page 

A.  General  authority  of  commission  to  regulate  accounts  and  prescribe  ac- 

counting practices 694 

B.  Depreciation  Accounts 707 

C.  Construction  Accounts 709 

D.  Authority  of  commission  to  have  access  to  books  and  records  of  utilities 

and  to  inspect  or  examine  the  same 710 


693 


A.  GENERAL  AUTHORITY  OF  COMMISSION 
TO  REGULATE  ACCOUNTS  AND  PRESCRIBE 
ACCOUNTING   PRACTICES. 

UNITED  STATES  Commission  may,  in  its  discretion,  for  the  pur- 
pose of  enabling  it  the  better  to  carry  out  the  purposes  of  this  act, 

2683  prescribe  a  period  of  time  within  which  all  common  carriers  shall 
have,  as  near  as  rfiay  be,  a  uniform  system  of  accounts,  and  the 
manner  in  which  such  accounts  shall  be  kept.  Act  to  Regulate 
Commerce,  sec.  20. 

Commission  may,  in  its  discretion,  prescribe  the  forms  of 
any  and  all  accounts,  records,  and  memoranda  to  be  kept  by  car- 

2684  riers,  including  the  accounts,  records,  and  memoranda  of  the 
movement  of  traffic  as  well  as  the  receipts  and  expenditures  of 
moneys.     Same. 

Any  person  who  shall  wilfully  make  any  false  entry  in  the 
accounts  of  any  book  of  accounts  or  in  any  record  or  memoranda 
kept  by  a  carrier,  or  who  shall  wilfully  destroy,  mutilate,  alter, 
or  by  any  other  means  or  device  falsify  the  record  of  any  such 
account,  record,  or  memoranda,  or  who  shall  wilfully  neglect  or 
fail  to  make  full,  true  and  correct  entries  in  such  accounts,  records 
or  memoranda  of  all  facts  and  transactions  appertaining  to  the 
carrier's  business,  or  shall  keep  any  other  accounts,  records,  or 
memoranda  than  those  prescribed  or  approved  by  commission, 

2685  shall  be  deemed  guilty  of  a  misdemeanor,  and  shall  be  subject, 
upon  conviction  in  any  court  of  the  United  States  of  competent 
jurisdiction,  to  a  fine  of  not  less  than  $1,000  nor  more  than  $5,000 
or  imprisonment  for  a  term  of  not  less  than  one  year  nor  more 
than  three  years,  or  both  such  fine  and  imprisonment:  provided, 
that  commission  may  in  its  discretion  issue  orders  specifying 
such  operating,  accounting,  or  financial  papers,  records,  books, 
blanks,  tickets,  stubs,  or  documents  of  carriers  which  may,  after 
a  reasonable  time,  be  destroyed,  and  prescribing  the  length  of 
time  such  books,  papers,  or  documents  shall  be  preserved.     Same. 

In  case  of  failure  or  refusal  on  the  part  of  any  such  carrier, 
receiver,  or  trustee  to  keep  such  accounts,  records,  and  memor- 
anda on  the  books  and  in  the  manner  prescribed  by  commission, 
or  to  submit  such  accotmts,  records,  and  memoranda  as  are  kept 

2686  to  the  inspection  of  commission  or  any  of  its  authorized  agents 
or  examiners,  such  carrier,  receiver,  or  trustee  shall  forfeit  to  the 
United  States  the  sum  of  $500  for  each  such  offense  and  for  each 

694 


and  every  day  of  the  continuance  of  such  offense,  such  forfeitures 
to  be  recoverable  in  the  same  manner  as  other  forfeitures  pro- 
vided for  in  this  act.     Same. 

\    ALABAMA  Commission  may,  when  it  deems  it  advisable 

to  do  so,  establish  a  uniform  system  of  accounts  to  be  used  by 
common  carriers,  railroad  and  street  railroad  corporations  and 
may  prescribe  the  manner  in  which  such  accounts  shall  be  kept. 
It  may  also,  in  its  discretion,  prescribe  the  form  of  accounts, 
records  and  memoranda  to  be  kept,  including  the  accounts, 
records  and  memoranda  of  the  movement  of  traffic,  as  well  as 

2687  the  receipts  and  expenditures  of  moneys.  The  system  of  ac- 
counts established  by  commission  and  the  forms  of  accounts, 
records  and  memoranda  prescribed  by  it  as  provided  above,  shall 
conform  as  near  as  may  be  to  those  from  time  to  time  estab- 
lished and  prescribed  by  the  interstate  commerce  commission, 
but  commission  may  vary  said  systen  and  forms  from  time  to 
time,  in  such  manner,  and  require  such  additional  accounts, 
records  and  memoranda  to  be  kept,  as  it  may  deem  expedient  or 
necessary.     Acts  igo'j,  sp.  sess.  no.  77,  sec.  j. 

In  case  of  the  failure  or  refusal  on  the  part  of  any  such  com- 
mon carrier  or  railroad  corporation  to  keep  such  accounts,  records 
and  memoranda  as  are  prescribed  in  sections  three  and  four  of  this 
act,  or  as  have  been  or  may  be  prescribed  by  commission,  and  in 
such  manner  as  is  prescribed,  or  to  submit  all  such  accounts, 
records,  memoranda,  books,  documents  and  contracts  as  are  kept, 
to  the  inspection  and  examination  of  commission,  or  any  member 
thereof,  or  any  of  its  authorized  agents  or  examiners  or  em- 

2688  ployes,  or  shall  fail  or  refuse  to  furnish  the  information  as  re- 
quired in  said  sections  to  be  furnished,  such  common  carrier  or 
railroad  corporation  shall  forfeit  to  the  state  the  sum  of  $100  for 
each  such  offense  and  for  each  and  every  day  of  the  continuance 
of  such  offense;  and  the  act  of  any  director,  officer,  agent  or  other 
person  acting  for  or  employed  by  such  carrier  or  railroad  cor- 
poration, acting  within  the  scope  of  his  official  duties,  in  such 
failure  or  refusal,  shall  be,  and  be  deemed  to  be,  the  act  of  such 
common  carrier  or  railroad  corporation.     Same,  sec.  5. 

See  also  par.  2'/ 54. 

ZONA,  CALIFORNIA 

Commission  may  establish  a  system  of  ac- 
counts to  be  kept  by  public  service  corporations  ^  or  classify  said 
public  service  corporations  ^  and  establish  a  system  of  accounts  for 

'"Public  utility,"  in  California. 

69s 


each  class,  and  prescribe  the  manner  in  which  such  accounts 
shall  be  kept.  It  may  also  in  its  discretion  prescribe  the  forms 
of  accounts,  records  and  memoranda  to  be  kept  by  such  public 

2689  service  corporations,^  including  the  accounts,  records  and  mem- 
oranda of  the  movement  of  traffic  as  well  as  the  receipts  and  ex- 
penditures of  moneys,  and  any  other  forms,  records  and  mem- 
oranda w^hich  in  the  judgment  of  commission  may  be  necessary 
to  carry  out  any  of  the  provisions  of  this  act.  Ariz. — Sess. 
Laws  IQI2,  ch.  go,  sec.  48;  Cal. — Stats.  191 1,  ist.  ex.  sess.,  ch.  14, 
sec.  48. 

The  system  of  accounts,  established  by  commission  and  the 
forms  of  accounts,  records  and  memoranda  prescribed  by  it  shall 
not  be  inconsistent  in  the  case  of  corporations  subject  to  the  pro- 
visions of  the  act  of  Congress  entitled  ''An  act  to  regulate  com- 
merce," approved  February  4,  1887,  and  the  acts  amendatory 
thereof  and  supplementary  thereto,  with  the  systems  and  forms 

2690  from  time  to  time  established  for  such  corporations  by  the  inter- 
state commerce  commission,  but  nothing  herein  contained  shall 
affect  the  power  of  commission  to  prescribe  forms  of  accounts, 
records  and  memoranda  covering  information  in  addition  to  that 
required  by  the  interstate  commerce  commission.  The  com- 
mission may,  after  hearing  had  upon  its  own  motion  or  upon 
complaint,  prescribe  by  order  the  accounts  in  which  particular 
outlays  and  receipts  shall  be  entered,  charged  or  credited.  Same. 

Where  commission  has  prescribed  the  forms  of  accounts,  rec- 
ords or  memoranda  to  be  kept  by  any  public  service  corporation 
for '  any  of  its  business,  it  shall  thereafter  be  unlawful  for  such  pub- 
lic service  corporation^  to  keep  any  accoimts,  records  or  memo- 

2691  randa  for  such  business  other  than  those  so  prescribed,  or  those 
prescribed  by  or  under  the  authority  of  any  other  state  or  of  tjie 
United  States,  excepting  such  accounts,  records  or  memoranda 
as  shall  be  explanatory  of  and  supplemental  to  the  accounts, 
records  or  memoranda  prescribed  by  commission.     Same. 

See  also  par.  4517. 

CONNECTICUT  See  par.  2796. 

FLORIDA  In  so  far  as  the  forms  and  methods  of  account- 

ing and  of  reports  are  prescribed  imder  the  authority  of  this  act, 

2692  for  corporations  ^  engaged  in  interstate  commerce,  they  shall  con- 
form as  near  as  may  be  to  the  forms  and  methods  of  accounting 
prescribed  for  such  corporations  by  the  interstate  commerce 
commission.     Laws  1911,  ch.  6187,  sec.  4. 

*" Public  utility,"  in  California.  2  Telegraph  corporations. 

696 


GEORGIA  Commission  may,  whenever  it  deems  advis- 

able, prescribe,  establish,  and  order  a  uniform  system  of  accounts 
to  be  used  by  railroads  and  other  corporations;  the  same  to  be 
as  far  as  practicable  in  conformity  with  the  system  of  accounts 

2693  prescribed  by  the  interstate  commerce  commission;  examine  all 
books,  contracts,  records,  and  documents  of  any  person  or  cor- 
poration subject  to  its  supervision,  and  compel  the  production 
thereof.     Code  iQii,  sec.  266 j. 

IOWA  Commission  may  prescribe  uniformity  in  meth- 

2694  ods  of  keeping  accounts  as  near  as  may  be  and  fix  a  time  when 
such  regulations  shall  take  effect.     Code  i8gy,  sec.  214J. 

KANSAS  Any  person  who  shall  wilfully  make  any  false 

entry  in  the  accounts,  books  of  account,  records  or  memoranda 
kept  by  any  common  carrier  or  any  public  utility  governed  by 
the  provisions  of  this  act,  or  who  shall  wilfully  destroy,  mutilate, 
alter  or  by  any  other  means  or  device  falsify  the  record  of  any 
such  account,  book  of  accounts,  record  or  memorandimi,  or  who 
shall  wilfully  neglect  or  fail  to  make  full,  true  and  correct  entries 
of  such  accoimt,  book  of  accounts,  record  or  memorandimi  of  all 
facts  and  transactions  appertaining  to  such  common  carriers  or 
public  utilities  business,  or  who  shall  falsely  make  any  statement 

2695  required  to  be  made  to  commission,  shall  be  deemed  guilty  of  a 
felony,  and  upon  the  conviction  shall  be  punished  by  a  fine  of  not 
less  than  $1,000  nor  more  than  $5,000,  or  by  imprisonment  of  not 
less  than  one  year  nor  more  than  three  years,  or  by  both  fine  and 
imprisonment;  provided,  that  commission  may  in  its  discretion 
issue  orders  specifying  such  operating,  accounting  or  financial 
papers,  records,  books,  blanks,  tickets,  stubs  or  docimients,  of 
carriers  which  may  after  a  reasonable  time  be  destroyed,  and 
prescribing  a  length  of  time  such  books,  papers,  or  documents 
shall  be  preserved;  and  provided  further,  that  such  orders  shall 
be  in  harmony  with  those  of  the  interstate  commerce  commis- 
sion.    Laws  igii,  ch.  2j8,  sec.  jy. 

MARYLAND  Commission  may,  whenever  it  deems  advis- 

able, establish,  upon  due  and  reasonable  notice  to  all  such  corpo- 
rations, system  of  accoimts  to  be  used  by  railroad  and  street  rail- 
road corporations,  or  other  common  carriers,  or  may  classify  the 
said  corporations  and  other  carriers  and  prescribe  a  system  of 
accounts  for  each  class,  and  may  prescribe  the  manner  in  which 
such  accounts  shall  be  kept.  It  may  also,  in  its  discretion,  pre- 
scribe the  form  of  accounts,  records  and  memoranda  to  be  kept 

697 


by  common  carriers,  including  the  accounts,  records  and  mem- 

2696  oranda  of  the  movement  of  traffic  as  well  as  the  receipts  and  ex- 
penditures of  moneys.  The  system  of  accounts  established  by 
commission  and  the  form  of  accounts,  records  and  memoranda 
prescribed  by  it  as  provided  shall  conform,  as  nearly  as  possible, 
to  those  from  time  to  time  established  and  prescribed  by  the 
interstate  commerce  commission  under  the  provisions  of  the  act 
of  Congress  entitled  "An  act  to  regulate  commerce,"  approved 
February  4,  1887,  as  amended  by  the  act  approved  June  29, 
1906,  and  amendments  thereto.     Laws  igio,  ch.  180,  sec.  25. 

When  commission  has  prescribed  the  forms  of  accoimts, 
records  and  memoranda  to  be  kept  by  such  corporations,  it  shall 

2697  be  unlawful  for  them  to  keep  any  other  accounts,  records,  or 
memoranda  than  those  so  prescribed,  or  those  prescribed  under 
the  authority  of  the  United  States.     Same. 

Commission  may,  in  its  discretion,  prescribe  uniform 
methods  of  keeping  accounts,  records  and  books,  to  be  observed 

2698  by  the  persons,  gas  and  electrical  corporations  engaged  in  the 
manufacture,  sale  and  distribution  of  gas  and  electricity  for  light, 
heat  or  power.     Same,  sec.  31%. 

Commission  may,  in  its  discretion,  prescribe  and  require 
items,  methods  of  keeping  accounts,  records  and  books  to  be 

2699  furnished  by  the  persons  and  corporations  engaged  in  the  fur- 
nishing of  facilities  for  the  transmission  of  intelligence  by  elec- 
tricity.    Same,  sec.  jgij). 

See  also  par.  2y^g. 

MASSACHUSETTS  Corporations  and  companies  which  are  en- 
gaged in  the  manufactiu-e  and  sale  of  gas  or  electricity  for  light 
or  heat  shall  have  an  office  in  the  city  or  town  in  which  their 
works  are  located,  and  shall  keep  in  said  office  all  the  books  and 

2700  papers  which  are  required  by  law  to  be  kept  within  the  com- 
monwealth, and  also  such  books  as  may  be  required  to  show 
their  receipts,  expenditures,  indebtedness  and  financial  condition; 
and  shall  at  all  times,  upon  application,  submit  their  books  to 
the  inspection  of  gas  and  electric  commission.  Rev.  Laws  igo2, 
ch.  I2J,  sec.  28.^ 

Corporations  and  companies  which  are  engaged  in  the 
manufacture  and  sale  of  gas  or  electricity  for  light  or  heat  shall 
keep  their  books  and  accounts  in  a  form  to  be  prescribed  by  gas 
and  electric  commission  and  the  accounts  shall  be  closed  annually 

2701  on  June  30  so  that  a  balance  sheet  of  that  date  can  be  taken  there- 

»  See  footnote  i,  par.  276. 

698 


from.  Mantifacttuing  companies  in  which  the  manufacture  of 
gas  is  a  minor  portion  of  their  business  shall  be  required  to  keep 
accounts  of  the  expenses  and  income  of  their  gas  business  only. 
Same,  sec.  2g} 

Persons  or  corporations  engaged  in  the  manufacture  or  sale 
of  gas  or  electric  light  shall  keep  such  records  of  their  work  at 

2702  their  manufacturing  station,  and  in  ifcspect  to  their  distributing 
plant,  as  gas  and  electric  commission  may  from  time  to  time  re- 
quire. Said  records  shall  be  in  such  form  as  commission  may 
prescribe.     Same,  sec.  jo. 

Every  company  engaged  in  the  business  of  the  transmission 
of  intelligence  by  electricity  within  the  commonwealth   shall 

2703  keep  its  books  and  accounts  covering  the  business  done  within 
the  commonwealth  in  a  form  approved  by  commission.  Acts 
igo6,  ch.  4  J  J,  sec.  ii. 

Commission  shall  from  time  to  time  in  each  year  examine  the 
books  and  accounts  of  every  corporation  or  company  which 
operates  a  railroad  or  railway,  and  require  them  to  be  kept  in  a 

2704  uniform  manner  and  upon  the  system  prescribed  by  commission. 
Statements  of  the  doings  and  financial  condition  of  the  several 
corporations  and  companies  shall  be  prepared  and  published  at 
such  times  as  commission  shall  consider  expedient.  Acts  igo6, 
ch.  46 J,  pt.  i,  sec.  15. 

A  railroad  corporation  or  street  railway  company  which 
refuses  to  submit  its  books  to  the  examination  of  commission  or 

2705  unreasonably  neglects  to  keep  its  accounts  in  the  method  pre- 
scribed by  commission,  shall  forfeit  not  more  than  $5,000  for 
every  such  refusal  or  neglect.     Same,  sec.  18. 

A  railroad  corporation  shall  keep  its  books  and  accounts  in 
the  manner  prescribed  by  commission  and  shall  at  all  times  sub- 

2706  mit  its  books  to  the  inspection  of  commission  or  of  any  com- 
I  mittee  of  the  general  court  which  may  be  authorized  to  inspect 
\        them.     Acts  igo6,  ch.  46 j,  pt.  ii,  sec.  248. 

Every  street  railway  company  shall  keep  its  books  and 

2707  accounts  in  a  tmiform  manner,  upon  the  system  prescribed  by 
commission.     Acts  igo6,  ch.  46 j,  pt.  Hi,  sec.  151. 

See  also  par.  2og. 

MICHIGAN  Commission  may  in  its  discretion  prescribe 

uniform  methods  of  keeping  accounts  to  be  observed  by  all  cor- 

2708  porations  engaged  in  such  business  of  transmitting  and  supplying 
electricity.     Pub.  Acts  igog,  no.  106,  sec.  6. 

1  See  footnote  i,  par.  276. 

699 


Commission  shall  have  the  power  and  authority  and  it  is 
hereby  made  its  duty  to  prescribe  the  manner  and  the  form  of 
accounts,  records  and  memoranda  and  of  keeping  of  same;  and 
it  shall  be  the  duty  of  all  telephone  companies  within  the  state 
to  keep  accoimts,  books  of  accounts,  records  and  memoranda  in 

2709  the  manner  and  form  prescribed  by  commission,  and  in  no  other 
manner  and  form:  provided,  however,  that  no  such  regulations 
shall  be  in  duplication  of  or  in  addition  to  any  regulations  cover- 
ing the  same  subject  matter  made  by  the  government  of  the 
United  States  or  any  municipality  of  this  state.  Puh.  Acts 
igiiy  no.  ij8,  sec.  i8. 

MINNESOTA  Commission  may  prescribe  a  uniform  system  of 

accounts  and  the  manner  of  keeping  the  same  and  may  designate 

2710  from  time  to  time  to  what  account  any  items  shall  be  charged. 
Rev.  Laws  igoj,  sec.  1Q84. 

It  shall  be  the  duty  of  every  railroad  doing  both  intrastate 
and  interstate  freight  business  in  this  state,  to  keep  its  accounts 
so  as  to  show,  as  far  as  practicable,  the  earnings  derived  from, 
and  the  expenses  incurred  in,  handling  such  intrastate  business 
in  Minnesota.  Commission  shall  have  power,  and  it  is  hereby 
made  its  duty  to  prescribe  the  form  in  which  such  accounts  shall 
be  kept,  and  it  may  require  such  accounts  for  each  operating 
division  of  such  railroad  wholly  or  partly  within  this  state. 
In  addition  to  all  other  information  on  the  subject,  such  accounts 
shall  show  the  total  cost  of  operating  the  through  trains,  and 

2711  the  total  cost  of  operating  the  local  or  distributing  trains,  on  each 
operating  division  wholly  or  partly  within  this  state,  during  the 
fiscal  year  to  be  fixed  by  said  commission,  and  also  the  total 
number  of  tons  of  revenue  and  non-revenue  freight,  and  the  num- 
ber of  said  tons  of  each  carried  one  mile  on  said  through  trains 
and  on  said  local  trains,  respectively,  and  the  number  of  said  tons 
and  ton  miles  of  revenue  and  non-revenue  freight  carried  on 
through  or  local  trains,  which  are  exclusively  intrastate  business. 
Said  accoimts  shall  also  show  the  gross  tons  and  ton  miles  made 
by  through  and  local  trains  on  said  divisions.  Laws  iQiiy  ch. 
327,  sec.  I. 

Said  accounts  shall  also  show  the  total  revenue  and  non- 
revenue  train  and  engine  miles,  and  the  total  revenue  and  non- 
revenue  car  miles  (said  non-revenue  car  miles  to  be  shown  loaded 
and  empty  separately)  produced  by  such  railroad  in  the  state  on 
said  operating  divisions,  and  also  the  number  of  each  of  the  above 
train,  engine  and  car  mileages  produced  in  handling  said  through  ■ 

700 


2712  trains  and  in  handling  said  local  trains,  also  the  total  locomotive 
miles  produced  in  switching  on  each  division,  and  such  further 
information  relating  to  the  income  or  cost  of  the  intrastate  busi- 
ness, as  commission  may  require.  Commission  may  also  require 
such  accounts  to  be  kept  with  reference  to  the  intrastate  passen- 
ger business  of  such  carrier,  and  the  train,  car  and  engine  mileage 
incurred  in  the  passenger  business  in  this  state  as  it  shall  deem 
necessary.     Same,  sec.  2. 

NEBRASKA.  Commission  may,  in  its  discretion,  prescribe 

the  forms  of  any  and  all  accounts,  records,  and  memoranda  to  be 

2713  kept  by  carriers,  including  the  accounts,  records  and  memoranda 
of  the  movement  of  traffic  as  well  as  the  receipts  and  expendi- 
tures of  money.     Cobbey's  Annot.  Stats,  igog,  sec.  io6jo(r). 

NEVADA  Every  public  utility  shall  keep  and  render  to 

commission,  in  manner  and  form  prescribed  by  commission  uni- 

2714  form  and  detailed  accounts  of  all  business  transacted.  Stats, 
.igii,  ch.  162,  sec.  y. 

Every  public  utility  engaged  directly  or  indirectly  in  any 
other  business  than  those  mentioned  in  section  three  of  this  act, 
shall  if  required  by  commission,  keep  in  like  manner  and  form  the 
2716  accounts  of  all  other  such  business,  in  which  case  all  the  provi- 
sions of  this  act  shall  apply  with  like  force  and  effect  to  the  books, 
accounts  papers  and  records  of  such  other  business.     Same,  sec. 

7(a). 

No  public  utility  shall  keep  any  other  books,  accounts,  papers 
or  records  of  the  business  transacted  than  those  prescribed  or 
approved  by  commission.     Each  public  utility  shall  have  an 

2716  office  within  this  state,  and  shall  keep  in  said  office  all  such  books, 
accoimts,  records  or  papers,  none  of  which  shall  be  removed  at 
any  time  from  the  state  except  upon  such  conditions  as  may  be 
prescribed  by  commission.     Same. 

* 

NEW  HAMPSHIRE  Commission  may,  whenever  it  deems  advis- 
able, establish  a  system  of  accounts  and  records  to  be  used  by 
railroad  corporations  and  by  public  utilities  for  their  business 
within  this  state  and  may  classify  the  said  railroad  corporations 
and  public  utilities  and  prescribe  a  system  of  accounts  for  each 

2717  class,  and  may  prescribe  the  manner  in  which  said  accounts  shall 
be  kept;  provided,  however,  that  railroad  corporations  and  pub- 
lic utilities  shall  not  be  required  to  keep  any  system  of  accounts 
and  records  which  would  conflict  with  any  reqiiirements  made  of 

701 


them  by  the  interstate  commerce  commission.  Laws  igii,  ch. 
164,  sec.  4. 

NEW  JERSEY  Commission  may,  in  its  discretion,  require  a 

uniform  system  of  rendering  accounts  to  commission  by  the  rail- 
road companies,  and  order  reports  made  in  accordance  with  such 

2718  system;  provided,  that  such  uniform  system  and  all  forms  of 
accounts  which  may  be  required  by  commission  shall  conform  to 
the  system  and  forms  prescribed  by  the  interstate  commerce 
commission.     Laws  igog,  ch.  i8g,  sec.  4. 

Commission  may,  after  hearing,  upon  notice,  by  order  in 
writing,  require  every  public  utility  to  keep  its  books,  records  and 
accounts  so  as  to  afford  an  intelligent  understanding  of  the  co'n- 
duct  of  its  business  and  to  that  end  to  require  every  such  public 

3719  utility  of  the  same  class  to  adopt  a  uniform  system  of  accounting. 
Such  system  shall  conform,  in  so  far  as  in  the  judgment  of  com- 
mission is  practicable,  to  any  system  adopted  or  approved  by 
the  interstate  commerce  commission.     Laws  igii,  ch.  igj,  sec. 

NEW  YORK  Each  commission  may,  whenever  it  deems  ad- 

visable, establish  a  system  of  accounts  to  be  used  by  railroad  and 
street  railroad  corporations  or  other  common  carriers  or  may 
classify  the  said  corporations  and  other  carriers  and  prescribe  a 
system  of  accounts  for  each  class,  and  may  prescribe  the  manner 
in  which  such  accoimts  shall  be  kept.  It  may  also  in  its  discre- 
tion prescribe  the  forms  of  accounts,  records  and  memoranda  to 
be  kept  by  such  corporations,  including  the  accoimts,  records 
and  memoranda  of  the  movement  of  traffic  as  well  as  the  re- 
ceipts and  expenditures  of  moneys.  Notice  of  alterations  by  com- 

2720  mission  in  the  required  method  or  form  of  keeping  a  system  of 
accoimts  shall  be  given  to  such  persons  or  corporations  by  com- 
mission at  least  six  months  before  the  same  are  to  take  effect. 
The  system  of  accounts  established  by  commission  and  the  forms 
of  accounts,  records,  and  memoranda  prescribed  by  it  as  pro- 
vided above  shall  conform  in  the  case  of  railroad  corporations 
as  nearly  as  may  be  to  those  from  time  to  time  established  and 
prescribed  by  the  interstate  commerce  commission  under  the 
provisions  of  the  act  of  Congress  entitled  ''An  act  to  regulate 
commerce"  approved  February  4,  1887,  and  the  acts  amenda- 
tory thereof  or  supplementary  thereto.     Laws  1910,  ch.  480,  sec. 

52- 

Commission  may,  after  hearing,  prescribe  by  order  the  ac-i 
counts  in  which  particular  outlays  and  receipts  shall  be  entered, ; 

702 


charged  or  credited.     Where  commission  has  prescribed  the  forms 

2721  of  accounts,  records  and  memoranda  to  be  kept  by  such  corpora- 
tions it  shall  be  unlaw^ful  for  them  to  keep  any  other  accounts, 
records  or  memoranda  than  those  so  prescribed,  or  those  pre- 
scribed by  or  under  authority  of  the  United  States.     Same. 

Each  commission  may,  in  its  discretion,  prescribe  uniform 
methods  of  keeping  accoimts,  records  and  books,  to  be  observed 
by  gas  and  electrical  corporations  and  by  municipalities  engaged 
in  the  manufacture,  sale  and  distribution  of  gas  and  electricity 
for  light,  heat  or  power.  It  may  also  in  its  discretion  prescribe, 
by  order,  forms  of  accounts,  records  and  memoranda  to  be  kept 

2722  by  such  persons,  corporations  and  mimicipalities.  Notice  of 
alterations  by  commission  in  the  required  method  or  form  of 
keeping  a  system  of  accounts  shall  be  given  to  such  persons  or 
corporations  by  commission  at  least  six  months  before  the  same 
shall  take  effect.  Any  other  and  additional  forms  of  accounts, 
records  and  memoranda  kept  by  such  corporation  shall  be  sub- 
ject to  examination  by  commission.     Same,  sec.  66(4). 

Commission  may  establish  a  system  of  accoimts  to  be  used 
by  telegraph  and  telephone  corporations  and  are  required  to 
make  annual  reports  to  it  or  classify  the  said  corporations,  and 
prescribe  a  system  of  accounts  for  each  class  and  may  prescribe 
[  1723  the  manner  in  which  such  accounts  shall  be  kept.  It  may  also, 
in  its  discretion,  prescribe  the  form  of  records  to  be  kept  by  such 
corporation.  Notice  of  alterations  by  commission  in  the  re- 
quired method  or  form  of  keeping  accounts  shall  be  given  to  such 
corporations  by  commission  at  least  six  months  before  the  same 
are  to  take  effect.     Same,  sec.  95(2). 

See  also  pars.  455,  2j6y,  2y6S. 

OHIO  Commission  may  establish  a  system  of  ac- 

counts to  be  kept  by  public  utilities,  or  classify  utilities  and  pre- 
scribe a  system  of  accoimts  for  each  class  and  prescribe  the  man- 
ner in  which  such  accounts  shall  be  kept.  Such  system  shall 
when  practicable  conform  to  the  system  prescribed  by  the  tax 

1724  commission  of  Ohio.  It  may  also,  in  its  discretion,  prescribe 
the  form  of  records  to  be  kept  by  public  utilities,  and  commis- 
sion may  require  that  no  other  records  be  kept  except  as  may  be 
required  by  the  laws  of  the  United  States  or  as  may  hereafter  be 
required  by  the  laws  of  this  state.     Laws  igii,  no.  325,  sec.  12. 

Commission  may,  if  it  shall  determine  that  any  expendi- 
tures or  receipts  have  been  improperly  charged  or  credited,  order 


703 


OREGON  Commission  may,  in  its  discretion,  prescribe 

a  uniform  system  of  rendering  accounts  of  business  transacted 
in  Oregon  by  all  railroads  within  the  meaning  of  section  1 1  of  this 
act.     Commission  may  also  prescribe  the  manner  in  which  such 

2726  accounts  may  be  kept,  and  the  time  within  which  such  railroads 
shall  adopt  such  system;  provided,  that  all  forms  of  accoimts 
which  may  be  prescribed  by  commission  shall  conform  as  nearly 
as  practicable  to  similar  forms  prescribed  by  federal  authority. 
Gen.  Laws  iQoy,  ch.  jj,  sec.  43. 

Every  public  utility  shall  keep  and  render  to  commission  in 
the  manner  and  form  prescribed  by  commission  uniform  accounts 
of  all  business  transacted.  All  forms  of  accounts  which  may  be 
prescribed  by  commission  shall  conform  as  nearly  as  practicable 
to  similar  forms  prescribed  by  federal  authority.  Every  public 
utility  engaged  directly  or  indirectly  in  any  other  business  than 
that  of  the  transportation  of  persons  or  property  by  street  rail- 

2727  roads  or  the  production,  transmission  or  furnishing  of  heat,  light, 
water  or  power  or  the  conveyance  of  telephone  messages  shall,  if 
required  by  commission,  keep  and  render  separately  to  commis- 
sion in  like  manner  and  form  the  accounts  of  all  such  other  busi- 
ness, in  which  case  all  the  provisions  of  this  act  shall  apply  with 
like  force  and  effect  to  the  books,  accounts,  papers  and  records 
of  such  other  business.     Gen.  Laws  igii,  ch.  2jg,  sec.  11. 

Commission  shall  prescribe  the  forms  of  all  books,  accounts, 
papers  and  records  required  to  be  kept,  and  every  public  utility 
is  required  to  keep  and  render  its  books,  accounts,  papers  and 
records  accurately  and  faithfully  in  the  manner  and  form  pre- 

2728  scribed  by  commission  and  to  comply  with  all  directions  of  com- 
mission relating  to  such  books,  accounts,  papers  and  records. 
No  public  utility  shall  keep  any  other  books,  accounts,  papers  or 
records  of  its  public  utility  business  transacted  than  those  pre- 
scribed or  approved  by  commission,  except  such  as  may  be  re- 
quired by  the  laws  of  the  United  States.     Same,  sec.  12. 

Each  public  utility  shall  have  an  office  in  one  of  the  towns 
or  cities  in  this  state  in  which  its  property  or  some  part  thereof 
is  located,  and  shall  keep  in  said  office  all  such  books,  accounts, 

2729  papers  and  records  as  shall  be  required  by  commission  to  be  kept 
within  the  state.  No  books,  accounts,  papers  or  records  re- 
quired by  commission  to  be  kept  within  the  state  shall  be  at  any 
time  removed  from  the  state,  except  upon  such  conditions,  as 
may  be  prescribed  by  commission.     Same,  sec.  14. 

See  also  par.  2gij. 

704 


I 


SOUTH  DAKOTA  Commission  may,  in  its  discretion  prescribe 
the  forms  of  any  and  all  accounts,  records  and  memoranda  to 

2730  be  kept  by  carriers,  including  the  accounts,  records,  and  memo- 
randa of  the  movement  of  traffic,  as  well  as  receipts  and  expendi- 
tures of  money.     Sess.  Laws  igii,  ch.  2oy,  sec.  48. 

TEXAS  Commission  may  prescribe  a  system  of  book- 

2731  keeping  to  be  observed  by  all  the  railroads,  under  the  penalties 
prescribed  in  this  article.     Sayles'  Civ.  Stais.  i8gy,  art.  4571. 

VERMONT  Commission  on  due  notice  and  hearing  may 

establish  a  uniform  system  of  keeping  railroad  accoimts  and 
making  ajid  publishing  returns  of  the  condition  of  railroads  so  as 
to  conform  so  far  as  practicable  to  a  uniform  system  in  common 
with  the  other  New  England  states,  New  York  and  Canada. 
Railroad  corporations  shall  adopt  the  system  of  accounts  and 

JI732  manner  of  makiQg  returns  established  by  commission  and  con- 
form to  the  same  so  far  as  is  consonant  with  the  method  of  busi- 
ness and  connections  of  such  railroad  and  the  returns  shall  be 
made  under  oath.  The  system  now  in  use  may  be  followed  by 
the  persons  and  corporations  operating  railroads  until  commis- 
sion shall  make  changes  in  the  direction  of  uniformity  as  afore- 
said.    Puh.  Stats.  igo6,  sec.  46 ij. 

WASHINGTON  Commission  may,  in  its  discretion,  prescribe 

the  forms  of  any  and  all  accounts,  records  and  memoranda  to  be 

2733  kept  by  public  service  companies,  including  the  accoimts,  rec- 
ords and  memoranda  of  the  movement  of  traffic,  sales  of  its  prod- 
uct, the  receipts  and  expenditures  of  money.  Laws  igii,  ch. 
Jiy,  sec.  78. 

Commission  may,  in  its  discretion,  prescribe  the  forms  of 
any  and  all  reports,  accounts,  records  and  memoranda  to  be  fur- 
nished and  kept  by  any  public  service  company  whose  line  or 

S734  lines  extend  beyond  the  limits  of  this  state,  which  are  operated 
partly  within  and  partly  without  the  state,  so  that  the  same  shall 
show  any  information  required  by  commission  concerning  the 
traffic  movement,  receipts  and  expenditures  appertaining  to  those 
parts  of  the  line  within  the  state.     Same. 

Commission  may,  in  its  discretion,  for  the  purpose  of  en- 
abling it  the  better  to  carry  out  the  provisions  of  this  act,  pre- 
■  1785  scribe  the  period  of  time  within  which  all  public  service  companies 
shall  have,  as  near  as  may  be,  a  uniform  system  of  accounts,  and 
the  manner  in  which  such  accoimts  shall  be  kept.     Same. 

70s 


WISCONSIN  Commission  may  in  its  discretion  prescribe  a 

uniform  system  of  rendering  accounts  of  business  transacted  in 
Wisconsin  by  all  railroads  within  the  meaning  of  section  two  (in- 
cluding subdivisions  a  and  b)  of  chapter  362,  laws  of  1 905 .  Com- 
mission may  also  prescribe  the  manner  in  which  such  accounts 
shall  be  kept,  and  the  time  within  which  such  railroad  shall  adopt 
such  system;  provided  that  all  forms  of  accounts  which  may  be 

2736  prescribed  by  commission  shall  conform  as  nearly  as  practicable 
to  similar  forms  prescribed  by  federal  authority.  Any  railroad 
within  the  meaning  of  section  two  (including  subdivisions  a  and  b) 
of  chapter  362  of  laws  of  1905,  failing  to  comply  with  the  provi- 
sions of  this  act  shall  be  liable  to  the  penalty  provided  for  in  sfec- 
tion  27  of  chapter  362  of  the  laws  of  1905.  Laws  1905,  sp.  sess., 
ch.  13,  sec.  lygy-iS  (d). 

Every  public  utility  shall  keep  and  render  to  commission 

2737  in  the  manner  and  form  prescribed  by  commission  uniform  ac- 
counts of  all  business  transacted.  Laws  igoy,  ch.  499,  sec.  lygy 
m-8{i). 

Every  public  utility  engaged  directly  or  indirectly  in  any 
other  business  than  that  of  the  production,  transmission  or  fur- 
nishing of  heat,  light,  water  or  power  or  the  conveyance  of  tele- 
phone messages  shall,  if  required  by  commission,  keep  and  render 

2738  separately  to  commission  in  like  manner  and  form  the  accounts 
of  all  such  other  business,  in  which  case  all  the  provisions  of  this 
act  shall  apply  with  like  force  and  effect  to  the  books,  accounts, 
papers  and  records  of  such  other  business.     Same,  sec.  lygym-S 

{2). 

Commission  shall  prescribe  the  forms  of  all  books,  accounts, 
papers  and  records  required  to  be  kept,  and  every  public  utility 
is  required  to  keep  and  render  its  books,  accounts,  papers  and 

2739  records  accurately  and  faithfully  in  the  manner  and  form  pre- 
scribed by  commission  and  to  comply  with  all  directions  of  com- 
mission relating  to  such  books,  accounts,  papers  and  records. 
Same,  sec.  ijgym-g. 

No  public  utility  shall  keep  any  other  books,  accounts,  papers 

2740  or  records  of  the  business  transacted  than  those  prescribed  or 
approved  by  commission.     Same,  sec.  lygym—ii. 

Each  public  utility  shall  have  an  office  in  one  of  the  towns, 

villages,  or  cities  in  this  state  in  which  its  property  or  some  part 

thereof  is  located,  and  shall  keep  in  said  office  all  such  books,  ac- 

1741  counts,  papers  and  records  as  shall  be  required  by  commission  to 

be  kept  within  the  state.    No  books,  accounts,  papers  or  records 

706 


reqtdred  by  commission  to  be  kept  within  the  state  shall  be  at  any 
time  removed  from  the  state,  except  upon  such  conditions  as  may 
be  prescribed  by  commission.     Same,  sec.  lygym-iz. 
See  also  par.  2^41. 


B.    DEPRECIATION  ACCOUNTS. 

ARIZONA,  CALIFORNIA 

Commission  may,  after  hearing,  require  any 
or  all  public  service  coporations  ^  to  carry  a  proper  and  adequate 
depreciation  account  in  accordance  with  such  rules,  regulations 
and  forms  of  account  as  commission  may  prescribe.  Commis- 
sion may,  from  time  to  time  ascertain  and  determine  and  by 
order  fix  the  proper  and  adequate  rates  of  depreciation  of  the 
several  classes  of  property  of  each  public  service  corporation.^ 
Each  public  service  corporation  ^  shall  conform  its  depreciation 
2742  accounts  to  the  rates  so  ascertained,  determined  and  fixed,  and 
shall  set  aside  the  moneys  so  provided  for  out  of  earnings  and 
carry  the  same  in  a  depreciation  fund  and  expend  such  fund  only 
for  such  purposes  and  under  such  rtdes  and  regulations,  both  as 
to  original  expenditures  and  subsequent  replacement  as  commis- 
sion may  prescribe.  The  income  upon  investments  of  moneys 
in  such  fund  shall  likewise  be  carried  in  such  fund.  Ariz. — Sess. 
Laws  igi2,  ch.  go,  sec.  4g,  Cat. — Stats,  igii,  ist.  ex.  sess.,  ch.  14, 
sec.  4g. 

NEW  JERSEY  Commission  may,  after  hearing,  upon  notice, 

by  order  in  writing,  require  every  public  utility  to  carry  when- 
ever in  the  judgment  of  commission  it  may  reasonably  be  re- 
quired, for  the  protection  of  stockholders,  bondholders  or  credi- 
tors, a  proper  and  adequate  depreciation  account  in  accordance 
with  such  rules,  regulations  and  forms  of  account  as  commission 
may  prescribe.  Commission  shall  from  time  to  time  ascertain 
and  determine,  and  by  order  in  writing  after  hearing  fix  proper 
and  adequate  rates  of  depreciation  of  the  property  of  each  pub- 
lic utility,  in  accordance  with  such  regulations  or  classifications, 

8743  which  rates  shall  be  sufficient  to  provide  the  amounts  required 
over  and  above  the  expense  of  maintenance  to  keep  such  property 
in  a  state  of  efficiency  corresponding  to  the  progress  of  the  indus- 
try. Each  public  utility  shall  conform  its  depreciation  accounts 
to  the  rates  ascertained,  determined  and  fixed,  and  shall  set  aside 
the  moneys  so  provided  for  out  of  earnings  and  carry  tlie  same 

I  "Public  utility,"  in  California. 


in  a  depreciation  fund.  The  income  from  investments  of  moneys 
in  such  fund  shall  likewise  be  carried  in  such  fund.  This  fund 
shall  not  be  extended  otherwise  than  for  depreciation,  improve- 
ments, new  constructions,  extensions  or  additions  to  the  property 
of  such  public  utility.     Laws  1911,  ch.  195,  sec.  17  (/). 

OHIO  Every  public  utility  shall  carry  a  proper  and 

adequate  depreciation  or  deferred  maintenance  account,  when- 
ever commission  after  investigation  shall  determine  that  a  de- 
preciation account  can  be  reasonably  required.  Commission 
shall  ascertain,  determine  and  prescribe  what  are  proper  and 
adequate  charges  for  depreciation  of  the  several  classes  of  prop- 

S7U  erty  for  each  public  utility.  The  charge  for  depreciation  shall 
be  such  as  will  provide  the  amovint  required  over  and  above  the 
cost  and  expense  of  maintenance  to  keep  the  property  of  the  pub- 
lic utility  in  a  state  of  efficiency  corresponding  to  the  progress  of 
the  art  or  industry.  Commission  may  prescribe  such  changes 
in  such  charges  for  depreciation  from  time  to  time  as  it  may  find 
necessary.     Laws  1911,  no.  325,  sec.  51. 

The  moneys  for  depreciation  charges  thus  provided  for  shall 
be  set  aside  out  of  the  earnings  and  carried  as  a  depreciation  fund. 
The  moneys  in  such  fund  may  be  expended  in  new  construction, 
extensions  or  additions  to  the  property  of  the  public  utility,  or 
invested,  and  if  invested,  the  income  from  the  investment  shall 
also  be  carried  in  the  depreciation  fund.     Such  fund  and  the  pro- 

S746  ceeds  thereof,  may  be  used  for  the  purpose  of  renewing,  restoring, 
replacing  or  substituting  depreciated  property  in  order  to  keep 
the  plant  in  a  state  of  efficiency.  Such  fund  and  the  proceeds 
or  income  therefrom  shall  be  used  for  no  purpose  other  than  as 
provided  in  this  section,  except  upon  the  approval  of  commis- 
sion.    Same,  sec.  52. 

OREGON,  WISCONSIN 

Every  public  utility  shall  carry  a  proper  and 
adequate  depreciation  account  whenever  commission  after  in- 
vestigation shall  determine  that  such  depreciation  account  can 
be  reasonably  required.  Commission  shall  ascertain  and  de- 
termine what  are  the  proper  and  adequate  rates  of  depreciation 
of  the  several  classes  of  property  of  each  public  utility.  The  rates 
S746  shall  be  such  as  will  provide  the  amounts  required  over  and  above 
thjs  expense  of  maintenance,  to  keep  such  property  in  a  state  of 
efficiency  corresponding  to  the  progress  of  the  industry.  Each 
public  utility  shall  conform  its  depreciation  accounts  to  such 

708 


rates  so  ascertained  and  determined  by  commission.  The  com- 
mission may  make  changes  in  such  rates  of  depreciation  from 
time  to  time  as  it  may  find  to  be  necessary.  Ore. — Gen.  Laws 
ipii,  ch.2/g,  sec.  ly;  Wis. — Laws  igoy,  ch.  4gg,  sec.  iygyfn-ij{i). 
Commission  shall  also  prescribe  rules,  regulations,  and  forms 

1747  of  accQimts  regarding  such  depreciation  which  the  public  utility 
is  required  to  carry  into  effect.  Ore. — Same;  Wis. — Same,  sec. 
iygym-ij{2).  ^ 

Commission  shall  provide  for  such  depreciation  in  fixing  the 

1748  rates,  tolls  and  charges  to  be  paid  by  the  public.  Ore. — Same; 
Wis. — Same,  sec.  iygym-ij{j). 

All  moneys  thus  provided  for  shall  be  set  aside  out  of  the 
earnings  and  carried  in  a  depreciation  fund.  The  moneys  in  this 
fimd  may  be  expended  in  replacements,^  new  constructions,  ex- 
tensions or  additions  to  the  property  of  such  public  utility,  or 

1749  invested,  and  if  invested  the  income  from  the  investments  shall 
also  be  carried  in  the  depreciation  fund.  This  fund  and  the  pro- 
ceeds thereof  shall  be  used  for  no  other  purpose  than  as  provided 
in  this  section  and  for  depreciation.  Ore. — Same;  Wis. — Same, 
sec.  iygym-ij{4). 


C.   CONSTRUCTION  ACCOUNTS. 

OHIO  Commission  shall  keep  informed  of  all  new 

construction,  extensions  and  additions  to  the  property  of  such 
public  utilities  and  may  prescribe  the  necessary  forms,  regulations 

2760  and  instructions  to  the  officers  and  employes  of  such  public  utili- 
ties for  the  keeping  of  construction  accounts,  which  shall  clearly 
distinguish  all  operating  expenses  and  new  construction.  Laws 
igii,  no.  325,  sec.  35. 

OREGON,  WISCONSIN 

Commission  shall  keep  itself  informed  of  all 
new  construction,  extensions  and  additions  to  the  property  of 
such  public  utilities,  and  shall  prescribe    the  necessary  forms, 

2761  regulations  and  instructions  to  the  officers  and  employes  of  such 
public  utilities  for  the  keeping  of  construction  accounts,  which 
shall  clearly  distinguish  all  operating  expenses  and  new  construc- 
tion. Ore. — Gen.  Laws  igii,'ch.  2yg,  sec.  18;  Wis. — Laws  igoy, 
ch.  4gg,  sec.  iygym-16. 

1  "Replacements"  occurs  in  Oregon  only. 


D.  AUTHORITY  OF  COMMISSION  TO  HAVE 
ACCESS  TO  BOOKS  AND  RECORDS  OF  UTIL- 
ITIES AND  TO  INSPECT  OR  EXAMINE  THE 
SAME. 

UNITED  STATES  Commission  shall  at  all  times  have  access  to 
all  accoimts,  records  and  memoranda  kept  by  carriers  and  it  shall 
be  unlawful  for  such  carriers  to  keep  any  other  accounts,  recomds, 
or  memoranda  than  those  prescribed  or  approved  by  commis- 

2762  sion,  and  it  may  employ  special  agents  or  examiners,  who  shall 
have  authority  under  the  order  of  commission  to  inspect  and  ex- 
amine any  and  all  accounts,  records  and  memoranda  kept  by 
such  carriers.  This  provision  shall  apply  to  receivers  of  carriers 
and  operating  trustees.     Act  to  Regulate  Commerce,  sec.  20. 

Any  examiner  who  divulges  any  fact  or  information  which 
may  come  to  his  knowledge  during  the  course  of  such  examina- 
tion, except  in  so  far  as  he  may  be  directed  by  commission  or  by  a 

2763  court  or  judge  thereof,  shall  be  subject,  upon  conviction  in  any 
court  of  the  United  States  of  competent  jurisdiction,  to  a  fine  of 
not  more  than  $5,000  or  imprisonment  for  a  term  not  exceeding 
two  years  or  both.     Same. 

ALABAMA  Commission,  and  any  member  thereof,  shall  at 

all  times  have  access  to  all  books,  accounts,  records,  memo- 
randa, contracts  and  docimients  kept  by  such  common  carrier, 
railroad  corporation  and  street  railroad  corporation,  wherever 
the  same  may  be  kept,  whether  within  or  without  the  state  and 
may  prescribe  the  accounts  in  ;tvhich  particular  outlays  and  re- 
ceipts shall  be  entered.  Commission  may  designate  any  of  its 
members  or  employes,  or  employ  special  agents  or  examiners, 
who  shall  thereupon,  when  so  designated  or  employed,  have 
authority  under  the  orders  of  commission  to  inspect  and  examine, 
make  analysis  of  and  take  copies  from  any  and  all  accounts, 

2764  records,  memoranda,  books,  contracts  and  documents  of  such 
corporation,  whether  the  same  be  kept  within  or  without  the 
state.  The  special  agents  or  examiners,  or  employes  designated 
or  employed  as  above  provided,  shall  have  power  to  administer 
oaths,  examine  witnesses  and  receive  evidence.  Any  special 
agent  or  examiner  or  other  person  employed  by  commission  who 
divulges  any  fact  or  information  which  may  come  to  his  knowl- 
edge during  the  course  of  any  such  inspection  or  examination, 
except  in  so  far  as  he  may  be  directed  by  commission  or  by  a 

710 


court  or  judge  thereof,  or  as  authorized  by  law,  shall  be  guilty 
of  a  misdemeanor,  and  upon  conviction  shall  be  punished  by  a 
fine  not  exceeding  $500.     Acts  igoj,  sp.  sess.,  no.  77,  sec.  3. 

FLORIDA  That  the  sum  of  $25,000  for  the  period  ending 

June  30,  1 9 13,  be,  and  the  same  is  hereby  appropriated  to  enable 
commission  to  audit,  investigate  and  examine  into  the  books, 
records,  vouchers  and  accounts  of  the  express  companies,  and  of 

2765  the  railroad  companies  which  are  subject  to  its  jurisdiction  so 
that  commission  can  have  sufficient  information  to  make  rates 
and  regulations  upon  the  principles  applied  by  law,  and  to  de- 
fend suits  brought  against  it  by  common  carriers  or  to  bring  suits 
to  enforce  such  rates  and  regulations.     Laws  igii,  ch.  612Q,  sec.  i. 

Any  part  of  the  said  appropriation  not  expended  shall  revert 

2766  to  the  state  treasury.     Same. 

The  comptroller  is  hereby  authorized  to  draw  his  warrants 

2767  upon  requisitions  of  commission,  to  be  audited  by  him,  which 
warrants  shall  be  paid  out  of  the  appropriation  made  in  section 
one.    Same,  sec.  2. 

E[ANSAS  Commission  may  examine  and  audit  all  ac- 

counts, and  all  items  shall  be  allocated  to  the  accounts  prescribed 
by  commission.  The  agents,  accountants  or  examiners  em- 
ployed by  commission  shall  have  authority  under  the  direction 

2768  of  commission  to  inspect  and  examine  any  and  all  books,  ac- 
counts, papers,  records,  property  and  memoranda  kept  by  such 
public  utilities  and  common  carriers.  The  accoimts  shall  be 
closed  annually  on  June  30  and  a  balance  sheet  of  that  date 
promptly  taken  therefrom.     Laws  igii,  ch.  2j8,  sec.  2g. 

MARYLAND  Commission  shall  at  all  times  have  access  to 

all  accounts,  records  and  memoranda  kept  by  common  carriers 
and  other  corporations,  and  may  prescribe  the  accounts  in  which 

2769  particular  outlays  and  receipts  shall  be  entered,  and  may  desig- 
nate any  of  its  officers  or  employes,  who  shall  thereupon  have 
authority  under  the  order  of  commission  to  inspect  and  examine 
any  and  all  accounts,  records  and  memoranda  kept  by  such  cor- 
porations.    Laws  igio,  ch.  180,  sec.  25. 

Any  employe  or  agent  of  commission  who  divulges  any  fact 

or  information  which  may  come  to  his  knowledge  during  the 

2760  course  of  any  such  inspection  or  examination,  except  in  so  far  as 

he  may  be  directed  by  commission,  or  by  a  court  or  judge  thereof, 

or  authorized  by  law,  shall  be  guilty  of  misdemeanor.     Same. 

711 


NEBRASBIA  Commission  shall  at  all  times  have  access  to 

all  accounts,  records  and  memoranda  kept  by  carriers,  and  it 
shall  be  unlawful  for  such  carriers  to  keep  any  other  accounts, 
records,  or  memoranda  than  those  prescribed  or  approved  by 

2761  commission,  and  it  may  employ  special  agents  or  examiners,  who 
shall  have  authority  under  the  order  of  commission  to  inspect 
and  examine  any  and  all  accounts,  records  and  memoranda  kept 
by  such  carriers.  This  provision  shall  apply  to  receivers  of  car- 
riers and  operating  trustees.  Cobbey's  Annot.  Stats,  igog,  sec. 
io6jo{r). 

Any  railway  company  or  common  carrier  or  any  person  who 
may  have  in  his  or  her  possession  any  book,  paper,  document  or 
record  belonging  to  any  railway  company  or  common  carrier  who 
shall,  upon  proper  demand,  fail  or  refuse  to  exhibit  to  the  com- 
missioners, or  any  of  them,  or  any  person  authorized  by  said  com- 

2762  missioners  to  investigate  the  same,  any  book,  paper,  document 
or  records  of  such  railway  company  or  common  carrier,  which  is 
in  the  possession  or  under  the  control  of  said  railway  company  or 
common  carrier,  or  any  officer,  agent  or  employe  thereof,  shall  be 
guilty  of  a  misdemeanor,  and  upon  conviction  thereof,  shall  be 
fined  for  each  offense  a  sum  not  less  than  $i,ooo  nor  more  than 
$5,000.     Same,  sec.  106 51. 

Any  officer,  agent  or  employe  of  any  railroad  company  or  any 
person  who  shall  upon  proper  demand,  fail  or  refuse  to  exhibit  to 
the  commissioners,  or  any  of  them,  or  any  person  authorized  by 
said  commissioners  to  investigate  the  same,  any  book,  paper, 
document  or  records  of  such  railway  company  or  common  car- 

2763  rier,  which  is  in  the  possession  or  under  the  control  of  such  officer, 
agent  or  employe,  shall  be  guilty  of  a  misdemeanor,  and  upon 
conviction  in  any  court  having  jurisdiction  thereof,  shall  be  fined 
for  each  offense  a  sum  of  not  less  than  $100  nor  more  than  $500, 
or  be  imprisoned  in  the  county  jail  not  less  than  ten  days  nor 
more  than  30  days,  or  both  within  the  discretion  of  the  court. 
Same. 

NEVADA  Any  commissioner,  or  any  person  or  persons 

authorized  by  commission,  shall  have  the  right  to  examine  the 

2764  books,  accoimts,  records  and  papers  of  any  public  utility,  for  the 
purpose  of  determining  their  correctness,  and  whether  they  are 
being  kept  in  accordance  with  the  rules  and  system  prescribed  by 
commission.     Stats,  igii,  ch.  162,  sec.  y{c). 

NEW  YORK  Commission   shall  at   all  times  have  access 

to  all  accounts,  records  and  memoranda  kept  by  railroad  and 

712 


street  railroad  corporations  and  by  common  carriers,  and  may 

2765  designate  any  of  its  officers  or  employes  who  shall  thereupon 
have  authority  under  the  order  of  commission  to  inspect  and 
examine  any  and  all  accounts,  records  and  memoranda  kept 
by  such  corporations.     Laws  igio,  ch.  480,  sec.  52. 

Any  employe  or  agent  of  commission  who  divulges  any  fact  or 
information  which  may  come  to  his  knowledge  during  the  course 

2766  of  any  such  inspection  or  examination  except  in  so  far  as  he  may 
be  directed  by  commission,  or  by  a  court  or  judge  thereof,  or 
authorized  by  law,  shall  be  guilty  of  a  misdemeanor.     Same. 

Commission  may  examine  the  accounts,  books,  contracts, 
records,  documents  and  papers  of  any  such  corporation,^  person 

2767  or  municipality,  and  may,  after  hearing,  prescribe  by  order  the 
accounts  in  which  particular  outlays  and  receipts  shall  be  en- 
tered, charged  or  credited.     Same,  sec.  66(g) . 

Commission  shall  at  all  times  have  access  to  all  accounts, 
records  and  memoranda  kept  by  telegraph  and  telephone  cor- 
porations, and  may  designate  any  of  its  officers  or  employes  who 
shall  thereupon  be  authorized  under  the  order  of  commission  to 
inspect  and  examine  any  and  all  accounts,  records  and  memoranda 
kept  by  any  such  corporation;  and  commission  may,  after  hear- 
ing, prescribe  by  order,  the  accoimts  in  which  particular  outlays 
and  receipts  shall  be  entered,  charged  or  credited.     Any  em- 

2768  ploye  or  agent  of  commission  who  divulges  any  fact  or  informa- 
tion which  may  come  to  his  knowledge  during  the  course  of  any 
such  inspection  or  examination  except  in  so  far  as  he  may  be 
directed  by  commission  or  by  a  court  or  judge  thereof,  or  author- 
ized by  law,  shall  be  guilty  of  a  misdemeanor.  Any  provision  of 
law  prohibiting  the  disclosure  of  the  contents  of  telegraph  mes- 
sages or  the  contents  or  substance  of  telephone  communications 
shall  not  be  deemed  to  prohibit  the  disclosure  of  any  matter  in 
accordance  with  the  provisions  of  this  chapter.     Same,  sec.  95(2) . 

OHIO  Commission  shall,  at  all  times,  have  access  to 

all  accounts  kept  by  public  utilities,  and  may  designate  any  of  its 

2769  officers  or  employes  to  inspect  and  examine  any  and  all  such  ac- 
counts.    Laws  iQii,  no.  J25,  sec.  12. 

Except  in  his  report  to  commission  or  when  called  on  to  tes- 
tify in  any  court  or  proceeding,  any  such  employe  or  agent  who 
shaU  divulge  any  information  acquired  by  him  in  respect  to  the 
transaction,  property,  or  business  of  any  public  utility,  while 
acting  or  claiming  to  act  as  such  employe  or  agent  shall  be  fined 

>  Gas  and  electrical  corporations. 


not  less  than  $5o  ^^^  not  more  than  $ioo,  and  shall  thereafter 
be  disqualified  from  acting  as  agent,  or  in  any  other  capacity 
under  the  appointment  or  employment  of  commission.  Same, 
sec.  I  J. 

OREGON  Commission  shall  provide  for  the  examination 

2771  and  audit  of  all  accounts,  and  all  items  shall  be  allocated  to  the 
accounts  in  the  manner  prescribed  by  commission.  Gen.  Laws 
igii,  ch.  2jg,  sec.  i6. 

The  agents,  accountants  or  examiners  employed  by  com- 

2772  mission  shall  have  authority  under  the  direction  of  commission 
to  inspect  and  examine  any  and  all  books,  accounts,  papers,  rec- 
ords and  memoranda  kept  by  such  public  utilities.     Same. 

SOUTH  DAKOTA  Commission  shall,  at  all  times,  have  access  to 
all  accounts,  records  and  memoranda  kept  by  carriers  and  may 

2773  employ  special  agents  or  examiners  who  shall  have  authority, 
under  the  order  of  commission,  to  examine  any  and  all  accounts, 
records  and  memoranda  kept  by  any  common  carrier  engaged  in 
intrastate  commerce.     Sess.  Laws  igii,  ch.  2oy,  sec.  48. 

WASHINGTON  Commission  shall  at  all  times  have  access  to 

all  accounts,  records  and  memoranda  kept  by  public  service  com- 
panies, and  may  employ  special  agents  or  examiners,  who  shall 

2774  have  power  to  administer  oaths  and  authority,  under  the  order 
of  commission,  to  examine  witnesses  and  to  inspect  and  examine 
any  and  all  accounts,  records  and  memoranda  kept  by  such  com- 
panies.    Laws  iQii,  ch.  iiy,  sec.  y8. 

WISCONSIN  Identical  with  pars.  2771,  2772.     Laws  190J, 

2776  ch.  4gg,  sees.  iygym-i4{i)y  i^Q^m-i4{2). 


7H 


CHAPTER  X 

Reports 


SCOPE   NOTE 

This  chapter  includes  grants  of  power  authorizing 
commissions  to  require  formal  reports  and  elicit  general 
information  from  utilities,  and  such  provisions  as  impose 
upon  commissions  the  duty  of  submitting  to  designated 
authorities  reports  of  their  own  proceedings  and  of  the 
business  and  management  of  utilities.  Provisions  pre- 
scribing the  filing  of  reports  by  utilities  with  other 
bodies  or  officers  than  commissions  or  commissioners 
have  been  excluded.  For  provisions  incidentally  involving 
reports  of  utilities,  see  ch.  ix,  on  accounts,  and  ch.  iii, 
on  basis  of  rate  making.  For  provisions  authorizing 
commissions  to  elicit  general  information  by  examining 
under  oath  the  officers,  agents  or  employes  of  utilities, 
see  ch.  ii,  on  general  powers  of  commission.  For  pro- 
visions requiring  utilities  to  report  or  give  notice  of 
accidents,  see  ch.  viii,  on  safety  of  operation.  For  pro- 
visions requiring  the  publication  and  filing  with  com- 
missions of  lists  of  persons  to  whom  free  or  reduced  rate 
or  special  service  has  been  granted,  see  ch.  vi,  on  dis- 
crimination in  rates  and  service.  For  provisions  pre- 
scribing general  procedure  to  be  followed  in  the  exercise 
of  commission  authority,  see  ch.  xiv,  on  commission 
procedure  and  practice.  For  provisions  prescribing  gen- 
eral rules  of  enforcement  and  judicial  review,  see  ch.  xv, 
on  enforcement.  For  general  statement  of  scope  and 
method,  see  introduction. 


715 


ANALYSIS 

Page 

A.  Duty  of  utilities  to  make  formal  reports  to  commission  and  authority 

of  commission  to  order  such  reports  and  prescribe  the  nature  and 
form  thereof 717 

B.  Authority  of  commission  to  furnish  blank  forms  for  reports  and  duty  of 

utilities  with  respect  thereto 753 

C.  Contents  of  annual  reports  of  utilities  as  prescribed  by  statute   .       .       .  763 

D.  Duty  of  utilities  to  furnish  general  information  to  commission  and 

authority  of  commission  to  call  for  such  information        .        .        .        .776 

E.  Duty  of  commission  to  submit  reports,  as  prescribed,  with  regard  to  the 

business  and  management  of  public  utilities  and  to  make  recommenda- 
tions with  respect  thereto 782 


yt6 


A.  DUTY  OF  UTILITIES  TO  MAKE  FORMAL 
REPORTS  TO  COMMISSION  AND  AUTHOR- 
ITY OF  COMMISSION  TO  ORDER  SUCH  RE- 
PORTS AND  PRESCRIBE  THE  NATURE 
AND   FORM   THEREOF. 

UNITED  STATES  Commission  may  require  amiual  reports  from 
all  common  carriers,  and  from  the  owners  of  all  railroads  engaged 

S776  in  interstate  commerce  as  defined  in  this  act ;  prescribe  the  manner 
in  which  all  such  reports  shall  be  made,  and  require  from  such 
carriers  specific  answers  to  all  questions  upon  which  commission 
may  need  information.     Act  to  Regulate  Commerce,  sec.  20. 

The  annual  reports  shall  contain  all  the  required  statistics 
for  the  period  of  1 2  months  ending  on  Jime  30  in  each  year,  or  on 
December  31  in  each  year  if  commission  by  order  substitute  that 

2777  period  for  the  year  ending  Jime  30,  and  shall  be  made  out  imder 
oath  and  filed  with  commission  at  its  office  in  Washington  within 
three  months  after  the  close  of  the  year  for  which  the  report  is 
made,  imless  additional  time  be  granted  in  any  case  by  commis- 
sion.    Same. 

If  any  carrier,  person,  or  corporation  subject  to  the  provi- 
sions of  this  act  shall  fail  to  make  and  file  said  annual  reports 
within  the  time  above  specified,  or  within  the  time  extended  by 
commission,  for  making  and  filing  the  same,  or  shall  fail  to  make 

2778  specific  answer  to  any  question  authorized  by  the  provisions  of 
this  section  within  30  days  from  the  time  it  is  lawfully  required 
to  do  so,  such  party  shall  forfeit  to  the  United  States  the  sum  of 
$100  for  each  and  every  day  it  shall  continue  to  be  in  default 
with  respect  thereto.     Same. 

Commission  may  by  general  or  special  orders  require  said 
carriers,  or  any  of  them,  to  file  monthly  reports  of  earnings  and 
expenses,  and  file  periodical  or  special,  or  both  periodical  and 
special,  reports  concerning  any  matters  about  which  commission 
is  authorized  or  required  by  this  or  any  other  law  to  inquire  or  to 

2779  keep  itself  informed  or  which  it  is  required  to  enforce;  and  such 
periodical  or  special  reports  shall  be  under  oath  whenever  com- 
mission so  requires;  and  if  any  such  carrier  shall  fail  to  make  and 
file  any  such  periodical  or  special  report  within  the  time  fixed 
by  commission,  it  shall  be  subject  to  the  forfeiture  last  above 
provided.    Same. 

717 


Said  forfeitures  shall  be  recovered  in  the  manner  provided 
for  the  recovery  of  forfeitures  under  the  provisions  of  this  act. 
Same. 

The  oath  required  by  this  section  may  be  taken  before  any 
2781  person  authorized  to  administer  an  oath  by  the  laws  of  the  state 
in  which  the  same  is  taken.     Same. 


ALABAMA  Whether  it  be  required  by  commission  or  not 

every  railroad  corporation,  other  than  street  railroad  corpora- 
tions, shall  make  and  keep  a  full,  true  and  correct  record,  memo- 
randa or  accoimt  of  the  following  facts,  in  addition  to  such  others 
as  may  be  required  by  law  or  by  commission  in  such  manner  that 
full,  true  and  correct  information  concerning  the  same  may  be 

2782  furnished  to  commission  at  the  end  of  each  fiscal  year  and  at  the 
end  of  each  quarter  of  the  fiscal  year,  and  may  be  included  in  the 
annual  reports  of  said  corporation  to  commission,  and  it  shall  be 
the  duty  of  every  such  corporation  to  furnish  such  information  to 
commission  for  any  fiscal  year  and  for  any  quarter  of  the  fiscal 
year  within  30  days  after  demand  is  made  for  the  same  by  com- 
mission.    Acts  igoj,  sp.  sess.,  no.  17,  sec.  4. 

Commission  shall  prescribe  the  form  of  the  annual  or  other 
reports  required  to  be  made  by  common  carriers,  railroad  and 
street  railroad  corporations.     The  form  of  such  reports  made  by 

2783  the  railroad  coporations  shall  conform  as  near  as  may  be  to  that 
required  from  time  to  time  of  common  carriers,  by  the  interstate 
commerce  commission,  but  commission  may  from  time  to  time 
make  such  changes  therein  and  additions  thereto  as  it  may  deem 
proper.     Same,  sec.  6. 

When  the  reports  of  any  common  carrier,  railroad  corpora- 

2784  tion  or  street  railroad  corporation  is  defective,  or  believed  by 
commission  to  be  erroneous,  commission  shall  notify  the  corpora- 
tion to  amend  the  same  within  30  days.     Same. 

The  originals  of  the  reports  shall  be  preserved  in  the  office 

5786  of  commission.     Same. 

Commission  may  also  require  such  corporations  to  file 
monthly  reports  of  earnings  and  operating  expenses  within  a 
2786  specified  time,  and  may  require  specific  answers  to  questions  upon 
which  it  may  desire  information,  to  be  made  in  such  monthly 
reports,  or  at  any  other  time,  or  in  any  special,  monthly  or  annual 
report.     Same. 

5787  All  such  corporations  shall  file  the  annual  reports  herein 
referred  to  with  commission  on  or  before  September  30  in  each 

718 


year.  Commission  may  extend  the  time  for  making  and  filing 
such  reports  for  a  period  not  exceeding  60  days.     Same. 

If  any  such  corporation  shall  fail  to  make  and  file  the  annual 
report  within  the  time  above  specified,  or  within  the  time  as  ex- 
tended by  commission  or  shall  fail  to  make  specific  answers  to  any 
questions,  or  fail  to  make  and  file  the  monthly  reports  when  required 
by  commission  within  30  days  from  the  time  when  it  is  required 
to  make  and  file  any  such  report  or  answer,  such  corporation  shall 

2788  forfeit  to  the  state  the  sum  of  $100  for  each  and  every  day  it  shall 
continue  to  be  in  default  with  respect  to  such  report  or  answers. 
Such  forfeiture  shall  be  recovered  in  an  action  brought  by  com- 
mission in  the  name  of  the  state,  in  the  circuit  court  or  court  of 
like  jurisdiction  of  Montgomery  county,  and  the  amount  recov- 
ered in  such  action  shall  be  paid  into  the  state  treasury  and  cred- 
ited to  the  general  fund.     Same. 

See  also  par.  2688. 

ARIZONA  Every  public  service  corporation  shall  annually 

furnish  to  commission  at  such  time  and  in  such  form  as  commis- 
sion may  require  a  report  in  which  the  public  service  corporation 
shall  specifically  answer  all  questions  propoimded  by  commission 
upon  or  concerning  which  commission  may  desire  information. 

2789  Commission  may  require  any  public  service  corporation  to  file 
monthly  reports  of  earnings  and  expenses,  and  to  file  periodical 
or  special,  or  both  periodical  and  special  reports  concerning  any 
matter  about  which  commission  is  authorized  by  this  or  any  other 
act  to  inquire  or  to  keep  itself  informed,  or  which  it  is  reqtiired 
to  enforce.  All  reports  shall  be  under  oath  when  required  by 
commission.     Sess.  Laws  igi2,  ch.  go,  sec.  2g. 

ARKANSAS  Every  person  or  corporation  operating  any 

railroad  or  express  company  in  this  state  shall  make  annual 
returns  of  the  business  of  said  railroad  or  express  company  to 
commission,  which  returns  shall  embrace  all  receipts  and  expen- 
ditures of  said  railroad  or  express  companies  in  this  state,  and  to 
be  made  according  to  forms  furnished  by  commission  for  that 

2790  purpose;  said  returns  shall  be  made  within  30  days  after  the  end 
of  each  year  to  which  they  relate;  and  the  first  returns  shall  be 
furnished  within  30  days  after  the  passage  of  this  act,  imless 
ftirther  time  is  granted  by  commission;  said  rettims  shall  be 
sworn  to  by  some  officer  of  said  railroad  or  express  company  hav- 
ing knowledge  of  the  matters  therein  stated.  Kirby^s  Digest 
igo4,  sec.  6812. 

719 


Any  such  person  or  corporation  who  shall  fail  or  refuse  to 
make  such  returns  shall  be  liable  to  a  penalty  of  $50  for  each  day 

2791  of  such  failure  or  refusal,  such  penalty  to  be  recovered  by  action 
commenced  in  the  name  of  the  state  in  any  court  having  juris- 
diction of  the  amount,  such  action  to  be  prosecuted  as  hereinafter 
provided.     Same. 

CALIFORNIA  Provision  for  public  utilities  identical  with 

2792  par.  2789.    Stats.  iQii,  ist.  ex.  sess.,  ch.  14,  sec.  2q. 

CONNECTICUT  Every  railroad  company  shall  make  its  annual 

returns  strictly  according  to  the  forms  provided,  and  if  the  offi- 
cers, trustees,  or  receivers  find  it  impracticable  to  return  all  the 
items  in  detail  as  required,  they  shall  state  in  their  report  the 
reasons  why  such  details  cannot  be  given;  but  no  company  shall 
be  excused  for  not  giving  such  details;  because  it  does  not  keep 

2793  its  accoimts  in  such  manner  as  will  enable  it  to  do  so.  When 
any  such  returns  seem  to  commission  defective  or  erroneous,  it 
shall  notify  the  company,  trustees,  or  receivers  making  the  same, 
and  require  the  amendment  of  such  returns  within  1 5  days  from 
the  time  of  giving  such  notice  under  the  same  penalty  as  is  pro- 
vided for  refusing  or  neglecting  to  make  returns.  Gen.  Stats. 
igo2,  sec.  3820. 

The  officers,  trustees  or  receivers  of  every  railroad  company, 
which  had  leased  a  railroad  upon  terms  by  which  the  rental  is 
based  upon  the  earnings  of  the  leased  road,  shall  make  returns  to 

2794  commission  concerning  the  leased  road,  separate  and  apart  from 
the  business  of  the  lessee,  and  in  the  same  manner  in  which  the 
officers  of  said  leased  railroad  would  be  required  to  make  returns 
had  it  not  been  leased.     Same,  sec.  3821. 

Every  public  service  company  shall  make  its  annual  reports 
strictly  according  to  the  forms  provided,  and  if  it  shall  find  it 
impracticable  to  answer  all  the  items  in  detail  as  required  it  shall 
state  in  its  report  the  reasons  why  such  details  cannot  be  given; 
but  no  company  shall  be  excused  from  giving  such  details  for  the 
reason  that  it  does  not  keep  its  accounts  in  such  manner  as  will 

2795  enable  it  to  do  so.  When  any  such  report  seems  to  commission 
defective  or  erroneous  it  may  notify  the  company  making  the 
same,  and  require  the  amendment  of  such  report  within  1 5  days 
from  the  time  of  giving  such  notice,  under  the  same  penalty  as 
provided  for  refusing  or  neglecting  to  make  such  report;  and 
commission  may  examine  the  officers,  agents,  and  employes, 
books,  records,  accounts,  vouchers,  plant,  and  equipment  of  such 

7ao 


company,  and  may  correct  such  items  in  such  report  as,  upon 
such  examination,  commission  may  find  ought  to  be  corrected. 
Puh.  Acts  igii,  ch.  128,  sec.  26. 

Every  person  who  shall  wilfully  make  any  false  rettun  or 
report  to  commission,  or  to  any  members  thereof,  or  to  any  agent 
or  any  employe  acting  therefor,  or  who  shall  testify  or  affirm  falsely 
to  any  material  fact  in  any  matter  wherein  an  oath  or  affirma- 
tion is  required  or  authorized,  or  who  shall  make  any  false  entry 
or  memorandum  upon  any  accoimt,  book,  paper,  record,  report  or 
statement  of  any  company,  or  who  shall  wilfully  destroy,  mutilate, 
alter,  or  by  any  other  means  or  device  falsify  or  destroy  the  record 

2796  of  any  such  account,  book,  paper,  record,  report,  or  statement 
with  the  intent  to  mislead  or  deceive  commission,  or  any  member 
thereof,  or  any  agent  or  employe  acting  therefor,  or  who  shall 
wilfully  obstruct  or  hinder  commission,  or  any  of  its  members, 
agents  or  employes,  in  the  making  of  any  examination  of  the 
accoimts,  affairs,  or  condition  of  any  company,  and  any  person 
who,  with  like  intent,  aids  or  abets  another  in  any  of  the  acts 
hereinbefore  set  forth,  shall  be  fined  not  more  than  $5,000,  or 
imprisoned  not  more  than  five  years,  or  both.     Same,  sec.  27. 

See  also  par.  2Q44. 

FLORIDA  Every  railroad,  railroad  company  and  common 

carrier  incorporated  or  doing  business  in  this  state,  or  which 
hereafter  shall  become  incorporated  or  do  business  in  this  state 
shall,  annually  on  or  before  the  first  day  of  August,  transmit  to 

2797  the  office  of  commission  a  full  and  true  statement,  imder  oath  of 
the  proper  officers  of  said  corporation,  of  the  affairs  of  such  cor- 
poration, company  or  common  carrier  as  the  same  existed  on 
preceding  July  i.     Gen.  Stats.  igo6,  sec.  2go6. 

Every  officer,  agent  or  employe  of  any  railroad,  railroad 
company  or  other  common  carrier  who  shall  wilfully  refuse  to 
make  and  furnish  any  report  required  by  commission  as  necessary 

2798  to  the  purposes  of  this  act,  or  who  shall  wilfully  and  unlawfully 
hinder,  delay  or  obstruct  the  commission  in  the  discharge  of  its 
duties  imposed  upon  it,  may  be  declared  in  contempt  and  pun- 
ished as  provided  for  in  section  2916.     Same,  sec.  2918. 

All  common  carriers  shall  make  to  commission  annually,  at 
such  time  as  commission  shall  designate,  and  in  accordance  with 

2799  such  forms  as  commission  shall  prescribe,  annual  reports  for  the 
current  year  ending  June  30  immediately  preceding,  which  shall 
contain  a  statement  of  the  organization,  capitalization,  traffic 
earnings  and  such  other  matters  connected  with  their  organiza- 

721 


tion  and  operations  as  commission  shall  require,  which  said  report 
shall  be  verified  by  affidavits  of  the  principal  officers  thereof,  and 
commission  shall  tabulate  and  file  said  annual  reports,  and  in- 
clude them  in  its  annual  report  to  the  governor.  Same,  sec.  2g20. 
See  also  pars.  26 gz,  4ojg. 

GEORGIA  Every  officer,  agent  or  employe  of  any  railroad 

company  who  shall  wilfully  neglect  or  refuse  to  make  and  furnish 
any  report  required  by  commission,  as  necessary  to  the  purposes  of 
article,  or  who  shall  wilfully  and  unlawfully  hinder,  delay,  or 

2800  obstruct  said  commission  in  the  discharge  of  the  duties  hereby 
imposed  upon  it,  shall  forfeit  and  pay  a  sum  of  not  less  than  $100, 
nor  more  than  $500,  for  each  offense,  to  be  recovered  in  an  action 
of  debt  in  the  name  of  the  state.     Code  igii,  sec.  2654. 

BLLINOIS  Every  railroad   company  or  other  common 

carrier  incorporated  or  doing  business  in  this  state,  or  which  shall 
hereafter  become  incorporated  or  do  business  under  any  general 
or  special  law  of  the  state,  shall,  on  or  before  September  30,  in  the 

2801  year  191 1,  and  on  or  before  the  same  day  each  year  thereafter, 
make  and  transmit  to  commission,  at  its  office  in  Springfield,  a 
full  and  true  statement,  under  oath  of  the  proper  officers  of  said 
corporation,  of  the  affairs  of  the  said  corporation,  as  the  same 
existed  on  preceding  July  i.     Revisal  igog,  ch.  114,  sec.  1J2. 

Commission  m.ay  m.ake  and  propound  to  common  carriers 
any  additional  interrogatives,  requiring  information  necessary 

2802  to  the  proper  discharge  of  the  duties  of  commission  arising  under 
this  act,  which  shall  be  answered  by  such  companies  in  the 
same  manner  as  those  specified  in  the  foregoing  section.  Same, 
sec.  lyj. 

Sections  172  and  173  shall  apply  to  the  president,  directors 
and  officers  of  every  common  carrier  now  existing  or  which  shall 

2803  be  incorporated  or  organized  in  this  state,  and  to  every  lessee, 
manager  and  operator  of  any  common  carrier  within  the  state. 
Same,  sec.  1^4. 

Every  owner,  lessee  or  manager  of  ever}'  public  warehouse  in 
this  state  shall  furnish  in  writing,  under  oath  at  such  times  as 

2804  commission  shall  require  and  prescribe,  a  statement  concerning 
the  condition  and  management  of  his  business  as  such  warehouse- 
man.    Revisal  igog,  ch.  114,  sec.  775. 

Every  railroad  company  or  other  common  carrier  and  every 
officer,  agent  or  employe  of  any  railroad  company  or  other  com- 
mon carrier,  and  every  owner,  lessee,  manager  or  employe  of  any 

722 


warehouse,  who  shall  wilfully  neglect  to  make  and  furnish  any 
report  required  in  this  act  at  the  time  required,  or  who  shall  wil- 
fully and  unlawfully  hinder,  delay  or  obstruct  commission  in  the 
discharge  of  the  duties  hereby  imposed  upon  it,  shall  forfeit  and 
2806  pay  a  simi  not  less  than  Sioo  nor  more  than  $5,000  for  each  of- 
fense, to  be  recovered  in  an  action  of  debt  in  the  name  and  for 
the  use  of  the  people  of  the  state;  and  every  railroad  company ,  or 
other  common  carrier,  and  every  officer,  agent  or  employe  of  any 
such  railroad  company,  or  other  common  carrier,  and  every 
owner,  lessee,  manager,  or  agent  or  employe  of  any  public  ware- 
house, shall  be  liable  to  a  like  penalty  for  every  period  of  ten  days 
it  or  he  shall  wilfully  neglect  or  refuse  to  make  such  report. 
Same,  sec.  182. 

Commission  may  call  upon  such  express  companies  or  car- 
riers by  express  for  reports,  and  investigate  their  books  in  the 
same  manner  as  may  be  provided  by  law  for  the  regulation  of 

2806  railroad  companies,  which  reports  shall  be  furnished  to  com- 
mission on  demand.  All  laws,  rules  and  regtdations  made  and 
prescribed  for  the  government  of  railroad,  in  so  far  as  they  are 
or  may  be  applicable,  shall  be  of  equal  force  against  all  such  ex- 
press companies  or  carriers  by  express.     Same,  sec.  375. 

INDIANA  Every   carrier  shall  annually  on    or  before 

October  i,  file  with  commission,  under  the  signature  and  oath  of 
its  principal  accounting  officer,  a  detailed  report,  in  the  form  pre- 
scribed by  commission,  of  all  its  financial  and  business  operations 
in  this  state  for  the  year  ending  on  June  30  preceding,  and  such 
report  shall  embrace  such  other  information  and  facts  as  shall 
be  prescribed  by  the  interstate  commerce  commission  for  reports 
of  interstate  carriers  thereto,  and  such  reports  shall  be  in  the 

2807  form  so  prescribed,  in  so  far  as  the  same  is  applicable.  Any 
carrier  failing  to  make  such  report  for  30  days  after  the  same  shall 
be  due,  unless  the  time  therefor  shall  be  extended  by  commission, 
shall  forfeit  and  pay  to  the  state  the  sum  of  $ioo  for  each  and 
every  day  of  such  default,  to  be  collected  as  provided  in  this  act; 
provided,  that  the  first  report  required  to  be  made  by  an  electric, 
interurbar^  or  suburban  railroad  pursuant  to  this  paragraph  shall 
be  for  the  year  ending  June  30,  1908.  Burns^  Annot.  Stats.  igo8, 
sec.  5533(f)- 

IOWA  Commission  shall  require  annual  reports  from 

all  common  carriers  to  be  made  at  the  same  time  it  makes  report 
,  isos  to  the  executive  council,  to  cover  the  same  period,  and  pre- 
;  ■  =       scribe  the  manner  in  which  specific  answers  to  all  questions  upon 

723 


which  it  may  need  information  shall  be  made.  Code  iSgy,  sec. 
2143. 

Commission  may  also  require  of  any  and  all  common  carriers 
such  other  reports,  and  fix  the  time  for  filing  the  same,  as  in  its 
judgment  shall  be  necessary  and  reasonable,  which  reports  shall 
be  in  such  form,  and  concerning  such  subjects,  and  be  from  such 

2809  sources  as  it  shall  direct,  except  as  otherwise  provided  herein. 
Any  corporation,  company  or  individual  owning  or  operating  a 
railway  within  the  state,  neglecting  or  refusing  to  make  the  re- 
quired reports  by  the  date  fixed,  or  fixed  by  commission,  shall  be 
subject  to  a  penalty  of  $100  for  each  and  every  day  of  delay  in 
making  the  same  after  the  date  thus  fixed.     Same. 

KANSAS  To  enable  commission  to  make  its  report,  the 

president  or  managing  officer  of  each  railroad  or  transportation 
company  shall  annually  make  to  commission  on  September  1 5  of 
each  year,  such  returns,  in  the  form  which  it  may  prescribe,  as 
will  afford  the  inforriiation  required  for  its  said  official  report. 

2810  Such  returns  shall  be  verified  by  the  oath  of  the  officer  making 
them;  and  any  corporation  herein  named  whose  returns  shall 
not  be  made  as  herein  prescribed  by  September  15,  shall  be  liable 
to  a  penalty  of  $500  for  each  and  every  day  after  September  16 
that  such  report  shall  be  wilfully  delayed  or  refused.  Gen.  Stats. 
iQog,  sec.  y2i8. 

Any  person  who  shall  wilfully  and  corruptly  swear,  testify  or 
affirm  falsely  to  any  material  matter,  upon  any  oath  or  affirma- 
tion or  declaration  legally  administered  in  any  cause,  matter  or 

2811  proceeding  before  commission  or  any  member  thereof,  or  in  any 
return,  answer  or  report  required  by  this  act  to  be  made,  shall  be 
deemed  guilty  of  wilful  and  corrupt  perjury,  and  shall  be  pun- 
ished by  imprisonment  in  the  penitentiary  at  hard  labor  for  a 
term  not  exceeding  seven  years.     Same,  sec.  72  ig. 

Each  common  carrier  and  all  public  utilities  shall,  on  or, 
before  September  15,  191 2,  and  on  or  before  the  same  day  in  eachj 
year  thereafter,  make  and  transmit  to  commission,  at  its  officej 

1812  in  Topeka,  Kansas,  a  full  and  true  statement,  under  oath,  of  the 
proper  officers  of  such  corporation,  of  the  affairs  of  such  public^ 
utility  or  common  carrier,  for  the  period  ending  on  Jtme  30  pre-i 
ceding.     Laws  1911,  ch.  2j8,  sec.  24. 

Said  detailed  reports  shall  contain  all  the  required  statistics  | 

S8IS  for  the  period  of  12  months,  ending  on  June  30  of  each  year,  and 
shall  be  made  under  oath,  and  filed  with  commission  at  Topeka> 
on  or  before  September  15  then  next  following,  unless  an  addi- 

724 


tional  time  shall  be  granted  in  any  case  by  commission;  and  if 
any  carrier,  person  or  corporation  shall  fail  to  make  and  file  such 
annual  reports  within  the  time  above  specified,  or  within  the 
time  extended  by  commission  for  making  and  filing  the  same, 
such  party  shall  forfeit  to  the  state  the  sum  of  $ioo  for  each  and 
every  day  it  shall  continue  to  be  in  default -with  respect  thereto. 
Same. 

KENTUCKY  Each  officer,  agent  or  employe  failing  or  re- 

fusing to  make,  under  oath,  any  report  required  by  commission 
within  the  time  required,  or  failing  or  refusing  to  answer  fully, 
under  oath,  if  required,  any  inquiry  propounded  by  commission, 
or  who  shall,  in  any  way,  hinder  or  obstruct  commission  in  the 
discharge  of  its  duty,  shall  be  guilty  of  a  misdemeanor,  and  shall 

2814  be  fined  for  each  offense  not  less  than  $500  nor  more  than  $1,000, 

and  commission  shall  prosecute  the  person  offending;  and  the 

Franklin  circuit  court,  or  the  circuit  coiut  of  any  county  through 

which  the  railroad  runs,  the  officer,  agent  or  employe  of  which 

I  has  violated  the  provisions  of  this  section,  shall  have  jurisdic- 

*  tion  of  such  prosecution;  and  the  commonwealth's  attorney  shalj 
prosecute  all  indictments,  actions  and  proceedings  under  this 

t  law.     CarrolVs  Stats,  igog,  sec.  828. 

Every  railroad  company  shall,  on  or  before  September  i,  in 
each  year,  make  and  transmit  to  commission,  at  its  office  in 
2816  Frankfort,  imder  oath  of  the  president  or  manager  of  the  com- 
pany, a  full  and  true  statement  of  the  affairs  of  said  company  as 
the  same  existed  on  the  first  day  of  the  preceding  July.  Wheeler^ s 
I  Stais.  igog,  sec.  54og. 

MAINE  Every  railroad  corporation  shall,  by  Septem- 

I  ber  I,  make  an  annual  return  to  commission  of  its  operations  for 

*  each  year  ending  Jime  30,  verified  by  the  oath  of  its  treasurer, 

2816  which  return  shall  be  in  the  form  reqtiired  to  be  made  for  the  same 
year  to  the  interstate  commerce  commission  with  such  additions 
for  any  year  as  may  be  prescribed  before  the  beginning  of  the 
year  by  commission.     Rev.  Stats,  igoj,  ch.  5/,  sec.  4g. 

Any  railroad  corporation  wilfully  neglecting  to  make  such 
return,  forfeits  $1,000  to  the  state,  to  be  recovered  in  an  action 

2817  on  the  case,  or  by  complaint  and  indictment;  and  commission 
shall  notify  the  attorney  general  of  such  neglect,  who  shaE  prose- 
cute for  the  recovery  of  such  forfeiture.     Same. 

MARYLAND  Commission  shall  prescribe  the  form  of  the 

annual  reports  reqviired  imder  this  act  to  be  made  by  common 

725 


carriers,  railroads,  street  railroads,  railroad  corporations  and 
street  railroad  corporations  and  all  other  corporations  subject  to 
the  provisions  of  this  act,  and  may  from  time  to  time  make  such 
changes  therein  and  additions  thereto  as  it  may  deem  proper; 
provided,  however,  that  if  any  such  changes  or  additions  require 
any  alteration  ii>  the  method  or  form  of  keeping  the  accoimts  of 

2818  such  corporations,  commission  shall  give  to  them  at  least  six 
months'  notice  before  the  expiration  of  any  fiscal  year  of  any 
such  changes  or  additions,  and  on  or  before  June  30  in  each  year, 
shall  furnish  a  blank  form  for  such  report.  The  contents  of  such 
report,  and  the  form  thereof,  shall  conform  as  nearly  as  possible 
to  that  required  of  common  carriers  imder  the  provisions  of  the 
act  of  Congress  entitled  "An  act  to  regulate  commerce,"  ap- 
proved February  4,  1887,  and  the  act  amendatory  thereof  ap- 
proved Jime  29,  1906,  and  other  amendments  thereto.  Laws 
iQio,  ch.  180,  sec.  21. 

Commission  may  require  such  report  to  contain  information 

2819  in  relation  to  rates  or  regiilations  concerning  fares  or  freights, 
agreements  or  contracts  affecting  the  same,  so  far  as  such  rates  or 
regulations  pertain  to  transportation  within  the  state.     Same. 

When  the  report  of  any  person  or  corporation  is  defective, 

2820  or  believed  to  be  erroneous,  commission  shall  notify  it  to  amend 
the  same  within  a  time  prescribed  by  commission.     Same. 

The  originals  of  the  reports,  subscribed  and  sworn  to  as  pre- 
3821  scribed  by  law,  shall  be  preserved  in  the  office  of  commission. 
Same. 

Commission  may  also  require  common  carriers  to  file  periodic 

2822  reports  of  earnings  and  expenses  within  a  specified  time.     Same. 

Commission  may  reqmre  of  all  common  carriers  specific, 

2823  answers  to  questions  upon  which  commission  may  need  in-j 
formation.     Same. 

The  annual  report  required  to  be  filed  by  a  common  carrierj 

2824  shall  be  so  filed  on  or  before  September  30  in  each  year.  Com-; 
mission  may  extend  the  time  for  making  and  filing  such  report  forj 
a  period  not  exceeding  60  days.     Same. 

If  such  common  carrier  shall  fail  to  make  and  file  the  annual! 
report  within  the  time  above  specified,  or  within  the  time  as  ex-| 
tended  by  commission,  or  shall  fail  to  make  the  specific  answer  to  j 
any  question,  or  shall  fail  to  make  the  periodic  reports  when] 
required  by  commission  as  herein  provided,  within  30  days  from;; 
the  time  when  it  is  required  to  make  and  file  any  such  report  orj 
3836  answer,  such  common  carrier  shall  forfeit  to  the  state  the  sumj 

726 


of  $ioo  for  each  and  every  day  it  shall  continue  to  be  in  defatdt 
with  respect  to  such  report  or  answer.  Such  forfeiture  shall  be 
recovered  in  an  action  brought  by  commission  in  the  name  of 
the  state.  The  amoimt  recovered  in  any  such  action  shall  be 
paid  to  the  state  treasurer,  except  one-fourth  thereof,  which  shall 
be  paid  to  the  mayor  and  city  council  of  Baltimore.     Same. 

Commission  shall  require  every  person  and  every  gas  or  elec- 

2826  trie  corporation  under  its  supervision  to  submit  to  it  an  annual 
report,  verified  by  the  oath  of  the  president,  treasurer  or  general 
manager  thereof.     Same,  sec.  31%. 

Such  reports  shall  be  in  the  form,  cover  the  period  and  be 
submitted  at  the  time  prescribed  by  commission.  Commission 
may,  from  time  to  time,  make  changes  and  additions  in  such 
forms,  giving  to  the  persons,  corporations  and  municipalities  six 
months'  notice  before  the  time  fixed  by  commission  as  the  ex- 

2827  piration  of  the  fiscal  year  of  any  changes  or  additions  which  would 
require  any  alteration  in  the  method  or  form  of  keeping  their 
accounts  for  the  ensuing  year.  When  such  report  is  defective 
or  believed  to  be  erroneous  commission  shall  notify  the  person, 
corporation  making  such  report  to  amend  the  same  within  30 
days.     Same. 

Any  such  person  or  corporation  which  shall  neglect  to  make 
any  such  report  within  the  time  specified  by  commission,  or  which 
shall  fail  to  correct  any  such  report  within  30  days  after  notice 
shall  be  liable  to  a  penalty  of  $100  and  an  additional  penalty  of 

2828  $100  for  each  day  after  the  prescribed  time  for  which  it  shall 
neglect  to  file  or  correct  the  same,  to  be  sued  for  in  the  name  of 
the  state.  The  amount  recovered  in  any  such  action  shall  be 
paid  to  the  state  treasury,  one-fourth  thereof,  however,  shall  be 
paid  to  the  mayor  and  city  coimcil  of  Baltimore.  Commission 
may  extend  the  time  herein  limited  for  cause  shown.     Same. 

Commission  shall  require  every  person  and  every  telephone 

2829  or  telegraph  corporation  imder  its  supervision  to  submit  to  it  an 
actual  (annual?)  report,  verified  by  the  oath  of  the  president, 
treasurer,  or  general  manager.     Same,  sec.  jg. 

Such  reports  shall  be  in  the  form,  cover  the  period  and  be 
submitted  at  the  time  prescribed  by  commission.  Commission 
may,  from  time  to  time,  make  changes  and  additions  in  such 

2830  forms,  giving  to  the  persons  and  corporation  three  months'  notice 
before  the  time  fixed  by  commission  as  the  expiration  of  the  fiscal 
year  of  any  changes  or  additions  which  would  require  any  altera- 
tion in  the  method  or  form  of  keeping  their  accoimts  for  ensuing 

727 


year.  When  any  such  report  is  defective,  or  believed  to  be  erro- 
neous, commission  shall  notify  the  person  or  corporation  making 
such  report  to  amend  the  same  within  30  days.     Same. 

Any  such  person  or  corporation  which  shall  neglect  to  make 
any  such  report  within  the  time  specified  by  commission,  or 
which  shall  fail  to  correct  any  such  report  within  15  days  after 
notice,  shall  be  liable  to  a  penalty  of  $100  and  an  additional  pen- 

2831  alty  of  $10  for  each  day  after  the  prescribed  time  for  which  it 
shall  neglect  to  file  or  correct  the  same,  to  be  sued  for  in  the  name 
of  this  state.  The  amount  recovered  in  any  such  action  shall  be 
paid  into  the  state  treasury  and  be  credited  to  the  general  fund. 
Commission  may  extend  the  time  herein  limited  for  cause  shown. 
Same. 

MASSACHUSETTS  Corporations  and  companies  engaged  in  the 
manufacture  and  sale  of  gas  or  electricity  for  light  or  heat  shall 
annually  on  or  before  the  second  Wednesday  of  September,  make 

2832  to  commission  in  a  form  prescribed  by  it,  a  return  for  the  year 
ending  on  June  30,  preceding,  signed  and  sworn  to  by  its  president 
and  treasurer  and  a  majority  of  the  directors.  Rev.  Laws  igo2, 
ch.  i2iy  sec.  ji.^ 

Each  such  gas  or  electric  light  corporation  or  company  neg- 
lecting to  make  the  annual  return  required  by  the  preceding  sec- 
tion, shall,  for  the  first  15  days  or  portion  thereof  during  which 
such  neglect  continues,  forfeit  $5  a  day;  for  the  second  15  days  or 
any  portion  thereof,  $10  a  day;  and  for  each  day  thereafter  not 

2833  more  than  $15  a  day.  If  any  company  imreasonably  refuses  or 
neglects  to  make  such  return,  it  shall,  in  addition  thereto,  forfeit 
not  more  than  $500  for  each  offense.  All  forfeitures  recovered 
tmder  the  provisions  of  this  section  shall  be  paid  into  the  treasury 
of  the  commonwealth  and  applied  to  the  payment  of  the  expenses 
of  commission.     Same,  sec.  32. 

Every  company  engaged  in  the  business  of  the  transmission 
of  intelligence  by  electricity,  within  the  commonwealth  shall 
annually,  on  or  before  October  i,  in  each  year  after  the  year  1906, 
submit  to  commission  a  report  of  its  doing  for  the  year  ending  on 
2884  such  date  or  dates  preceding  as  commission  may  designate,  which 
report  shall  be  in  such  form  and  detail  as  commission  may  from 
time  to  time  prescribe,  and  shall  be  called  the  ''Annual  Return. " 
Such  return  shall  be  sworn  to  by  the  treastirer  and  by  the  chief 
accounting  officer  of  such  company.  Acts  igo6,  ch.  433,  sec.  8. 
Any  company  engaged  in  the  business  of  the  transmission  of 

» See  footnote  ijpar.  276. 

728 


intelligence  by  electricity  neglecting  to  make  the  annual  return 
required  by  the  preceding  sections  shall,  for  the  first  1 5  days  or 
portion  thereof  during  which  such  neglect  continues,  forfeit  $5  a 
day;  for  the  second  15  days  or  any  portion  thereof,  $10  a  day;  and 
8835  for  each  day  thereafter  a  sum  not  exceeding  $15  a  day.  If  any 
company  unreasonably  refuses  or  neglec1:s  to  make  such  return, 
it  shall,  in  addition  thereto,  forfeit  not  more  than  $500  for  each 
offense.  All  forfeitures  recovered  tmder  the  provisions  of  this 
•  act  shall  be  paid  in  to  the  treasury  of  the  commonwealth.  Same, 
sec.  p. 

Commission  shall  prescribe  the  form  for  the  annual  returns 
to  be  made  by  railroad  corporations  and  street  railway  companies, 
may,  from  time  to  time,  make  changes  and  additions  in  such  form, 
and  shall  give  to  the  corporations  and  companies  one  year's 

2836  notice  of  any  changes  or  additions  which  require  an  alteration  in 
the  method  or  form  of  keeping  their  accounts.  It  may  change 
the  form  of  returns  of  railroad  corporations  to  conform  to  the 
form  of  returns  required  by  the  interstate  commerce  commission, 
if  it  gives  to  such  corpi^ratlons  one  month's  notice  of  such  change. 
Acts  igo6,  ch.  463,  pt.  i,  sec.  20. 

If  a  return  is  defective  or  appears  to  be  erroneous,  commis- 
sion shall  notify  the  corporation  or  company  to  amend  it  within 

2837  15  days.  The  original  of  each  return  or  amended  return,  sub- 
scribed and  sworn  to  by  the  directors,  treasurer  and  chief  account- 
ing officer  of  the  corporation  or  company,  shall  be  preserved  in 
the  office  of  commission.     Same. 

'  The  directors  of  a  railroad  corporation  shall  annually,  on  or 
before  the  first  Wednesday  of  September,  transmit  to  commission 
a  report  of  their  doings  for  the  year  ending  on  June  30  preceding 
which  shall  be  called  the  annual  return  and  which  shall  be  sworn 
to  by  them  and  by  the  treasurer  and  the  chief  accounting  officer 
of  the  corporation.  Such  return  shall  state  whether  any  fatal 
accident  or  serious  injury  has  occurred  to  a  passenger  or  other 
S838  person  upon  the  railroad  during  the  year,-  and,  if  so,  the  cause 
of  such  accident  or  injury  and  the  circumstances  under  which  it 
occurred;  shall  set  forth  copies  of  all  contracts  or  leases  made  with 
other  railroad  corporations  during  the  year,  and  specify  the  re- 
ceipts and  expenditures  under  the  same;  and  shall  include  a 
detailed  statement  of  all  particulars  relative  to  the  railroad,  its 
business,  receipts  and  expenditures  during  the  year,  in  such  form 
as  shall  be  prescribed  by  commission  under  the  provisions  of 
section  20  of  part  I.     Acts  igo6,  ch.  46 j^  pt.  it,  sec.  248. 

729 


The  books  of  each  corporation  shall  be  so  kept  that  returns 
may  be  made  in  exact  conformity  with  the  form  so  prescribed; 

2839  and  the  accounts  shall  be  closed  on  June  30  in  each  year,  so  that 
a  balance  sheet  of  that  date  can  be  taken  therefrom  and  included 
in  the  return.     Same. 

Every  railroad  corporation  which  neglects  to  make  said 
annual  return  within  the  time  prescribed  in  this  section,  or  to 
amend  said  return  within  1 5  days,  when  required  by  commission 

2840  as  provided  in  section  20,  shall  forfeit,  for  every  such  neglect, 
$50  for  each  day  during  which  such  neglect  continues;  and  if  such 
corporation  unreasonably  refuses  or  neglects  to  make  said  return, 
it  shall  forfeit  for  every  such  refusal  or  neglect  not  more  than 
$5,000.     Same. 

Every  railroad  corporation  which  operates  a  railroad  within 
this  commonwealth  shall,  within  50  days  after  the  expiration  of 
each  quarter  of  the  calendar  year,  transmit  to  commission  a 
quarterly  statemenW)f  its  business  and  financial  condition,  in 

2841  such  form  and  with  such  detail  as  commission  may  require,  which 
shall  at  reasonable  times  be  open  to  public  inspection.  A  rail- 
road corporation  which  neglects  to  comply  with  the  provisions 
of  this  section  shall  forfeit  $50  for  each  day  during  which  such 
neglect  continues.     Same,  sec.  24g, 

Every  railroad  corporation  shall,  during  the  continuance  of 
any  lease  which  it  has  taken  of  the  railroad  of  another  corpora- 
tion, make  all  the  returns  required  of  the  lessor;  and  during  the 
continuance  of  such  lease,  the  lessor  shall  not  be  required  to  make 

2842  such  returns,  if,  when  requested  by  the  lessee,  the  lessor  fur- 
nishes all  the  information  in  its  possession  needed  to  make  such 
returns;  but  if  a  railroad  in  this  commonwealth  is  leased  to  a 
lessee  in  another  state,  the  lessors  in  this  commonwealth  shall 
make  the  annual  return.     Same,  sec.  250. 

The  directors  of  every  street  railway  company  shall  an- 
nually, on  or  before  the  first  Wednesday  of  November,  trans- 
mit to  commission  a  return  of  the  doings  of  the  company  for  the 
year  ending  on  September  30  preceding,  which- shall  be  sworn  to 
2848  by  themselves  and  by  the  treasurer  and  the  superintendent  of  the 
company.  Such  return  shall  set  forth  copies  of  all  leases  and 
contracts  made  during  the  year  with  other  companies  and  in- 
dividuals, and  shall  contain  full  and  complete  information  upon 
the  several  items  contained  in  the  form  prescribed  by  commission. 
Acts  1Q06,  ch.  463,  pt.  in,  sec.  151. 

A  company  which  owns  a  leased  railway  shall  be  responsible 

730 


for  the  completeness  and  correctness  of  its  annual  return  to  the 
same  extent  as  if  the  railway  were  in  its  own  possession.     If  a  re- 

2844  turn  is  defective  or  appears  to  be  erroneous,  commission  shall 
notify  the  company  to  amend  it  within  15  days.  A  company 
which  neglects  to  make  a  return,  or  to  amend  it  when  notified  so 
to  do,  shall  forfeit  $25  for  each  day  during  which  such  neglect 
continues.     Same. 

Commission  may  make  changes  in  and  additions  to  the  form 
of  the  returns  required  by  the  preceding  section,  if  it  gives  to  the 

2845  several  companies  one  year's  notice  of  any  such  changes  and  ad- 
ditions as  require  an  alteration  in  the  method  or  form  of  keeping 
their  accounts.     Same,  sec.  152. 

The  lessee  of  a  street  railway  shall  make  to  the  company 
which  owns  it  the  same  annual  return  under  oath  of  the  opera- 

2846  tions  and  business  of  the  railway  as  is  required  of  the  company 
which  owns  it ;  and,  for  failure  so  to  do,  shall  be  liable  in  an  action 
of  tort  to  said  company  for  all  the  penalties  prescribed  by  law  for 
failure  by  it  to  make  its  annual  return.     Same,  sec.  154. 

Every  person,  firm,  association  or  corporation  doing  an  ex- 
press business  upon  either  a  railroad  or  railway  in  this  common- 
wealth shall  annually,  on  or  before  the  first  Wednesday  in  Novem- 
ber, transmit  to  commission  a  return  of  his  or  its  doings  for  the 
year  ending  on  September  30  preceding,  said  return  to  be  under 
oath  of  such  person  or  of  the  financial  officer  or  representative  of 

2847  such  firm,  association  or  corporation.  The  return  shall  set 
forth  copies  of  all  contracts  made  during  the  year  with  other  per- 
sons, firms,  associations  or  corporations  doing  a  transportation 
or  express  business  upon  any  railroad  or  railway  in  the  common- 
wealth, and  shall  give  complete  information  in  reply  to  the 
questions  presented  in  the  form  for  such  return  which  shall  be 
prescribed  by  commission.     Acts  igo8,  ch.  ^gg,  sec.  i. 

If  a  return  made  under  the  provisions  of  the  preceding  sec- 
tion appears  to  be  defective  or  erroneous,  commission  shall  re- 
quire the  person,  firm,  association  or  corporation  making  it  to 

2848  amend  it  within  15  days.  A  person,  firm,  association  or  corpo- 
ration neglecting  to  make  a  return  as  herein  required  or  to  amend 
it  when  requested  so  to  do  shall  forfeit  $25  for  each  day  during 

»       which  such  neglect  continues.     Same,  sec.  2. 
The  annual  returns  now  required  by  law  to  be  made  to 

2849  railroad  commission  shall  be  returns  for  the  year  ending  Jime  30, 
and  shall  be  transmitted  to  commission  on  or  before  September 
30  upon  blank  forms  of  return  to  be  furnished  by  commission  on 

731 


or  before  June  i,  in  each  year.  The  time  within  which  all  re- 
turns are  required  by  law  to  be  made  to  commission  may  be  ex- 
tended by  commission  to  such  date  subsequent  thereto  as  it  may, 
for  good  cause  shown,  fix  in  any  case.  Acts  igog,  ch.  j02,  sec.  i. 
See  also  par.  2588. 

MICHIGAN  Every  corporation  incorporated  under  this  act  * 

shall,  on  or  before  May  i,  in  the  year  1882,  and  on  or  before  the 
same  day  in  each  and  every  year  thereafter,  make  and  transmit  tQ 

S850  commission  at  its  office  in  Lansing,  a  full  and  true  statement, 
imder  oath,  of  the  proper  officers  of  said  corporation,  of  the 
affairs  of  said  corporation  on  December  31  preceding.  Comp. 
Laws  i8gy,  sec.  6372. 

Commission  may  require  of  persons,  firms  or  corporations  ^ 

2861  annually  a  verified  report  upon  such  form  and  giving  such  infor- 
mation as  will  enable  commission  to  better  discharge  the  duties 
imposed  upon  it  hereby.     Puh.  Acts  igog,  no.  106,  sec.  6. 

Every  common  carrier  incorporated  or  doing  business  in  this 
state,  or  which  hereafter  shall  become  incorporated  or  do  busi- 
ness in  this  state,  shall  on  or  before  October  i,  1909,  and  on  or 
before  the  same  day  each  year  th'ereafter  make  and  transmit  to 
commission  at  its  office  in  Lansing  a  full  and  true  statement, 

S85S  under  oath  of  the  proper  official  of  such  corporation,  of  the  affairs 
of  such  corporation  relative  to  the  state  of  Michigan  for  the  year 
ending  Jime  30  preceding,  which  statement  for  the  state  of 
Michigan  shall  be  similar  in  character  and  detail  to  the  annual 
report,  if  any,  required  to  be  made  by  such  carriers  to  the  inter- 
state commerce  commission.     Puh.  Acts  igog,  no.  joo,  sec.  jo. 

Commission  may  make  and  propound  to  such  common  car- 
rier subject  to  the  provisions  of  this  act,  any  other  or  additional 
interrogatories  relating  to  the  management  of  such  corporation 
and  to  the  condition  of  its  respective  road  and  rolling  stock  and 

S85S  such  other  subjects  as  in  its  judgment  may  be  necessary  in  order 
to  gain  full  information  in  regard  thereto.  Every  common 
carrier  doing  business  in  this  state,  shall,  when  so  ordered  by 
commission,  report  to  commission  its  earnings  from  every  source 
for  the  period  designated  in  such  order,  and  the  proper  blanks 
for  that  purpose  shall  be  furnished  by  commission.  Same,  sec.  30. 
Each  telephone  company  shall  make  on  or  before  December 
I  of  each  year  upon  blanks  to  be  furnished  by  commission,  a  state- 

»  An  act  to  authorize  the  incorporation  of  companies  for  the  construction  of  union 
railroad  stations  and  depots,  with  the  necessary  connecting  tracks,  and  the  management  of 
the  same. 

*  For  the  transmission  of  electricity. 


ment  of  its  income  and  expense  for  the  preceding  fiscal  year, 
2854  amount  of  stock  and  other  securities  issued,  investment  in  ex- 
changes, toll  lines,  real  estate  and  such  other  information  as  com- 
mission may  require,  said  statement  to  be  made  under  oath  of  the 
president  and  secretary  of  the  company.  Pub.  Acts  igii,  no. 
ij8y  sec.  ly. 

See  also  par.  2g^4. 

MINNESOTA  On  or  before  April  i  of  each  year,  every  rail- 

road company  which  has  received  lands  from  the  state  or  the 
United  States  to  aid  it  in  the  building  of  its  road  shall  make  to 
commission  a  full  and  complete  return  of  all  lands  sold  or  con- 

2865  tracted  to  be  sold  during  the  years  ending  December  31  pre- 
ceding, verified  by  the  land  commissioner  or  other  proper  officer 
of  such  company.  All  trustees  or  other  persons  to  whom  any 
such  lands  have  been  conveyed,  or  by  whom  such  lands  are  held 
or  otherwise,  shall  be  subject  to  this  vSection.  Rev.  Laws  igojj 
sec.  loii. 

Every  carrier  subject  to  supervision  of  commission  shall 
annually,  on  or  before  September  30,  unless  additional  time  be 
granted,  file  with  commission  a  report  verified  by  such  carrier, 

2866  or  by  its  president,  vice-president,  treasurer,  comptroller, 
auditor,  or  receiver,  in  such  form  as  commission  may  prescribe, 
covering  the  year  ending  June  30  next  preceding.  Same,  sec. 
1984. 

Any  such  carrier  failing  to  comply  with  the  provisions  of  this 
2857  section  or  with  any  order  of  commission  made  thereimder  shall 
forfeit,  for  each  day's  default,  $100,  to  be  recovered  in  a  civil 
J:'        action  in  the  name  of  the  state.     Same. 

MISSISSIPPI  All  railroads  and  other  common  carriers  are 

2868  required  to  take  notice  of  the  time  of  making  the  returns  and 

reports  required  by  law.     Code  igo6,  sec.  48 jj. 

Every  railroad  shall  make  quarterly  returns  to  commission, 

within  40  days  after  the  end  of  each  quarter,  of  all  receipts  and 

2859  expenditures  of  the  railroads,  and  embracing  such  other  proper 
matters  as  commission  shall  require.  The  returns  shall  be 
according  to  forms  prescribed  by  commission.     Same,  sec.  4874. 

Every  railroad  shall  make  a  report  to  commission,  on  blanks 
to  be  furnished  by  it,  up  to  and  including  June  30  of  each  year 
within  60  days  after  that  date,  and  to  report  therein  fully  as  to 

2860  all  matters  required  by  commission.  The  report  shall  give  the 
name  of  each  person  transported  free  of  charge  and  the  consider- 


733 


ation  for  such  free  transportation,  and  the  number  of  miles 
traveled.     Samey  sec.  4875. 

The  annual  reports  and  quarterly  returns  shall  be  sworn  to 

by  one  or  more  officers  of  the  railroad  or  of  the  persons  operating  it 

2861  who  has  knowledge  of  their  truth;  and  any  person  knowingly 

swearing  falsely  to  any  statement  in  any  of  said  annual  reports 

or  quarterly  retirms  shall  be  guilty  of  perjiuy.     Same,  sec.  4876. 

If  any  railroad  shall  fail  or  refuse  to  make  any  annual  report 

or  quarterly  return  within  the  time  prescribed,  or  to  report  or 

S862  return  ftdly  in  the  manner  required,  it  shall  forfeit  the  sirni  of  $50 

for  each  day's  delay,  to  be  recovered  in  an  action  to  be  instituted 

by  commission.     Same,  sec.  48JJ. 

Every  express,  telegraph  (telephone?)  and  sleeping  car  com- 
pany doing  business  in  or  through  this  state  shall  make  the  like 
returns  and  reports  as  are  required  of  railroads,  of  the  like  dates 
and  within  time  prescribed  for  railroads,  and  on  the  forms  pre- 
sses scribed  by  commission,  and  imder  the  like  penalty  on  their 
several  parts  and  on  the  parts  of  their  officers,  and  shall,  more- 
over, by  any  failure  to  comply  with  the  law  and  the  reasonable 
requirements  of  commission,  forfeit  its  right  to  do  business  in 
this  state.     Same,  sec.  48^8. 

MISSOURI  The  directors  of  every  railroad  company  or 

corporation  which  is  now  or  hereafter  may  be  organized  under 
the  laws  of  this  state,  shall  hold  a  meeting  on  the  second  Tuesday 
in  March  of  each  year,  for  the  transaction  of  such  business  as  may 
properly  come  before  them  at  their  office  or  place  of  business 
which  shall  have  been  established  in  this  state,  30  days'  notice 
having  been  given  by  publication  in  two  or  more  newspapers  hav- 
ing the  greatest  circulation  in  the  county  or  city  in  which  the 
office  of  such  railroad  company  or  corporation  shall  be  situated. 
The  general  manager  or  other  chief  officer  of  every  such  railroad 

2S64  company  or  corporation,  and  the  manager  or  other  chief  officer  of 
every  railroad  company  or  corporation  organized  under  the  laws 
of  another  state,  and  owning,  leasing,  operating  or  controlling  a 
railroad  within  this  state,  shall,  on  or  before  October  i,  of  each 
year,  transmit  to  the  office  of  commission  a  statement  in  detail 
of  the  affairs  of  such  company  or  corporation  as  the  same  ex- 
isted on  Jime  30  first  preceding,  and  of  the  business  operations 
of  such  company  or  corporation  for  the  year  ending  Jtine  30  as 
aforesaid.  Said  statements  must  be  certified  to  under  oath  of  the 
proper  officer  of  said  company  or  corporation,  and  must  be  made 
out  upon  printed  forms,  of  which  forms  two  shall  be  furnished 

734 


by  commission  to  each  company  or  corporation,  which  printed 
:  forms  shall  contain  all  interrogatories  necessary  to  obtain  a  full 

^  statement,   in    detail,  of  the  organization,  condition,  business 

affairs  and  operations  of  such  railroad  company  or  corporation 

for  the  year  ending  June  30  as  aforesaid.     Rev.  Stats,  igog,  sec. 
I  3o8g. 

The  directors  of  any  such  railroad  company  who  shall  fail  to 

hold  such  meeting,  or  neglect  to  make  such  report,  or  fail  to 

2865  transmit  such  report  to  the  office  of  commission  within  the  time 
prescribed  by  section  3089  hereof,  shall  be  deemed  guilty  of  a 
misdemeanor,  and  upon  conviction,  shall  be  punished  by  a  fine 
of  not  less  than  $250  nor  more  than  $1,000.     Same,  sec.  jogo. 

Every  express  company  shall  cause  their  agents  and  em- 
ployes to  prepare  and  furnish  a  complete  verified  monthly  state- 
ment of  the  amount  of  business  done  by  each  of  their  respective 
offices,  both  state  and  interstate,  on  blanks  furnished  by  commis- 
sion, and  which  statements  shall  be  filed  in  the  office  of  comr 

2866  mission.  Any  such  express  company,  their  agents  or  employes, 
who  shall  fail  or  refuse  to  furnish  such  statement,  shall  be  deemed 
guilty  of  a  misdemeanor  and,  upon  conviction,  shall  be  fined  not 
less  than  $100,  nor  more  than  $1,000  for  each  refusal  or  failure 
to  furnish  such  statements;  such  fines  to  be  recovered  by  the 
prosecuting  attorney  of  the  county  where  such  office  is  located. 
Same,  sec.  3288/. 

The  directors  of  every  express  company  or  corporation  which 
is  now,  or  hereafter  may  be  organized  iinder  the  laws  of  this 
state  shall  hold  a  meeting  upon  the  second  Tuesday  in  March  of 
each  year,  for  the  transaction  of  such  business  as  may  properly 
come  before  them,  at  their  office  or  place  of  business,  which  shall 
have  been  established  in  this  state,  30  days'  notice  having  been 
given  by  publication  in  two  or  more  newspapers  having  the 
greatest  circulation  in  the  county  or  city  in  which  the  office  of  such 

2867  express  company  or  corporation  shall  be  situated.  The  general 
manager  or  other  chief  officer  of  every  such  express  company  or 
corporation,  and  the  general  manager  or  other  chief  officer  of 
every  express  company  or  corporation  organized  under  the  laws 
of  another  state,  and  doing  an  express  business  in  this  state, 
shall,  on  or  before  October  i,  of  each  year,  transmit  to  the 
office  of  commission  a  statement  in  detail  of  the  affairs  of  such 
company  or  corporation  as  the  same  existed  on  June  30  first 
preceding,  and  of  the  business  operations  of  such  company  or 
corporation  for  the  year  ending  June  30  as  aforesaid.     Said 

735 


statements  must  be  certified  to  under  oath  of  the  proper  officers 
of  said  company  or  corporation,  and  must  be  made  out  upon 
printed  forms,  of  which  forms  two  shall  be  furnished  by  com- 
mission to  each  company  or  corporation,  which  printed  forms 
shall  contain  all  the  interrogatories  necessary  to  obtain  a  full 
statement,  in  detail,  of  the  organization,  condition,  business 
affairs  and  operations  of  such  express  company  or  corporation 

for  the  year  ending  June  30  as  aforesaid.     Same,  sec.  32g4. 

■ 

The  directors  of  any  such  express  company  who  shall  fail 
to  hold  such  meeting,  or  neglect  to  make  such  report,  or  fail  to 

2868  transmit  such  report  to  the  office  of  commission  within  the  time 
prescribed  by  section  3294,  shall  be  deemed  guilty  of  a  mis- 
demeanor, and  upon  conviction  shall  be  punished  by  a  fine  of 
not  less  than  $250  nor  more  than  $1,000.     Same,  sec.  32g^. 

Every  owner,  lessee  and  manager  of  every  public  warehouse 
or  elevator  shall  furnish  in  writing,  under  oath,  at  such  times  as 

2869  commission  shall  require  and  prescribe,  a  statement  concerning 
the  condition  and  management  of  his  business  as  such  ware- 
houseman or  elevatorman.     Same,  sec.  6jgS. 

MONTANA  Commission  shall  require  verified  annual  re- 

ports from  each  and  every  railroad  owning,  operating  or  having 
any  line  of  railroad  in  this  state,  prescribe  the  manner  in  which 
such  reports  shall  be  made,  and  may  require  specific  answers  to 
all  questions  upon  which  commission  may  desire  information. 
It  shall  be  the  duty  of  the  president  or  other  officer  in  charge  of 
such  railroad  to  make  such  report  and  answers  to  commission. 

2870  Commission  may,  at  such  other  times  as  it  may  deem  necessary, 
require  such  other  information,  statements  or  reports,  as  may  be 
deemed  necessary,  and  fix  the  time  for  filing  of  the  same.  Any 
railroad  failing  or  refusing  to  make  or  file  such  annual  report,  or 
failing  or  refusing  to  furnish  such  additional  information,  state- 
ments or  reports,  as  may  be  demanded  by  commission,  shall  for- 
feit the  simi  of  $500  for  each  day  that  such  refusal  or  neglect 
shall  be  continued.     Rev.  Codes  igoy,  sec.  4395. 

NEBRASKA  Every  common   carrier   shall,  on  August  i, 

and  annually  thereafter,  transmit  to  the  office  of  commission 

1871  a  full  and  complete  statement  under  oath  of  its  proper  officers, 
of  the  affairs  of  such  common  carrier,  as  the  same  existed  on 
the  first  day  of  July  next  preceding.  Cobbey's  Annot.  Stats. 
1909,  sec.  10657. 

1872  If  any  common  carrier  shall  neglect  or  refuse  to  file  such: 

736 


statement  with  commission,  it  shall  forfeit  and  pay  for  each  such 
offense  not  less  than  $500  nor  more  than  $5,000.  Same,  sec. 
io657{a). 

NEVADA  Every  railroad   company  shall,  on   or  before 

September  15,  1907,  and  on  or  before  the  same  day  of  each 
year  thereafter,  make  and  transmit  to  commission  in  its  office 
in  Nevada  a  full  and  true  statement,  under  oath  of  the  proper 
officer  of  such  corporation,  of  the  affairs  of  such  corporation  rela- 

2873  tive  to  the  state  of  Nevada,  for  the  year  ending  on  June  30, 
preceding,  which  statement  for  the  state  of  Nevada  shall  be  simi- 
lar in  character  and  detail  to  the  annual  report  required  to  be 
made  by  railroad  companies  to  the  interstate  commerce  com- 
mission, and  such  other  and  further  information  as  may  be  re- 
quired by  commission.     Stats,  igoj,  ch.  44,  sec.  20. 

The  accounts  of  all  such  public  utilities  shall  be  closed 
annually  on  June  30,  a  balance  sheet  taken  promptly  therefrom, 
and  full  annual  reports  of  the  business  be  made  to  commission 
not  later  than  September  15,  following  the  closing  of  the  ac- 
counts.    The  reports  shall  be  made  in  such  form  as  may  be 

2874  prescribed  by  commission,  and  shall  contain  all  the  information 
deemed  by  commission  necessary  for  the  proper  performance 
of  its  duties.  Commission  may,  at  any  time,  call  for  desired 
information  omitted  from  such  reports,  or  not  provided  for  there- 
in, whenever,  in  the  judgment  of  commission,  such  information 
is  necessary.     Stats.  191 1,  ch.  162,  sec.  7(6). 

Any  officer,  agent  or  person  in  charge  of  the  books,  ac- 
counts, records  and  papers,  or  any  of  them,  of  any  public  utility, 
who  shall  refuse  or  fail  for  a  period  of  30  days  to  ftunish  com- 
mission with  any  report  required  by  the  provisions  of  this  act, 
and  any  officer,  agent  or  person  in  charge  of  any  particular  books, 
accounts,  records,  or  papers  relating  to  the  business  of  such 
public  utility  who  shall  refuse  to  permit  any  commissioner  or 
2876  other  person  duly  authorized  by  commission  to  inspect  such 
books,  accounts,  records,  or  papers  on  behalf  of  commission  shall 
be  subject  to  a  fine  of  not  less  than  $100  or  more  than  $500,  such 
fine  to  be  recovered  in  a  civil  action  upon  the  complaint  of  com- 
mission in  any  court  of  competent  jurisdiction;  and  each  day's 
refusal  or  failure  on  the  part  of  such  officer,  agent  or  person  in 
charge  shall  be  deemed  a  separate  offense,  and  be  subject  to  the 
penalty  herein  prescribed.     Same,  sec.  8. 

Every  annual  report,  record  or  statement  required  by  this 
act  to  be  made  to  commission  shall  be  sworn  to  by  the  proper 

737 


officer,  agent  or  person  in  charge  of  such  public  utility.     Any 

2876  intentionally  false  oath  as  to  the  correctness  of  such  report, 
record  or  statement,  shall  be  deemed  perjury,  and  the  person 
making  such  false  oath  shall,  upon  conviction,  be  punished  as  in 
the  case  of  other  perjuries.     Same,  sec.  2g. 

NEW  HAMPSHIRE  Every  railroad  corporation  and  public  utility 
shall  file  with  commission  reports  at  such  times,  verified  by  oath 
in  such  manner,  and  setting  forth  such  statistics  and  facts  as  may 

2877  be  required  by  commission.  In  the  case  of  railroad  corporations 
annual  reports  shall  conform  as  nearly  as  may  be  to  those  required 
of  common  carriers  by  the  interstate  commerce  commission. 
Laws  iQii,  ch.  164,  sec.  8{a). 

If  any  railroad  corporation  or  public  utility  shall  neglect 
or  refuse  to  make  and  file  any  report  within  a  time  specified  by 
commission,  or  shall  neglect  or  refuse  to  make  specific  answer  to 
any  question  lawfully  asked  by  commission,  such  railroad  cor- 

2878  poration  or  public  utility  shall  forfeit  to  the  state  the  sum  of  $100 
for  each  and  every  day  it  shall  continue  to  be  in  default  with 
respect  to  such  report  or  answer,  unless  it  shall  be  excused  by 
commission  from  making  such  report  or  answer  or  the  time  for 
making  the  same  shall  be  extended  by  commission.  Same, 
sec.  8{h). 

NEW  JERSEY  Commission  may  require  every  public  utility 

to  furnish  annually  a  detailed  report  of  finances  and  operations, 

2879  in  such  form  and  containing  such  matters  as  commission  may 
from  time  to  time  by  order  prescribe.  Laws  igii,  ch.  iqJ),  sec. 
iy{e). 

Commission  may  require  every  public  utility  to  file  with 
commission  a  statement  in  writing,  verified  by  the  oaths  of  the 
president  and  secretary  thereof,  respectively,  setting  forth  the 
name,  title  of  office  or  position  and  post-office  address,  and  the 
authority,  power  and  duties  of  every  officer,  member  of  the  board 
of  directors,  trustees,  executive  committee,  superintendent,  chief 
or  head  of  construction  and  operation,  or  department,  division 

2880  or  line  of  construction  and  operation  thereof,  in  such  form  as  to 
disclose  the  source  and  origin  of  each  administrative  act,  rule, 
decision,  order  or  other  action  of  the  corporation,  and  shall,| 
within  ten  days  after  any  change  is  made  in  the  title  of,  or  author-j 
ity,  powers  or  duties  appertaining  to  any  such  office  or  positioi 
or  the  person  holding  the  same,  file  with  commission  a  like  state 
ment,  verified  in  like  manner,  setting  forth  such  change.  Samt^ 
$ec.  2 J. 

738 


NEW  MEXICO  Commission  shall  prescribe  the  form  of  all 

2881  reports  which  may  be  required  of  corporation  by  this  constitution 
or  by  law,  and  shall  collect,  receive  and  preserve  such  reports,  and 
annually  tabulate  and  publish  them.     Const.,  art.  xi,  sec.  6. 

Commission  may  at  all  times  inspect  the  books,  papers  and 
records  of  all  such  companies  and  common  carriers  doing  business 

2882  in  this  state,  and  require  from  such  companies  and  common 
carriers  from  time  to  time  special  reports  and  statements,  under 
oath,  concerning  their  business.  Commission  may  administer 
oaths  and  certify  to  its  official  acts.     Const.,  art.  xi,  sec.  ii. 


NEW  YORK  Every  common  carrier,  railroad  and  street 

railroad  corporation  shall  file  an  annual  report  with  commission 

•     verified  by  the  oath  of  the  president,  treasurer,  general  manager 

or  receiver,  if  any,  of  such  corporation,  or  by  the  person  required 

2883  to  file  the  same.  The  verification  shall  be  made  by  said  official 
holding  office  at  the  time  of  the  filing  of  the  said  report,  and  if 
not  made  upon  the  knowledge  of  the  person  verifying  the  same 
shall  set  forth  the  sources  of  his  information  and  the  grounds  of 
his  belief  as  to  any  matters  not  stated  to  be  verified  upon  his 
knowledge.     Laws  igio,  ch.  480,  sec.  46. 

Commission  shall  prescribe  the  form  of  such  reports  and  the 
character  of  the  information  to  be  contained  therein,  and  may 
from  time  to  time  make  such  changes  and  such  additions  in 
regard  to  form  and  contents  thereof  as  it  may  deem  proper,  and 
on  or  before  June  30  in  each  year  shall  furnish  a  blank  form  for 
such  annual  reports  to  every  such  corporation  and  person.  The 
contents  of  such  report  and  the  form  thereof  shall  conform  in  the 

1884  case  of  railroad  corporations  as  nearly  as  may  be  to  that  re- 
quired of  common  carriers  under  the  provisions  of  the  act  of 
congress  entitled  "An  act  to  regulate  commerce,"  approved 
February  4,  1887,  and  the  acts  amendatory  thereof  and  supple- 
mentary  thereto.     Commission   may   require   such   report   to 

^        contain  information  in  relation  to  rates  or  regulations  concerning 

\^        fares  or  freights,  agreements  or  contracts  affecting  the  same,  so 

\        far  as  such  rates  or  regulations  pertain  to  transportation  within 

I        the  state.     Same. 

When  the  report  of  any  such  corporation  or  person  is  de- 

2885  fective,  or  believed  to  be  erroneous,  commission  shall  notify  the 
corporation  or  person  to  amend  the  same  within  a  time  prescribed 
by  commission.     Same. 

3880         The  originals  of  the  reports,  subscribed  and  sworn  to  as  pre- 


I 


739 


scribed  by  law,  shall  be  preserved  in  the  ofRce  of  commission. 
Same. 

The  annual  report  required  to  be  filed  by  a  common  carrier, 

2887  railroad  or  street  railroad  corporation  shall  be  so  filed  on  or 
before  September  30  in  each  year.     Same. 

Commission  may  also  require  such  corporations  and  persons 
to  file  periodic  reports  in  the  form,  covering  the  period  and  at  the 

2888  time  prescribed  by  commission.  Commission  may  require  of 
any  such  corporation  or  person  specific  answers  to  questions 
upon  which  commission  may  need  information.     Same. 

Commission  may  extend  the  time  for  making  and  filing  such 
report  for  a  period  not  exceeding  60  days.  If  such  corporation 
or  person  shall  fail  to  make  and  file  the  annual  report  within  the 
time  above  specified  or  within  the  time  as  extended  by  com- 
mission, or  shall  fail  to  amend  such  report  within  such  reason- 
'}-  ;  able  time  as  may  be  prescribed  by  commission,  or  shall  fail  to 
make  specific  answer  to  any  question,  or  shall  fail  to  make  the 
periodic  reports  when  required  by  commission  as  herein  pro- 

2889  vided,  within  the  time  and  in  the  form  prescribed  by  commis- 
sion for  the  making  and  filing  of  any  such  report  or  answer,  such 
corporation  or  person  shall  forfeit  to  the  state  the  sum  of  $100 
for  each  and  every  day  it  shall  continue  to  be  in  default  with 
respect  to  such  annual  report,  amendment,  answer  or  periodic 
report.     Such  forfeitiu-e  shall  be  recovered  in  an  action  brought 

!>ti.,  ,by  commission  in  the  name  of  the  people  of  the  state.  The 
;  ;  amount  recovered  in  any  such  action  shall  be  paid  into  the  state 
^  T   treasury  and  credited  to  the  general  fund.     Same. 

Any  railroad  corporation  or  common  carrier  other  than  a 
street  raih-oad  corporation  operating  partly  within  the  second 
-     '  district  and  partly  within  the  first  district  shall  report  to  com- 
^'    ■    mission  of  the  second  district;  but  commission  of  the  first  dis- 
trict may,  upon  reasonable  notice,  require  a  special  report  from , 
2890'  such  railroad  corporation  or  common  carrier.     Any  street  rail- 
road corporation  operating  partly  within  the  first  district  and 
partly  within  the  second  district  shall  report  to  commission  of  | 
r;l.':'    the  first  district ;  but  commission  of  the  second  district  may, 
upon  reasonable  notice,   require   a   special  report  from   suchi 
-^-       street  railroad  corporation.     Same. 

Commission  shall  require  every  person  and  corporation^ 
and  every  such  person  and  corporation  shall  file  with  coi 
sion  an  annual  report,  verified  by  the  oath  of  the  president 

■'*  -  ~         > Gas  and  diectric  utilities. 


treasurer,  general  manager  or  receiver,  if  any, "thereof.    'The 

2891  verification  shall  be  made  by  said  official  holding  office  at  the 
time  of  the  filing  of  said  report,  and  if  not  made  upon  the  knowl- 
edge of  the  person  verifying  the  same  shall  set  forth  the  sources 
of  his  information  and  the  groimds  of  his  belief  as  to  any  matters 
not  stated  to  be  verified  upon  his  knowledge.      Same,  sec.  66(6). 

Such  reports  shall  be  in  the  form,  cover_^the  period  and  be 
filed  at  the  time  prescribed  by  commission.  Commission  may, 
from  time  to  time,  make  changes  and  additions  in  such  forms. 

2892  When  any  such  report  is  defective  or  believed  to  be  erroneous, 
commission  shall  notify  the  person,  corporation  or  mimicipality 
making  such  report  to  amend  the  same  within  a  time  prescribed 
by  commission.     Same. 

Any  such  person  or  corporation  or  municipality  which  shall 
neglect  to  make  any  such  report  or  which  shall  fail  to  correct  any 
such  report  within  the  time  prescribed  by  commission  shall  be 
liable  to  a  penalty  of  $ioo  and  an  additional  penalty  of  $ioo  for 

2893  each  day  after  the  prescribed  time  for  which  it  shall  neglect  to 
file  or  correct  the  same,  to  be  sued  for  in  the  name  of  the  people 
of  the  state.  The  amount  recovered  in  any  such  action  shall  be 
paid  into  the  state  treasury  and  be  credited  to  the  general  fund. 
Commission  may  extend  the  time  prescribed  for  cause  shown. 
Same. 

Commission  may  require  of  all  such  corporations,  persons 
or  mtmicipalities,^  specific  answers  to  all  questions  upon  which 
commission  may  need  information,  and  may  also  require  such 
corporation,  persons  or  municipalities  to  file  periodic  reports  in 
the  form,  covering  the  period  and  filed  at  the  time  prescribed  by 
commission.  If  such  corporation,  person  or  municipality  shall 
fail  to  make  specific  answer  to  any  question  or  shall  fail  to  make  a 
periodic  report  when  required  by  commission  as  herein  pro- 
S894  vided  within  the  time  and  in  the  form  prescribed  by  commission 
for  the  making  and  filing  of  any  such  report  or  answer,  such  cor- 
poration, person  or  officer  of  the  mimicipality  shall  forfeit  to  the 
state  the  sirni  of  $ioo  for  each  and  every  day  it  shall  continue  to 
be  in  default  with  respect  to  such  report  or  answer.  Such  for- 
feittire  shall  be  recovered  in  an  action  brought  by  commission  in 
the  name  of  the  people  of  the  state.  The  amount  recovered  in 
any  such  action  shall  be  paid  into  the  state  treasury  and  be 
credited  to  the  general  fund.     Same,  sec.  66{io). 

Every  telegraph  and  every  telephone  corporation  shall  file 

1  Gas  and  electric  utilities.  . 

741 


with  commission  an  amiual  report  at  a  time  and  covering  the 
yearly  period  fixed  by  commission.  Such  annual  report  shall  be 
verified  by  the  oath  of  the  president,  treasurer,  general  manager 
or  receiver  of  any  of  such  corporations,  or  by  the  person  required 
2896  to  file  the  same.  Verification  shall  be  made  by  the  official  hold- 
ing office  at  the  time  of  the  filing  of  said  report,  and  if  not  made 
upon  the  knowledge  of  the  person  verifying  the  same  shall  set 
forth  in  general  terms  the  sources  of  his  information  and  the 
grounds  for  his  belief  as  to  any  matters  not  stated  to  be  verified 
on  his  knowledge.     Same,  sec.  95{i). 

Commission  shall  prescribe  the  form  of  such  reports  and  the 
character  of  the  information  to  be  contained  therein  and  may, 
from  time  to  time  make  such  changes  and  additions  in  regard  to 
form  and  contents  thereof  as  it  may  deem  proper,  and  shall 

2896  furnish  a  blank  form  for  such  annual  reports  to  every  telegraph 
and  every  telephone  corporation  required  to  make  the  same. 
When  the  report  of  any  telegraph  or  telephone  corporation  is 
defective  or  erroneous  commission  shall  notify  the  corporation 
to  amend  the  same  within  a  time  prescribed  by  commission. 
Same. 

The  said  reports  shall  be  preserved  in  the  office  of  commis- 

2897  sion.     Same. 

Commission  may  require  of  any  telegraph  or  telephone  cor- 

2898  poration  specific  answers  to  questions  upon  which  commission 
may  desire  information.     Same. 

If  any  telegraph  or  telephone  corporation  shall  fail  to  make 
and  file  its  annual  report  as  and  when  required  or  within  such 
extended  time  as  commission  may  allow  or  shall  fail  to  make 
specific  answers  to  any  question  within  the  period  specified  by 
commission  for  the  making  and  filing  of  such  answers,  such 
corporation  shall  forfeit  to  the  state  the  sum  of  $ioo  for  each  and 

2899  every  day  it  shall  continue  to  be  in  default  with  respect  to  such 
report  or  answer.  Such  forfeiture  shall  be  recovered  in  an  action 
brought  by  commission  in  the  name  of  the  people  of  the  state. 
The  amount  recovered  in  any  such  action  shall  be  paid  into  the 
state  treasury  and  shall  be  credited  to  the  general  fund.  Com- 
mission may,  when  it  deems  it  advisable,  exempt  any  telegraph 
or  telephone  corporation  from  the  necessity  of  filing  annual  re- 
ports until  the  further  order  of  commission.     Same. 

See  also  pars,  455,  461,  465,  272;^, 

NORTH  CAROLINA  Every  officer,  agent  or  employe  of  any  railroad, 
express  or  telegraph  company  who  shall  wilfully  neglect  or  refuse 

742 


to  make  and  furnish  any  report  required  by  commission,  for  the 
purposes  of  this  chapter,  or  who  shall  wilfully  or  unlawfully 

2900  hinder,  delay  or  obstruct  commission  in  the  discharge  of  the 
duties  hereby  imposed  upon  it,  shall  forfeit  and  pay  $500  for 
each  offense,  to  be  recovered  in  an  action  in  the  name  of  the  state. 
A  delay  of  ten  days  to  make  and  furnish  such  report  shall  raise 
the  presumption  that  the  same  was  wilftil.  PelVs  Revisal  igo8, 
sec.  io8g. 

The  fiscal  year  for  which  all  reports  shall  be  made  which 

2901  may  be  required  of  any  railroad  or  transportation  company  by 
commission  under  this  chapter  shall  end  on  Jime  30.  Same, 
sec.  1116. 

NORTH  DAKOTA  To  enable  commission  to  make  its  report,  the 
president  or  managing  officer  of  each  railroad,  railroad  corpora- 
tion or  common  carrier  shall  annually  make  to  commission  on 
■^  July  15,  such  returns  in  the  form  which  it  may  prescribe  as  will 

afford  the  information  required  for  its  official  report ;  such  returns 

2902  shall  be  verified  by  oath  of  the  officer  making  them,  and  any 
railroad,  railroad  corporation  or  common  carrier  whose  return 
shall  not  be  made  as  herein  prescribed  by  July  1 5  shall  be  liable 
to  a  fine  of  $500  for  each  and  every  day  after  July  16  that  such 
returns  shall  be  wilfully  delayed  or  refused.  Rev.  Codes  1905, 
sec.  4363. 

Commission  may  require  of  any  and  all  railroads,  railroad 
corporations  and  common  carriers,  such  special  reports,  besides 
the  annual  report  hereinbefore  required,  as  in  the  judgment  of 
commission  shall  be  deemed  necessary  and  reasonable.  Such 
special  reports  shall  be  in  such  form  and  concerning  such  sub- 
jects and  be  from  such  sources  as  commission  shall  require, 

2903  except  as  otherwise  provided  herein.  The  time  when  such 
special  report  shall  be  filed  shall  be  fixed  by  commission.  Any 
railroad,  railroad  corporation  or  common  carrier  which  shall  fail, 
neglect  or  refuse  to  make  any  of  the  special  reports  provided  for 
herein  by  the  date  fixed  by  commission  shall  be  subject  to,  and 
pay  a  penalty  in  the  sum  of  $100  for  each  and  every  day  of 
delay  in  making  such  reports  after  the  date  fixed.     Same,  sec. 

4365- 

Commission  shall  require  annual  reports  from  all  common 
carriers,  prescribe  the  manner  in  which  such  reports  shall  be 
made,  and  require  from  such  carriers  specific  answers  to  all 
questions  upon  which  commission  may  need  information.  Such 
annual  reports  shall,  in  addition  to  the  information  required  by 

743 


2904  section  4363  contain  such  information  in  relation  to  rates  or  reg- 
ulations concerning  fares  or  freights  and  agreements,  arrange- 
ments or  contracts  with  express,  telegraph  or  sleeping  and  dining 
car  companies,  fast  freight  lines  and  other  common  carriers,  as 
commission  may  require,  with  copies  of  such  contracts,  agree- 
ments or  arrangements.     Same,  sec.  4377. 

See  also  par.  2^g6. 

OHIO  Within    30   days   after   the   election   of   the 

directors  of  a  railroad,  or  telegraph  company,  now  doing  busi- 
ness, or  whose  line  is  in  process  of  construction,  or  which  here- 
after may  be  organized  in  the  state,  the  secretary  of  such  com- 
panies shall  make  and  forward  to  commission  a  list  of  the  officers 

2905  and  directors  thereof,  giving  the  place  of  residence  and  post 
office  address  of  each.  If  a  change  occurs  in  the  organization  of 
the  officers  or  board  of  directors  of  a  railroad  or  company,  the 
secretary  shall  notify  commission  of  such  change  and  the  resi- 
dence and  post  office  address  of  each  of  the  officers  and  directors. 
Code  igio,  sec.  602. 

On  or  before  September  15,  in  each  3^ear,  each  railroad  or 
telegraph  company  shall  make  and  transmit  to  the  commission  a 
full  and  true  statement  under  oath  of  the  proper  officers  of  such 
corporation,  of  the  affairs  of  such  corporation  relative  to  the 
state  of  Ohio  for  the  year  ending  on  June  30,  preceding.      Such 

2906  statement  shall  be  similar  in  character  and  detail  to  the  annual 
report  required  to  be  made  by  railroad  companies  to  the  inter- 
state commerce  commission.  Commission  may  submit  addi- 
tional interrogatories  to  a  railroad  or  telegraph  company  at  any 
time.  If  such  report  is  defective  or  erroneous,  commission  may 
require  the  railroad  or  telegraph  company  to  correct  or  amend  it 
within  15  days.     Same,  sec.  605. 

A  railroad  company  or  telegraph  company  violating  a  pro- 
vision of  the  preceding  three  sections  shall  forfeit  and  pay  to  the 

2907  state  $1,000,  and  $25  for  each  day  such  company  refuses,  neg- 
lects or  fails  to  comply  with  a  requirement  of  such  sections,  which 
forfeiture  shall  not  release  such  company  from  the  assessment 
provided  in  the  next  preceding  section.     Same,  sec.  6oy. 

Every  public  utility  shall  file  with  commission,  at  such 
times  and  in  such  form  as  it  niay  prescribe,  an  annual  report, 
duly  verified,  covering  the  yearly  period  fixed  by  commission. 
Commission  shall  prescribe  the  character  of  the  information  to 
be  embodied  in  such  annual  report,  and  shall  furnish  to  each  pub- 

2908  lie  utility  a  blank  form  therefor.     If  any  such  report  is  defective 

744 


or  erroneous,  commission  may  order  the  same  to  be  amended 
within  a  prescribed  time.  Such  annual  reports  shall  be  preserved 
in  the  office  of  commission.  Commission  may  at  any  time  re- 
quire specific  answers  to  questions  upon  which  it  may  desire  in- 
formation.    Laws  ipii,  no.  325,  sec.  50. 

OKLAHOMA  The  president  or  superintendent  of  every  rail- 

road company  and  other  public  service  corporation  shall  report 
annually  under  oath,  and  make  such  reports  as  may  be  required 

2909  by  law  or  order  of  commission,  to  commission  of  their  acts  and 
doings,  which  report  shall  include  such  matters  relating  to  rail- 
roads and  other  public  service  corporations  as  may  be  prescribed 
by  law.     Const.,  art.  ix,  sec.  6. 

Commission  may  require  from  transportation  and  trans- 

2910  mission  companies  from  time  to  time  special  reports  and  state- 
ments tmder  oath  concerning  their  business.     Same,  sec.  18. 

OREGON  Every  railroad  shall  annually,  on  or  before 

September  15,  unless  additional  time  be  granted,  file  with  com- 
mission a  report  verified  by  such  railroad,  or  by  its  president, 

2911  vice-president,  treasurer,  comptroller,  .  auditor,  or  receiver, 
managing  partner,  or  agent,  or  owner,  in  such  form  as  com- 
mission may  prescribe  covering  the  year  ending  June  30  next 
preceding.     Gen.  Laws  iQoy,  ch.  53,  sec.  40. 

Any  railroad  failing  to  make  such  report  shall  forfeit  to  the 

2912  state,  for  each  day's  default,  $100,  to  be  recovered  in  a  civil 
action  in  the  name  of  the  state.     Same. 

The  accounts  shall  be  closed  annually  on   June  30   and  a 
balance  sheet  of  that  date  promptly  taken  therefrom.     On  or 

2913  before  the  first  day  of  August  following,  such  balance  sheet, 
together  with  such  other  information  as  commission  shall  pre- 
scribe, verified  by  an  officer  of  the  public  utility,  shall  be  filed 
with  commission.     Gen.  Laws  igii,  ch.  2yp,  sec.  15. 

PENNSYLVANIA  Commission  may  require  every  common  carrier 
to  file  with  it  a  copy  of  its  annual  reports,  as  filed  with  the  inter- 
state commerce  commission;  and  as  to  all  common  carriers 

2914  subject  to  this  act,  and  not  subject  to  the  interstate  commerce 
commission,  may  require  that  such  common  carriers  file  annual 
reports  in  the  form  prescribed  by  commission.  Laws  1907,  no. 
250,  sec.  12. 

SOUTH  CAROLINA  The  several  railroad  companies  shall  be  re- 
qixired  to  file  in  the  office  of  commission,  on  or  before  August  3i> 

745 


in  each  and  every  year,  a  full  and  detailed  schedule  and  report  of 
the  condition  and  operations  of  such  road  for  the  current  year, 
ending  on  June  30,  then  immediately  preceding.  Such  schedule 
and  report  shall  be  made  in  accordance  with  the  following  rules 
and  form:  I.  All  liabilities  (including  interest  accrued  on  funded 
debt)  shall  be  entered  upon  the  books  in  the  month  when  they 
are  incurred,  without  reference  to  date  of  payment.  II.  Ex- 
penses shall  be  charged  each  month  with  such  supplies,  materials, 
etc.,  as  have  been  used  during  that  month,  without  reference  to 
the  time  when  they  were  purchased  or  paid  for.  III.  No  ex- 
penditure shall  be  charged  to  property  accounts,  except  it  be  for 
actual  increase  in  construction,  equipments,  or  other  property, 
unless  it  is  made  on  old  work  in  such  a  way  as  to  clearly  increase 

2915  the  value  of  the  property  over  and  above  the  cost  of  renewing 
the  original  structures,  etc.  In  such  cases,  only  the  amoimt  of 
increased  cost  shall  be  charged,  and  the  amount  allowed  on 
account  of  the  old  work  shall  be  stated.  IV.  Mileage  of  pas- 
senger and  freight  trains  shall  include  only  the  miles  shown  to  be 
run  by  distances  between  stations;  allowances  made  to  passenger 
or  freight  trains  for  switching,  and  all  mileage  of  switch  engines, 
computed  on  a  basis  of  eight  miles  per  hour  for  the  time  of  actual 
service,  shall  be  stated  separately.  V.  Season  ticket  passengers 
shall  be  computed  on  the  basis  of  12  passengers  per  week  for  the 
time  of  each  ticket.  VI.  Local  traffic  shall  include  all  passengers 
carried  on  local  tickets,  and  all  freight  carried  at  local  tariff  or 
special  local  rates.  All  other  traffic  shall  be  considered  through. 
These  niles  to  be  subject  to  such  changes  thereof  as  have  hereto- 
fore been  or  shall  hereafter  be  made  by  commission  under  the 
authority  conferred  on  them  by  section  2076  of  this  chapter. 
Gen.  Stats.  igo2,  sec.  20JQ. 

Commission  shall  require  the  annual  reports  to  be  made  by 
railroad  companies  in  manner  and  form  and  at  the  time  pro- 
vided for  herein,  and  shall  be  authorized  to  require  reports  to  be 
made  of  such  other  matters  as  it  may  deem  expedient ;  and  it  may 

2916  from  time  to  time,  make  such  changes  as  it  may  deem  proper  in 
the  form  of  report  herein  prescribed,  giving  the  corporations  one 
year's  notice  of  any  such  changes  or  additions  as  require  any 
alterations  in  the  method  or  form  of  keeping  their  accounts. 
Same,  sec.  2075. 

When  the  report  received  from  any  corporation  is  defective, 
or  probably  erroneous,  commission  shall  notify  the  corporation 
to  amend  the  same  within  15  days.    Commission  shall  prepare 

746 


such  tables  and  abstracts  of  all  the  returns  it  shall  deem  expedient, 
8917  and  its  annual  report  shall  be  transmitted  to  the  governor  of  the 
state  on  or  before  the  second  Monday  in  November  in  each  year, 
to  be  laid  before  the  legislatiure.  The  originals  of  the  report  or 
reports,  as  amended,  subscribed,  and  sworn  to  by  the  officers  of 
the  corporation,  shall  be  preserved  in  the  office  of  commission. 
Same. 

Every  officer,  agent  or  employe  of  any  railroad  company 
who  shall  wilfully  neglect,  or  refuse  to  make,  any  report  required 
by  commission  as  necessary  to  the  purposes  of  this  chapter,  or 

2918  who  shall  wilfully  and  imlawfuUy  hinder,  delay  or  obstruct 
commission  in  the  discharge  of  the  duties  imposed  upon  it,  shall 
forfeit  and  pay  a  simi  of  not  less  than  $ioo  nor  more  than  $i,ooo 
for  each  offense,  to  be  recovered  in  any  action  in  the  name  of 
the  state  as  provided  in  section  21 17.     Same,  sec.  2078. 

Commission  may  make  and  propound  to  any  of  the  railroad 
companies  of  this  state  any  interrogatories  additional  to  those 

2919  contained  in  the  schedule  and  report  hereinbefore  provided, 
which  shall  be  answered  by  such  companies  in  the  same  manner. 
Same,  sec.  zoyg. 

All  railroad  companies  owning  or  operating  a  line  of  railroad 
situated  in  whole  or  in  part  within  the  limits  of  this  state,  shall 

2920  deposit  with  commission  a  list  containing  the  names  and  resi- 
dences of  the  president  and  board  of  directors  of  the  railroad 
company  owning  or  operating  the  said  line  of  railroad.  Same, 
sec.  2120. 

SOUTH  DAKOTA  Every  owner  or  manager  of  such  licensed 
warehouse  or  elevator,  at  such  times  as  commission  shall  re- 
quire, shall  furnish  to  commission  in  writing,  under  oath,  a 
statement  of  the  condition  and  management  of  his  business  as 
such  warehouseman.  Such  report  shall  show  the  total  number  of 
bushels  of  each  kind  and  grade  of  grain  piu'chased  and  in  store, 

2921  and  the  number  delivered  out,  and  the  number  remaining  in 
store  at  the  date  of  the  report.  But  no  warehouseman  shall  be 
required  to  weigh  the  grain  on  hand  more  than  once  in  each  year; 
and  the  warehouseman  shall,  in  addition  to  the  statement  herein, 
be  required  to  furnish  to  commission  any  other  information  re- 
garding the  business  of  his  warehouse  which  commission  may 
require.     R&o.  Pol.  Code  igoj,  sec.  48^. 

Each  railroad  company  owning  or  operating  a  line  or  rail- 
road in  this  state  shall,  on  or  before  July  i,  in  each  year,  make 
and  file  in  the  office  of  commission  a  detailed,  itemized  statement 

747 


or  report  showing  the  number  and  location  of  all  elevators, 

warehouses  and  coal  sheds  on  its  line  of  railroad  in  this  state,  the 

amoirnt  of  ground  space  occupied  by  each  with  its  value  placed 

S922  thereon,  the  names  of  the  persons  or  corporations  owning  said 

elevators,  the  names  of  the  persons  or  corporations  operating 

said  elevators,  the  amoimt  of  rental  paid  for  each  elevator  site  to 

said  railroad  company,  and  if  any  of  the  owners  of  said  elevators 

}•      shall  own  the  sites  occupied,  such  reports  shall  show  the  name  of 

'       such   owner  and  the  location  of  such  elevator.     Sess.  Laws 

igog,  ch.  28,  sec.  i. 

Commission  may  require  of  any  and  all  railroad  companies, 
subject  to  the  provisions  of  this  act,  such  other  reports  besides 
the  annual  reports  hereby  required,  as  in  the  judgment  of  com- 
mission shall  be  deemed  necessary  for  its  information,  and  shall 
fix  the  date  for  filing  such  report.     Any  corporation  or  person 

2923  owning  or  operating  a  line  of  railroad  in  this  state  which  shall 
fail,  neglect,  or  refuse  to  make  any  of  the  reports  provided  for 
herein  by  the  date  fixed,  or  that  fixed  by  commission,  or  who  shall 
make  a  false  report,  shall  be  subject  to  and  pay  a  penalty  in  the 
simi  of  $100  for  each  and  every  day  of  delay  in  making  such  re- 
ports, after  the  date  fixed.     Same,  sec.  2. 

Every  telephone  company,  whenever  required  by  com- 
mission, shall  by  its  president,  secretary,  or  manager  file  with 
commission,  a  statement,  imder  oath,  in  such  form  as  commis- 
sion may  prescribe,  showing  the  following  facts:  (i)  The  total 
number  of  miles  of  line  owned,  operated  or  leased  by  it  within 
!  ,  the  state;  the  number  of  miles  of  each  separate  line  or  division 
thereof,  together  with  the  number  of  separate  wires  thereon,  and 
stating  the  counties  through  which  the  same  extend  or  in  which 
such  company  does  business.  (2)  The  number  of  miles  in  each 
cotmty,  the  number  of  stations  and  number  of  telegraph  or  tele- 

2924  phone  instruments  used  in  each  county.  (3)  The  average  num- 
ber of  poles  per  mile  used  in  constructing  such  lines.  (4)  The 
actual  value  of  said  wires,  poles,  instruments  and  all  other  proper- 
ty owned  by  it  in  this  state,  with  the  value  of  its  franchises 
stated  separately.  (5)  The  number  of  offices  maintained  by  the 
company  in  this  state,  and  the  total  gross  and  net  receipts  of 
each  office  for  the  year  ending  April  30,  preceding  the  making  of 
said  statement.  (6)  The  number  of  miles  of  line  built  by  said 
company  in  this  state  during  each  year,  with  the  niunber  of 
poles  and  miles  of  wire  used  therein  and  the  actual  cost  of  such 

"'       line  as  built.    Scss.  Laws  igog,  ch.  28g,  sec.  3. 

•748 


Commission  may  call  upon  any  telephone  company  or  lessee, 
or  operator  of  any  telephone  line  or  exchange,  for  such  reports  as 
it  may  deem  necessary  or  proper  for  its  information,  and  enforce 
8925  all  its  orders  and  regulations  in  the  same  manner  provided  for  the 
enforcement  of  its  orders  and  regulations  with  reference  to  other 
common  carriers.  Same,  sec.  ii,  as  amended  by  Sess.  Laws 
iQiiy  ch.  218,  sec.  7. 

Commission  may  require  annual  reports  from  all  common 
carriers,  fix  the  time  and  prescribe  the  manner  in  which  such 

2926  reports  shall  be  made,  and  require  from  such  carriers  specific 
answers  to  all  questions  upon  which  commission  may  need  in- 
formation.    Sess.  Laws  igii,  ch.  2oy\  sec.  24. 

All  such  reports  shall  be  made  to  commission  on  or  before 

2927  September  15,  of  each  year.     Same.^ 

TENNESSEE  Each  and  every  railroad  company,  corpora- 

tion or  individual,  owning,  operating  or  managing  a  railroad 
shall  furnish  to  commission  at  its  office  in  Nashville,  the  monthly, 
quarterly,  and  annual  statements  of  the  operations  of  their  re- 
spective roads,  if  such  reports  are  issued;  if  not,  then  they  shall 
send  such  reports  as  may  be  issued  at  any  special  or  regular  time. 
The  president  or  chief  officer  of  each  and  every  railroad  company, 

2928  corporation  or  individual,  owning,  operating  or  managing  any 
railroad  in  this  state,  shall  on  or  before  the  first  day  of  February 
of  each  year,  make  and  transmit  to  commission  at  its  office  in 
Nashville,  imder  oath  of  the  president  or  chief  officer  of  the  com- 
pany, a  full  and  true  statement  of  the  affairs  of  said  company  as 
the  same  existed  on  the  first  day  of  the  preceding  January,  in 
accordance  with  the  direction  and  schedules  prepared  and  fur- 
nished by  commission.     Acts  1897,  ^^-  ^^y  ^^^-  ^^• 

Any  officer,  agent  or  employe,  failing  or  refusing  to  make, 
.  under  oath,  any  report  required  by  commission,  within  the  time 
'        required,  or  failing  or  refusing  to  answer  fully  under  oath,  if 

2929  required,  any  inquiry  propounded  by  commission,  or  who  shall, 
in  any  way,  hinder  or  obstruct  commission,  in  the  discharge  of 
its  duties  shall  be  guilty  of  a  misdemeanor  and  shall  be  fined  for 
each  offense  not  less  than  $500  nor  more  than  $1,000.  Same, 
sec.  13. 

1  Commission  is  also  hereby  authorized  to  require  of  any  and  all  common  carriers, 
such  other  reports,  besides  the  annual  reports,  hereby  required,  as  in  the  judgment  of 
commission  shall  be  deemed  just  and  reasonable.    Such  reports  shall  be  in  such  form  and 
;  concerning  such  subjects  and  be  from  such  sources  as  commission  shall  require,  except  as 

otherwise  provided  herein.  The  time  when  such  reports  shall,  be.  filed  shall  be  fixed  by 
commission.  Any  common  carrier  and  any  corporation,  company,  or  individual  owning 
or  operating  a  common  carrier  within  this  state  which  shall  fail,  neglect  or  refuse  to  make 
any  of  the  reports  provided  for  herein  by  the  date  fixed  herein,  or  that  fixed  by  commis- 
sion, shall  be  subject  to  and  pay  a  penalty  in  the  sum  of  |ioo  for  each  and  every  day  of 
delay  in  making  such  reports,  after  the  date  fixed.    Sess.  Laws  igii,  ch.  20T,  sec.  26. 

749 


TEXAS  Any  incorporated  express  company  with  its 

principal  office  in  another  state,  and  doing  business  as  such  express 
company  in  this  state,  is  hereby  required  to  provide  and  keep  in 
its  general  office  in  this  state  a  copy  of  its  charter,  and  to  make 
full  annual  statements  of  the  value  of  all  its  property,  including 
alike  statement  of  all  its  indebtedness,'andof  all  its  annual  receipts 
and  expenditures  as  such  express  company  to  commission,  at 
such  time  or  times  as  may  be  prescribed  by  it ;  which  statement 
shall  be  certified  to  be  correct,  and  shall  be  sworn  to  by  the  presi- 
dent and  secretary,  or  general  manager  in  Texas,  of  such  company ; 

8930  and  such  company  shall  permit  any  member  or  members  of  com- 
mission, or  its  authorized  agent,  to  freely  examine  any  and  all 
books,  papers  and  contracts  in  said  office;  and  should  any  such 
company,  or  any  person  in  charge  of  said  office,  refuse  to  per- 
mit such  examination,  this  shall  be  sufficient  ground  for  the 
withdrawal,  by  this  state,  of  its  privilege  of  doing  business 
as  such  express  company  in  this  state;  and  it  shall  be  the  duty 
of  the  attorney  general  of  the  state  to  institute  and  conduct 
suits  for  that  purpose  in  a  court  having  jurisdiction  in  Travis 
County,  in  the  state  of  Texas.     Sayles^  Civ.  Stats.   iSgy,  art. 

2431 ' 

See  also  par.  4^0. 

VERMONT  A  corporation,  which  hereafter  shall  organize 

under  the  general  law  or  by  special  statute  and  which  is  subject 
to  supervision  under  No.  116  of  the  acts  of  1908,  immediately 
upon  the  granting  of  its  charter,  shall  file  with  commission  a  copy 
of  its  articles  of  association  and  a  copy  of  its  certificate  of  paid 
up  capital  stock;  and  also  immediately  after  its  organization 
thereunder  shall  forward  to  commission  a  copy  of  the  record  of  its 

2931  organization  containing  the  names  and  addresses  of  the  directors 
and  other  officials  of  said  company.  And  one,  not  a  corporation, 
engaging  in  business  which  is  subject  to  supervision  under  said 
act,  numbered  1 16  of  the  acts  of  1908,  at  the  time  of  commencing 
such  business  shall  file  with  commission  a  written  statement 
giving  the  location,  nature  and  extent  of  such  business,  together 
with  the  post  office  address  of  the  owner,  or  owners,  business 
manager  and  other  officials.  Laws  igio,  no.  145,  sec.  i. 
See  also  pars.  2^22,  3022,  3024, 

VIRGINIA  Commission  may  require  from  transportation 

S9S8  and  transmission  companies  from  time  to  time,  special  reports  and 

statements,  under  oath,  concerning  their  business.     Const.,  sec. 

iS6(J>). 

75° 


Every  domestic  corporation  and  every  foreign  corporation  ^ 
doing  business  within  this  state  shall  file  in  the  office  of  commis- 
sion, after  the  first  election  of  officers  and  directors,  and  annually 
thereafter,  within  30  days  after  the  time  appointed  for  holding 
the  annual  election  of  directors,  a  report  authenticated  by  the 
signature  of  the  president  or  one  of  the  vice-presidents  or  of  sec- 
.    retary  of  the  corporation  stating:    (a)  The  name  of  the  corpora- 

2933  tion.  (b)  The  location  (county  or  city,  street  and  number,  if 
any  there  be)  of  its  principal  office  in  the  state  and  the  name  of 
the  agent  upon  whom  process  against  the  corporation  may  be 
served,  (c)  The  character  of  its  business,  (d)  The  amount 
of  its  authorized  capital  stock,  if  any,  and  the  amount  actually 
issued  and  outstanding,  (e)  The  names  and  addresses  of  the 
officers  and  directors  of  the  corporation,  and  when  their  respec- 
tive terms  of  office  expire,  (f)  The  date,  if  any,  appointed  for 
the  next  annual  meeting  of  the  stockholders.  Pollard's  Code 
1904,  sec.  iioje(jg),  as  amended  by  Laws  igo6,  ch.  17. 

If  such  report  is  not  made  and  so  filed,  the  corporation  shall 

2934  be  subject  to  a  fine  of  not  less  than  S25  nor  more  than  $100,  to  be 
imposed  and  judgment  entered  therefor  by  commission  and  en- 
forced by  its  process.     Same. 

Every  railroad,  canal,  turnpike  or  other  internal  improve- 
ment company,  to  the  stock  of  which  there  has  been  a  subscrip- 
tion on  behalf  of  the  state,  shall,  on  or  before  the  first  day  of  Sep- 
tember in  each  year,  make  a  report  to  commission,  setting  forth 
the  condition  of  the  work;  the  expenditures  for  such  year,  and 

2935  receipts  for  the  same  time;  and  how  much  from  each  source  of 
revenue.  The  report  shall  be  accompanied  by  a  list  of  the  stock- 
holders in  the  company  at  the  time  of  making  the  same,  and  shall 
give  such  other  information  respecting  the  affairs  under  the  man- 
agement of  those  making  it  as  commission  may  previous  to  the 
first  day  of  September  have  requested.     Same,  sec.  I2g4b{g). 

All  persons  having  the  management  or  superintendence  of 
any  work  on  any  turnpike  or  other  internal  improvement,  made  on 
the  state  account,  or  of  work  undertaken  partly  on  the  state 

2936  account  and  partly  by  others  in  the  state  (except  such  roads  or 
turnpikes  as  have  been  transferred  to  the  courts  of  the  respec- 
tive counties  through  which  they  pass)  shall  annually,  before 
September  i  make  a  report  similar  to  that  required  by  the  pre- 

1  The  provisions  of  this  chapter,  except  in  those  cases  where,  by  the  express  terms  of 
the  provisions  hereof,  it  is  confined  to  corporations  created  under  this  act,  shall  be  construed 
to  apply  to  all  corporations  of  this  state  organized  or  to  be  organized  for  any  lawful  purpose 
for  which  a  corporation  may  be  created  under  this  act,  but  shall  not  be  construed  to  enlarge 
the  powers  of  corporations  chartered  under  chapter  four  of  this  act.  Pollard's  Code  IQ04 
sec.  ii05e{i). 

7SI 


ceding  section,   so  far  as  the  same  is  applicable.    Same,  sec. 
i2g4b{io). 

Every  officer,  agent,  or  employe  of  any  transportation  com- 
pany who  shall  wilfully  neglect  or  refuse  to  make  and  furnish  any 
report  lawfully  required  by  commission  for  the  purposes  of  this 

2937  act  or  who  shall  wilfully  or  unlawfully  hinder,  delay  or  obstruct 
commission  in  the  discharge  of  the  duties  imposed  upon  it  by 
the  constitution,  or  by  law,  connected  with  the  objects  and 
purposes  of  this  act,  shall  be  fined  $500  for  each  offense.  Same, 
sec.  I2g4  c{22). 

WASHINGTON  Every  public  service  company  shall  annually 

furnish  to  commission  a  report  in  such  form  as  commission  may 

2938  require,  and  shall  specifically  answer  all  questions  propounded 
to  it  by  commission,  upon  or  concerning  which  commission  may 
need  information.     Laws  igii,  ch.  iij,  sec.  y8. 

Such  detailed  report  shall  contain  all  the  required  statistics 
for  the  period  of  12  months  ending  on  the  last  day  of  any  particu- 
lar month  prescribed  by  commission  for  any  public  service  com- 

2939  pany.  Such  reports  shall  be  made  out  under  oath  and  filed  with 
commission  at  its  office  in  Olympia  within  three  months  after  the 
close  of  the  designated  year  for  which  such  report  is  made, 
unless  additional  time  be  granted  in  any  case  by  commission. 
Same. 

Commission  may  require  any  public  service  company  to  file 
monthly  reports  of  earnings  and  expenses,  and  to  file  periodical  or 
special,  or  both  periodical  and  special,  reports  concerning  any 

2940  matter  about  which  commission  is  authorized  or  required  by  this 
or  any  other  law,  to  inquire  into  or  keep  itself  informed  about,  or 
which  it  is  required  to  enforce,  such  periodical  or  special  reports 
to  be  under  oath  whenever  commission  so  requires.     Same. 

See  also  par.  2734. 

WISCONSIN  The  account  shall  be  closed  annually  on  June 

30  and  a  balance  sheet  of  that  date  promptly  taken  therefrom. 

2941  On  or  before  the  first  day  of  August  following,  such  balance  sheet 
together  with  such  other  information  as  commission  shall 
prescribe,  verified  by  an  officer  of  the  public  utility,  shall  be  filed 
with  commission.     Laws  igoy,  ch.  4gg,  sec.  lygym-i^. 

Every  corporation,  foreign  or  domestic,  authorized  to  trans- 
f ;^     act  business  in  Wisconsin,  shall,  on  request  of  commission,  fur- 
nish a  complete  list  of  its  stockholders  and  a  statement  of  the 
amount  of  stock  held  in  the  corporation  by  each  such  stockholder, 

752 


2942  duly  verified  by  the  president  or  secretary  of  such  corporation. 
Any  corporation  refusing  or  neglecting  to  furnish  such  list  of 
stockholders  for  a  period  of  20  days  after  request  therefor  is  made 
in  writing  shall  be  liable  to  the  penalties  provided  for  in  section 
27  of  chapter  362  laws  of  1905.    Laws  igo^j,  ch.  582,  sec.  I7gy-i8{e). 


B.  AUTHORITY  OF  COMMISSION  TO  FURNISH 
BLANK  FORMS  FOR  REPORTS  AND  DUTY 
OF  UTILITIES  WITH  RESPECT  THERETO. 

ARIZONA,  CALIFORNIA.  Every  public  service  corporation^  recei\'ing 
from  commission  any  blanks  with  directions  to  fill  the  same  shall 
cause  the  same  to  be  properly  filled  out  so  as  to  answer  fully  and 

2943  correctly  each  question  propounded  therein:  in  case  it  is  unable 
to  answer  any  question,  it  shall  give  a  good  and  sufficient  reason 
for  such  failure.   Ariz. — Sess.  Laws  igi2,  ch.  go,  sec.  28(b).  Cat. — 

■    Stats,  igii,  ist  ex.  sess.,  ch.  14,  sec.  28(b). 

ARK/VNSAS  See  par.  2jgo. 

CONNECTICUT  Commission  shall  annually,  on  or  before  June 

30  furnish  to  every  public  service  company  duplicate  blanks  for 
reports,  in  such  form  as  commission  may  prescribe;  provided, 
that  such  blanks  for  reports  to  be  furnished  by  companies  en- 
gaged in  interstate  commerce  shall  be  in  the  form,  if  any,  re- 
quired by  the  interstate  commerce  commission.  All  reports  shall 
be  for  the  year  ending  on  June  3  o .     Every  such  company  receiving 

2944  such  blank  forms  shall  return  one  of  them  to  commission  on  or 
before  September  15  next  following,  with  all  questions  therein 
fully  answered.  Such  report  shall  be  signed  an4  sworn  to  by  the 
president  or  vice-president  and  treasurer  of  the  company,  or  by 
a  majority  of  the  trustees  or  receivers,  making  the  same.  Every 
company  which  shall  refuse  or  neglect  to  make  such  report  shall 

.  forfeit  to  the  state  $25  for  each  day  of  such  neglect  or  refusal, 
.    and  commission  shall  report  such  forfeiture  to.  the  state  treasurer, 
who  shall  collect  the  same.     Fub.  Acts  igii,  ch.  128,  sec.  25. 
See  also  pars.  2ygj,  2yg^. 

•INDIANA  Commission  may  elicit  all  information  deemed 

by  it  necessary  to  the  hearing  and  consideration  of  any  complaint 
made  to  commission  and  may  elicit  from  any  railroad  company 
or  companies,  or  any  other  person  or  corporation  to  be  affected  by 

!*  •  *  "Public  utility,"  in  California.  !■''-, 

753 


any  such  investigation,  any  and  all  information  necessary  to  the 
consideration  and  determination  of  any  and  all  questions  over 
which  commission  shall  have  jurisdiction  and  for  said  purpose 
commission  may  submit  blanks  provided  for  the  purpose  of 
eliciting  such  information  or  may  submit  written  interrogatories 
to  such  railroad  company  or  companies  or  person  or  corporation, 

2946  and  said  blanks  shall  be  properly  filled  out  and  said  interroga- 
tories so  answered  as  to  answer  fully  and  correctly  each  question 
therein  propounded,  and  in  case  they  are  unable  to  answer  any 
question  they  shall  give  a  satisfactory  reason  for  their  failure, 
and  their  said  answers,  duly  sworn  to  by  the  proper  officers  of 
said  company  or  corporation  or  by  said  person,  shall  be  returned 
to  commission  at  its  office  in  the  city  of  Indianapolis  within  the 
time  fixed  therefor  by  commission  in  its  order,  or  commission 
may  use  such  other  means  or  methods  of  securing  such  informa- 
tion as  may  be  deemed  expedient  by  it.  Acts  igo^,  ch.  241,  sec.  10, 
as  amended  by  Acts  ipii,  ch.  225,  sec.  2. 

If  any  such  carrier,  its  officer  or  employe,  or  any  other  per- 
son or  corporation  their  agents  or  employes,  as  aforesaid,  shall 
fail  or  refuse  to  fill  out  and  return  any  blank  or  to  answer  any 
interrogatories  as  above  required,  or  fail  or  refuse  to  answer  any 
questions  therein  propounded,  or  give  a  false  answer  to  any  such 
question,  or  shall  evade  the  answer  to  any  such  question,  such 
carrier,  officer,  employe  or  person  shall  be  guilty  of  a  misdemeanor, 

2946  and  shall  on  conviction  thereof,  be  fined  for  each  day  he  or  it 
shall  fail  to  perform  such  duty,  after  the  expiration  of  the  time 
aforesaid,  a  penalty  of  $500  and  commission  shall  cause  a  prose- 
cution therefor  in  the  proper  court ;  and  a  penalty  of  a  like  amount 
shall  be  recovered  in  a  civil  action  from  the  railroad  company  or 
other  corporation  or  employe  when  it  appears  that  such  officer 
or  employe  acted  in  obedience  to  the  directions  of  such  carrier 
in  his  failure  to  comply  with  the  order  of  commission.  Same,  sec. 
io{a),  as  amended  by  Acts  iQiiy  ch.  225,  sec.  2. 

KLANSAS  Commission  shall  cause  to  be  prepared  suita- 

ble blanks,  with  questions  calculated  to  elicit  full  information 
concerning  the  value  and  operation  of  railroads  in  the  state  and 
as  often  as  it  may  be  necessary  furnish  said  blanks  to  each  rail- 
road company  operating  lines  of  railroads  in  this  state.  Any 
such  railroad  company  receiving  from  commission  any  such 

S947  blanks  shall  cause  such  blanks  to  be  properly  filled  out,  so  as  to 
answer  fully  and  correctly  each  question  therein  propounded; 
and  in  case  they  are  imable  to  answer  any  question  they  shall 

754 


I 


give  a  satisfactory  reason  for  their  failure,  and  said  answer, 
duly  sworn  to  by  the  proper  officer  of  the  company,  shall  be 
returned  to  commission  at  its  office  in  the  city  of  Topeka,  within 
30  days  from  the  receipt  thereof.     Gen.  Stats.  iQog,  sec.  7218. 

If  any  officer  or  employe  of  any  such  railroad  company  shall 
fail  or  refuse  to  fill  out  and  return  any  blanks  as  above  required, 
or  fail  or  refuse  to  answer  any  questions  therein  propounded,  or 
give'a  false  answer  to  any  such  questions  where  the  facts  inquired 
of  are  within  his  knowledge,  or  shall  evade  the  answer  to  any  such 
questions,  such  person  shall  be  guilty  of  a  misdemeanor,  and  upon 
conviction  thereof  shall  be  fined  not  less  than  $100  nor  more  than 
$500  for  each  offense,  and  each  day  he  shall  fail  to  perform  such 
S948  duty  after  the  expiration  of  the  time  aforesaid  shall  constitute  a 
separate  offense,  and  the  attorney  for  commission  shall  cause  a 
prosecution  therefor  in  the  proper  court.  If  any  such  company 
shall  direct,  permit  or  request  any  such  officer  or  employe  to 
fail,  evade  or  refuse  to  answer  such  questions,  such  company 
shall  forfeit  and  pay  to  the  state  the  sum  of  $500  per  day  for  each 
day  that  such  officer  or  employe  fails  to  answer  such  questions,  to 
be  recovered  in  an  action  to  be  brought  in  the  name  of  the.  state 
by  the  attorney  general  in  any  court  of  competent  jiirisdiction, 
to  be  paid  into  the  school  fund  of  the  state.     Same. 

KENTUCKY  Commission  shall  furnish  to  each  company  in 

2949  proper  time  blanks  upon  which  to  answer  the  questions  pre- 
scribed by  statute  and  such  other  questions  as  may  be  pro- 
poimded.     Wheeler's  Stats,  igog,  sec.  34og. 

MAINE  Blank  forms  for  annual  returns  shall  be  sea- 

2960  sonably  prepared  and  furnished  to  each  railroad  corporation  by 
commission.     Rev.  Stats,  igoj,  ch.  51,  sec.  4g. 

MARYLAND  See  par.  2818. 

MASSACHUSETTS    Commission  shall  annually,  on  or  before  June 

2961  15,  furnish  to  railroad  corporations,  and  annually  on  or  before 
September  1 5  f tirnish  to  street  railway  companies,  blank  forms  of 
returns.     Acts  igo6,  ch.  463,  pt.  ty  sec.  20. 

Commission  shall  annually,  on  or  before  September  15,  fur- 
2952  nish  blank  forms  for  annual  returns  of  street  railway  companies. 
Acts  igo6,  ch.  46 j,  pt.  Hi,  sec.  152. 
See  also  par.  284g. 

MICHIGAN  Commission  ^all  cause  to  be  made  suitable 

I96S  blanks  at  the  expense  of  the  state,  and  forward  the  same  to  such 

755 


railroad  corporations,^  upon  which  to  make  the  reports  required 
by  this  act.     Comp.  Laws  iSgy,  sec.  6 3'/ 2. 

It  shall  be  unlawful  for  any  officer,  agent  or  employe  of  any 
common  carrier  to  wilfully  fail  or  refuse  to  fill  out  and  return  any 
blank  or  make  any  report  as  required  by  this  act,  or  to  wilfully 
fail  or  refuse  to  answer  any  questions  therein  propounded,  or  to 
knowingly  or  wilfully  give  a  false  answer  to  any  such  question 

2954  or  to  evade  the  answer  to  any  such  question  where  the  fact  in- 
quired of  is  within  his  knowledge,  or  to,  upon  proper  demand, 
wilfully  fail  or  refuse  to  exhibit  to  any  commissioner  or  any  com- 
missioners, or  any  person  authorized  to  examine  the  same,  any 
book,  paper,  or  account  of  such  common  carrier  which  is  in  his 
possession  or  under  his  control.  Puh.  Acts  igog,  no.  joo^ 
sec.  20. 

Commission  shall  cause  to  be  prepared  for  the  purposes 
designated  in  this  act  blanks  which  shall  conform  as  nearly  as 
practicable  to  the  forms  prescribed  by  the  interstate  commerce 
commission,  and  shall  when  necessary  furnish  such  blanks  to 
each  common  carrier.  Any  common  carrier  receiving  from  com- 
mission any  such  blanks  shall  cause  the  same  to  be  properly 
filled  out  so  as  to  answer  fully  and  correctly  each  question  therein 

2955  propounded,  and  in  case  it  is  tinable  to  answer  any  question  it 
shall  give  a  full  and  sufficient  reason  for  such  failure;  and  said 
answer  shall  be  verified  under  oath  by  the  proper  officer  of  said 
common  carrier  and  returned  to  commission  at  its  office  within 
the  time  fixed  by  commission.  The  making  of  a  false  affidavit 
or  the  filing  of  the  same  shall  be  deemed  perjury  and  punishable 
as  such  under  the  statutes  of  Michigan  defining  perjury.  Same, 
sec.  28(b). 

Commission  shall  cause  to  be  made  suitable  blanks  at  the 
2966  expense  of  the  state,  and  forward  the  same  to  such  common  car- 
rier, upon  which  to  make  reports  required  by  this  act.     Same, 
sec.  30. 
''''''-'■         See  also  pars.  2853,  28^4. 

•IVIISSISSIPPJ  See  par.  2860. 

MISSOURI  See  pars.  2864,  2866,  2867.. 

NEBRASKA  See  pars.  647,  651. 

NEVADA  Commission  shall  cause  to  be  prepared  suitable 

blanks  for  the  purposes  designated  in  this  act,  which  shall  con- 

g'u'::  i'fonn  as  nearly  as  practicable  to  the  forms  prescribed  by  the  in- 

•jfjJjT:OJ  .^:S^  tiote  i,  par..  28SO..  '      .      ' 


terstate  commerce  commission,  and  shall,  when  necessary,  fur- 
nish such  blanks  to  each  railroad.  Any  railroad  receiving  from 
commission  any  such  blanks  shall  cause  the  same  to  be  properly 
filled  out  so  as  to  answer  fully  and  correctly  each  question  therein. 
2957  propoimded,  and  in  case  it  is  unable  to  answer  any  question  it 
shall  give  a  good  and  sufficient  reason  for  such  failure,  and  said 
answer  shall  be  verified  imder  oath  by  the  proper  officer  of  said 
railroad  and  returned  to  commission  at  its  offices  within  the  time 
fixed  by  commission ;  the  making  of  a  false  affidavit  or  filing  of  the 
same  shall  be  deemed  perjury  and  pimishable  as  such  imder  the 
statutes  of  Nevada  defining  perjury.  Stats,  igoj,  ch.  44,  sec. 
18  (a). 

Any  officer,  agent  or  employe  of  any  railroad  who  shall  wil- 
fully fail  or  refuse  to  fill  out  and  return  any  blanks  as  required 
by  this  act,  or  shall  wilfully  fail  or  refuse  to  answer  any  questions 
therein  propoimded,  or  shall  knowingly  or  wilfully  give  a  false 
answer  to  any  such  questions,  or  shall  evade  the  answer  to  any 
such  question  where  the  fact  inquired  of  is  within  his  knowledge, 
or  who  shall  upon  proper  demand,  wilfully  fail  or  refuse  to  exhibit 
to  any  commissioner  or  any  commissioners,  or  any  person  au- 

2968  thorized  to  examine  the  same,*any  book,  paper  or  account  of  such 
railroad,  which  is  in  his  possession  or  under  his  control,  shall 
be  deemed  guilty  of  a  misdemeanor  and  upon  conviction  thereof 
shall  be  punished  by  a  fine  of  not  less  than  $100  nor  more  than 
$1,000  for  each  such  offense,  and  a  penalty  of  not  less  than  $500 
nor  more  than  $1,000  shall  be  recovered  from  the  railroad  foi* 
each  such  offense  when  such  officer,  agent  or  employe  acted  in 
obedience  to  the  direction,  instruction  or  request  of  such  railroad 
or  any  general  officer  thereof.     Same,  sec.  27. 

Commission  shall  cause  to  be  prepared  suitable  blanks  for 

2969  carrying  out  the  purpose  of  this  act,  and  shall,  when  necessary, 
furnish  such  blanks  to  each  public  utility.  Stats,  igii,  ch.  162, 
sec.  7 {a). 

Any  officer,  agent  or  employe  of  any  public  utility  who  shall 
wilfully  fail  or  refuse  to  fill  out  and  return  any  blanks  as  required 
by  this  act,  or  shall  wilfully  fail  or  refuse  to  answer  any  questions 
therein  propounded,  or  shall  knowingly  or  wilfully  give  a  false 
2960  answer  to  any  such  questions,  or  shall  evade  the  answer  to  any 
such  question  where  the  fact  inquired  of  is  within  his  knowledge^ 
or  who  shall  upon  proper  demand  wilfully  fail  or  refuse  to  exhibit 
to  any  commissioner  or  any  commissioners,  or  any  person  also 
authorized  to  examine  the  same,  any  book,  paper  or  account  of 

757 


such  public  utiKty  which  is  in  his  possession  or  under  his  control 
shall  be  subject  to  the  penalty  prescribed  in  section  8  of  this  act. 
Same,  sec.  2j. 

NEW  YORK  See  pars.  2884,  2896, 

OHIO  Commission  shall  cause  blanks  to  be  prepared 

suitable  for  the  pmposes  designated  in  this  chapter  which  shall 

2961  conform  as  nearly  as  practicable  to  the  forms  prescribed  by  the 
interstate  commerce  commission,  and,  when  necessary,  furnish 
such  blanks  to  each  railroad.     Code  1910,  sec.  556. 

A  railroad  receiving  blanks  from  commission  shall  cause 
them  to  be  properly  filled,  answering  fully  and  correctly  each 
question  therein.     In  case  it  is  unable  to  answer  any  question, 

2962  such  railroad  shall  give  a  good  and  sufficient  reason  therefor. 
Such  answers  shall  be  verified  under  oath  by  the  proper  officer  of 
the  railroad  and  returned  to  commission  within  the  time  fixed  by 
it.  The  making  or  filing  of  a  false  affidavit  shall  be  deemed  per- 
jury and  punishable  as  such.     Same,  sec.  557. 

Whoever,  being  an  officer,  agent  or  employe  of  a  railroad 
company,  wilfully  fails  or  refuses  to  fill  out  and  return  a  blank 
required  by  commission,  or  by  law,  or  wilfully  fails  or  refuses  to 
answer  a  question  therein  propounded,  or  knowingly  gives  false 
answer  to  such  question  or  evades  the  answer  to  it,  if  the  fact 
inquired  of  is  within  his  knowledge,  or,  upon  proper  demand,  wil- 
fully fails  or  refuses  to  exhibit  a  book,  paper  or  account  of  such 
296S  railroad,  which  is  in  his  possession  or  under  his  control,  to  a  mem- 
ber of  commission  or  other  person  authorized  to  examine  it,  shall 
be  fined  not  less  than  $100  nor  more  than  $1,000,  and  a  penalty 
of  not  less  than  $500  nor  more  than  $1,000  shall  be  recovered 
from  the  railroad  for  each  such  offense  when  such  officer,  agent 
or  employe  acted  in  obedience  to  the  direction,  instruction  or 
request  of  such  railroad  or  a  general  officer  thereof.  Same, 
sec.  570. 

See  also  par.  2908. 

OREGON  Commission.shall  cause  to  be  prepared  suitable 

blanks  for  the  purposes  designated  in  this  act,  which  shall  con- 
form as  nearly  as  practicable  to  the  forms  prescribed  by  the  inter- 

2964  state  commerce  commission,  and  shall,  when  necessary,  fvimish 
such  blanks  to  each  railroad.  Any  railroad  receiving  from  com- 
mission any  such  blanks,  shall  cause  the  same  to  be  properly 
filled  out  so  as  to  answer  fully  and  correctly  each  question  thereip 

758 


propounded,  and  in  case  it  is  unable  to  answer  any  question  it 
shall  give  a  good  and  sufficient  reason  for  such  failure;  and  said 
answer  shall  be  verified  under  oath  by  the  proper  officer  of  said 
railroad  and  returned  to  commission  at  its  office  within  the  time 
fixed  by  commission.     Gen.  Laws  igoy,  ch.  53,  sec.  40. 

Any  officer,  agent  or  employe  of  any  railroad  who  shall  fail  or 
wilfully  refuse  to  fill  out  and  return  any  blanks  as  required  by 
this  act,  or  shall  fail  or  refuse  to  answer  any  questions  therein 
propounded,  or  shall  knowingly  or  wilfully  give  a  false  answer  to 
any  such  question,  or  shall  evade  the  answer  to  any  such  quCvStion, 
where  the  fact  inquired  of  is  within  his  knowledge,  or  who  shall, 
upon  proper  demand,  fail  or  wilfully  refuse  to  exhibit  to  commis- 
sion or  any  commissioner,  or  any  person  authorized  to  exam- 
2966  ine  the  same,  any  book,  paper  or  account  of  such  railroad,  which 
is  in  his  possession  or  under  his  control,  shall  be  deemed  guilty 
of  a  misdemeanor,  and  upon  conviction  thereof  shall  be  punished 
by  a  fine  of  not  less  than  $100  nor  more  than  Si, 000  for  each  such 
offense;  and  a  penalty  of  not  less  than  $500  nor  more  than  $1,000 
shall  be  recovered  from  the  railroad  for  each  such  offense  when 
such  officer,  agent  or  employe  acted  in  obedience  to  the  direction, 
instruction  or  request  of  such  railroad,  or  any  general  officer 
thereof.     Same,  sec.  52. 

Commission  shall  cause  to  be  prepared  suitable  blanks  for 

2966  reports  for  carrying  out  the  purposes  of  this  act,  and  shall,  when 
necessary,  furnish  such  blanks  for  reports  to  each  public  utility. 
Gen.  Laws  igiij  ch.  2yg,  sec.  ij. 

Any  public  utility  receiving  from  commission  any  blanks 
with  directions  to  fill  the  same,  shall  cause  the  same  to  be  properly 
filled  out  so  as  to  answer  fully  and  correctly  each  question  therein 
propounded,  and  in  case  it  is  unable  to  answer  any  question,  it 

2967  shall  give  a  good  and  sufficient  reason  for  such  failure;  and  said 
answer  shall  be  verified  under  oath  by  the  president,  secretary, 
superintendent  or  general  manager  of  such  public  utility  and  re- 
turned to  commission  at  its  office  within  the  period  fixed  by  com- 
mission.    Same,  sec.  40. 

Any  officer,  agent  or  employe  of  any  public  utility  who  shall 
fail  or  refuse  to  fill  out  and  retiu'n  any  blanks  as  required  by  this 
act,  or  shall  fail  or  refuse  to  answer   any  question  therein 

2968  propounded,  or  shall  knowingly  or  wilfully  give  a  false  answer  to 
any  such  question  or  shall  evade  the  answer  to  any  such  question 
where  the  fact  inquired  of  is  within  his  knowledge  or  who  shall, 
upon  proper  demand,  fail  or  refuse  to  exhibit  to  commission  or 

759 


any  commissioner  or  any  person  authorized  to  examine  the 
same,  any  book,  paper,  account,  record,  or  memorandum  of 
such  public  utility  which  is  in  his  possession  or  under  his  con- 
trol, or  who  shall  fail  to  properly  use  and  keep  his  system  of 
accounting  or  any  part  thereof  as  prescribed  by  commission,  or 
who  shall  refuse  to  do  any  act  or  thing  in  connection  with  such 
system  of  accounting  when  so  directed  by  commission  or  its 
authorized  representative,  shall  be  deemed  guilty  of  a  misde- 
meanor, and  upon  conviction  thereof  shall  be  punished  by  a  fine 
of  not  less  than  $i,ooo  for  each  offense.  A  penalty  of  not  less 
than  $500  nor  more  than  $1,000  shall  be  recovered  from  the 
public  utility  for  each  such  offense  when  such  officer,  agent  or 
employe  acted  in  obedience  to  the  direction,  instruction  or 
request  of  such  public  utility  or  any  general  officer  thereof. 
Same,  sec.  68. 

SOUTH  CAROLINA  Commission  shall,  on  or  before  June  i,  in  each 

2969  year,  furnish  to  the  several  railroads  blank  forms  of  such  reports. 
Gen.  Stats.  igo2,  sec.  20^5. 

TENNESSEE  Commission  shall  cause  to  be  prepared  suit- 

able blanks  with  such  questions  calculated  to  elicit  all  informa- 

2970  tion  concerning  railroads,  and  as  often  as  may  be  necessary, 
furnish  said  blanks  to  each  railroad  company.  Acts  iSgj,  ch.  10, 
sec.  8. 

Each  railroad  company  receiving  from  commission  any  such 
blanks  shall  cause  the  same  to  be  properly  filled  out,  so  as  to 
answer  fully  and  correctly  each  question  therein  propounded,  and 

2971  in  case  they  are  unable  to  answer  any  question,  they  shall  give  a 
satisfactory  reason  for  their  failure,  and  the  said  answer,  duly 
sworn  to  by  the  proper  officer  of  said  company,  shall  be  returned 
to  commission  at  its  office  in  Nashville  within  30  days  from  the 
receipt  of  same.     Same. 

TEXAS  Commission  shall  cause  to  be  prepared  suitable 

blanks  with  questions  calculated  to  elicit  all  information  con- 
cerning railroads,  and  as  often  as  it  may  be  necessary  furnish 
said  blanks  to  each  railroad  company.  Any  railroad  company 
receiving  from    commission   any  such  blanks  shall  cause  said 

2972  blanks  to  be  properly  filled  out  so  as  to  answer  fully  and  correctly 
each  question  therein  propounded,  and  in  case  they  are  unable  to 
answer  any  question,  they  shall  give  a  satisfactory  reason  for 

''  their  failure;  and  the  said  answers,  duly  sworn  to  by  the  proper 
officer  of  said  company,  shall  be  returned  to  commission  at  its 

760 


office  in  the  city  of  Austin  within  30  days  from  tlie  receipt  thereof . 
Sayles^  Civ.  Stats.  i8g'/,  art.  4571. 

If  any  officer  or  employe  of  a  railroad  company  shall  fail  or 
refuse  to  fill  out  aad  return  any  blanks  as  above  required,  or  fail 
or  refuse  to  answer  any  questions  therein  propounded,  or  give  a 
false  answer  to  any  such  questions,  where  the  fact  inquired  of  is 
within  his  knowledge,  or  shall  evade  the  answer  to  any  such 
questions,  such  person  shall  be  guilty  of  a  misdemeanor,  and  shall 

2973  on  conviction  thereof  be  fined  for  each  day  he  shall  fail  to  perform 
such  du^  after  the  expiration  of  the  time  aforesaid,  a  penalty  of 
$500,  and  commission  shall  cause  a  prosecution  therefor  in  the 
proper  court;  and  a  penalty  of  a  like  amount  shall  be  recovered 
from  the  company  when  it  appears  that  such  person  acted  in 
obedience  to  its  directions,  permission  or  request  in  his  failure, 
evasion  or  refusal.     Same,  art.  4^71(1). 

WISCONSIN  Commission  shall  cause  to  be  prepared  suit- 

able blanks  for  the  purposes  designated  in  this  act,  which  shall 
conform  as  nearly  as  practicable  to  the  forms  prescribed  by  the 
interstate  commerce  commission,  and  shall,  when  necessary,. fur- 
nish such  blanks  to  each  railroad.     Any  railroad  receiving  from 

2974  commission  any  such  blanks,  shall  cause  the  same  to  be  properly 
filled  out  so  as  to  answer  fully  and  correctly  each  question  therein 
propounded,  and  in  case  it  is  unable  to  answer  any  question  it 
shall  give  a  good  and  sufficient  reason  for  such  failure;  and  said 
answer  shall  be  verified  under  oath  by  the  proper  officer  of  said 
railroad  and  returned  to  commission  at  its  office  within  the  time 
fixed  by  commission.     Laws  igoj,  ch.  J62,  sec.  i'/gy-i8{a). 

Any  officer,  agent  or  employe  of  any  railroad  who  shall  fail 
or  wilfiilly  refuse  to  fill  out  and  return  any  blanks  as  required  by 
this  act,  or  shall  fail  or  refuse  to  answer  any  questions  therein 
propounded,  or  shall  knowingly  or  wilfully  give  a  false  answer  to 
any  such  question,  or  shall  evade  the  answer  to  any  such  question, 
where  the  fact  inquired  of  is  within  his  knowledge,  or  who  shall, 
upon  proper  demand,  fail  or  wilfully  refuse  to  exhibit  to  com- 
2976  mission  or  any  commissioner,  or  any  person  authorized  .  to 
examine  the  same,  any  book,  paper  or  account  of  such  railroad, 
which  is  in  his  possession  or  under  his  control,  shall  be  deemed 
guilty  of  a  misdemeanor,  and  upon  conviction  thereof  shall 
be  punished  by  a  fine  of  not  less  than  $100  nor  more  than  $1,000 
for  each  such  offense;  and  a  penalty  of  not  less  than  $500  nor 
more  than  $1,000  shall  be  recovered  from  the  railroad  for  each 
such  offense  when  such  officer,  agent  or  employe  acted  in  obedi- 

761 


ence  to  the  direction,  instruction  or  request  of  such  railroad  or 
any  general  officer  thereof.     Samey  sec.  i'jgy-26. 

Commission  shall  cause  to  be  prepared  suitable  blanks  for 
2976  carrying  out  the  purposes  of  this  act,  and  shall,  when  necessary, 
furnish  such  blanks  to  each  public  utility.  Laws  1907,  ch.  49 g, 
sec.  lygym-io. 

Any  public  utility  receiving  from  commission  any  blanks 
with  directions  to  fill  the  same,  shall  cause  the  same  to  be  prop- 
erly filled  out  so  as  to  answer  fully  and  correctly  each  question 
therein  propounded,  and  in  case  it  is  unable  to  answer  any  ques- 
W77  tion,  it  shall  give  a  good  and  sufficient  reason  for  such  failure;  and 
said  answer  shall  be  verified  under  oath  by  the  president,  secre- 
tary, superintendent  or  general  manager  of  such  public  utility 
and  returned  to  commission  at  its  office  within  the  period  fixed 
by  commission.     Same,  sec.  iygym-42  (2). 

Any  officer,  agent  or  employe  of  any  public  utility  or  of  any 
municipality  constituting  a  public  utility  as  defined  by  this  act 
who  shall  fail  or  refuse  to  fill  out  and  return  any  blanks  as  re- 
quired by  this  act,  or  shall  fail  or  refuse  to  answer  any  question 
therein  propounded,  or  shall  knowingly  or  wilfully  give  a  false 
answer  to  any  such  question  or  shall  evade  the  answer  to  any  such 
question  where  the  fact  inquired  of  is  within  his  knowledge  or  who 
shall,  upon  proper  demand,  fail  or  refuse  to  exhibit  to  commission 

2978  or  any  commissioner  or  any  person  authorized  to  examine  the 
same,  any  book,  paper,  account,  record,  or  memoranda  of  such 
public  utility  which  is  in  his  possession  or  under  his  control  or  who 
shall  fail  to  properly  use  and  keep  his  system  of  accounting  or 
any  part  thereof  as  prescribed  by  commission,  or  who  shall  refuse 
to  do  any  act  or  thing  in  connection  with  such  system  of  account- 
ing when  so  directed  by  commission  or  its  authorized  representa- 
tive, shall  be  deemed  guilty  of  a  misdemeanor  and  upon  conviction 
thereof  shall  be  punished  by  a  fine  of  not  less  than  $1 ,000  for  each 
offense.     Same,  sec.  iygjm-g4. 

And  a  penalty  of  not  less  than  $500  nor  more  than  $1,000 
shall  be  recovered  from  the  public  utility  for  each  offense  when 

2979  such  officer,  agent  or  employe  acted  in  obedience  to  the  direction, 
instruction  or  request  of  such  public  utility  or  any  general  officer 
thereof.    Same,  sec.  iygym-g4  (2). 


76;2 


C.  CONTENTS  OF  ANNUAL  REPORTS  OF 
UTILITIES  AS  PRESCRIBED  BY  STATUTE. 

UNITED  STATES  Annual  reports  of  common  carriers  and  owners 
of  railroads  engaged  in  interstate  commerce  shall  show  in  detail  the 
amount  of  capital  stock  issued,  the  amoimts  paid  therefor ,'and  the 
manner  of  payment  for  the  same;  the  dividends  paid,  the  surplus 
fimd,  if  any,  and  the  number  of  stockholders ;  the  fimded  and  float- 
ing debts  and  the  interest  paid  thereon;  the  cost  and  value  of  the 
carrier's  property,  franchises,  and  equipments;  the  number  of  em- 
ployes and  the  salaries  paid  each  class;  the  accidents  to  passen- 
gers, employes,  and  other  persons,  and  the  causes  thereof;  the 

2980  amoimts  expended  for  improvements  each  year,  how  expended, 
and  the  character  of  such  improvements;  the  earnings  and  re- 
ceipts from  each  branch  of  business  and  from  all  sources;  the 
operating  and  other  expenses;  the  balances  of  profit  and  loss;  and 
a  complete  exhibit  of  the  financial  operations  of  the  carrier  each 
year,  including  an  annual  balance  sheet.  Such  reports  shall  also 
contain  such  information  in  relation  to  rates  or  regulations  con- 
cerning fares  or  freights,  or  agreements,  arrangements,  or  con- 
tracts affecting  the  same  as  commission  may  require.  Act  to 
Regulate  Commerce,  sec.  20. 

ALABAMA  Whether  demand  is  made  or  not  a  railroad  cor- 

poration other  than  a  street  railroad  corporation  shall  include 
such  information  in  its  annual  reports,  namely:  (i)  the  cost  of 
right  of  way;  (2)  the  cost  of  grading  and  roadbeds;  (3)  the  cost 
of  bridges;  (4)  the  cost  of  rails  and  ties;  (5)  the  cost  of  terminals 
and  buildings;  (6)  the  cost  of  equipment,  engines,  freight  cars, 
passenger  coaches,  miscellaneous;  (7)  the  cost  of  all  other  prop- 
erty and  values  in  detail;  (8)  the  amount  paid  for  improvements, 
for  what  paid,  and  to  what  accoimt  charged;  (9)  the  monthly 
revenues  from  passenger  transportation;  (10)  the  monthly 
revenues  from  freight  transportation;  (11)  the  monthly  revenues 
from  all  other  sources;  (12)  the  monthly  expenses  of  operating 
passenger  trains;  (13)  the  monthly  expenses  of  operating  freight 
trains;  (14)  the  monthly  expenses  of  operating  mixed  trains; 
(15)  all  other  monthly  expenses  of  operating  railroad  (beyond 
above  items)  including  salaries,  which  are  to  be  stated  separately 
as  are  maintenance  of  way,  and  improvements;  (16)  tons  of  rev- 
enue freight,  divided  into  products  of  agriculture,  products  of 
animals,  products  of  mines,  products  of  forests,  manufacture, 
merchandise,  miscellaneous,  and  fertilizers,  carried  from  one 

763 


point  within  the  state  to  another  point  within  the  state;  (17)  toils 
of  revenue  freight  carried  from  points  without  the  state  to  points 
within  the  state;  (18)  tons  of  revenue  freight  carried  from  points 
within  the  state  to  points  without  the  state;  (19)  tons  of  revenue 
freight  carried  entirely  through  the  state  to  destination  beyond 
the  state  (tonnage  under  sub-divisions  17,  18  and  19  to  be  classi- 
fied as  in  16) ;  (20)  tons  of  company  or  dead-head  freight  carried 
imder  each  of  the  conditions  of  sub-divisions  16,  17,  18  and  19; 
(21)  the  total  revenue  received  from  each  of  the  classes  of  freight 

3981  in  sub-divisions  16,  17,  18  and  19;  (22)  the  total  number  of  ton- 
miles  or  miles  one  ton  was  carried  in  each  of  the  classes  of  freight 
in  sub-divisions  16, 17, 18, 19  and  20;  (23)  total  number  of  revenue 
passengers  carried  from  points  and  to  points  as  named  in  sub-divi- 
sions 16,17,18  and  1 9 ;  ( 24)  total  revenue  from  passenger  transporta- 
tion in  each  class  as  named  in  sub-division  23 ;  (25)  total  passenger 

f  miles  in  each  class  as  named  in  sub-division  23 ;  (26)  total  number 
of  dead-head  or  non-paying  passengers  in  each  of  classes  named 
in  sub-division  23,  and  total  number  of  dead-head  passenger 
miles  in  each  of  such  classes ;  (27)  total  number  of  passenger  trains 
operated  entirely  within  the  state,  total  number  of  freight  trains  op- 
erated entirely  within  the  state,  and  total  niunber  of  mixed  trains 
operated  entirely  within  the  state ;  (28)  total  tons  of  freight  and  to- 
tal number  of  passengers  both  revenue  and  dead-head  (freight  and 

"'  passenger  and  revenue  and  dead-head  stated  separately)  carried 
on  each  class  of  train;  (29)  total  revenue  from  freight  and  passen- 
gers, stated  separately,  each  class  of  train,  total  revenue  from  all 
other  sources ;  (30)  total  ton  miles  and  total  passenger  miles  in 

^^  each  class  of  train  named  in  sub-division  27 ;  (31)  number  of  train 
miles  and  number  of  car  miles  for  each  class  of  train  named  in 
sub-division  27;  (32)  the  cost  of  operation  of  each  of  the  classes 

.  .    of  trains  named  in  sub-division  27,  cost  to.  include,  separately, 

fuel,  water,  oil,  engine  wages,  train  wages,  miscellaneous;  (33)  the 

total  number  of  trains  in  the  state  (freight,  passenger  and  mixed 

'^-    separately)  which  carry  exclusively  intrastate  business;  (34)  fur- 

:t«  nish  for  these  trains  information  as  indicated  in  sub-divisions 
28,  29,  30,  31  and  32.  Provided  that  commission  may  waive  the 
keeping  and  furnishing  of  any  of  the  above  facts  in  this  section 
required  to  be  kept  and  furnished.  Acts  igoy,  sp.  sess.,  no.  17, 
sec.  4. 

ARKANSAS  See  par.  27go. 

FLORIDA  The  annual  report  of  a  railroad,  railroad  com- 

pany and  common  carrier  shall  specify:  (i)  the  amotmt  of  capi- 

764 


tal  stcx^k  subscribed,  the  number  of  shares,  and  the  par  value 
thereof;  (2)  the  names  of  the  owners  of  its  stock,  and  the 
amount  owned  by  them  respectively,  and  the  residence  of  each 
stockholder  as  far  as  known;  (3)  the  amount  of  stock  paid  in 
and  by  whom;  (4)  the  amount  of  assets  and  liabilities;  (5)  the 
names  and  places  of  residence  of  its  officers;  (6)  the  amount  of 
funded  or  bonded  debt;  (7)  the  amoimt  of  floating  debt;  (8)  the 
estimated  value  of  the  roadbed,  including  iron  and  bridges; 
(9)  the  estimated  value  of  rolling  stock;  (10)  the  estimated 
value  of  stations  and  buildings;  (11)  the  estimated  value  of 
other  property;  (12)  the  length  of  single  track  on  main  line; 
(13)  the  length  of  double  track  on  main  line;  (14)  the  length  of 
branches,  stating  whether  they  have  double  or  single  track; 
(15)  the  aggregate  length  of  siding  and  other  tracks  above 
enumerated ;  (16)  the  number  of  tons  of  through  freight  carried 
during  the  year  preceding  the  making  of  the  report;  (17)  the 
number  of  tons  of  local  freight  carried  during  the  same  time; 
(18)  the  monthly  earnings  for  the  transportation  of  passengers 
during  the  same  time;  (19)  the  monthly  earnings  for  the  trans- 
portation of  freight  during  the  same  time;  (20)  the  amount  of 
expenses  inciirred  in  nmning  and  management  of  passenger  trains, 
in  the  running  and  management  of  freight  trains  and  in  the  run- 
ning and  management  of  mixed  trains  during  the  same  time ;  (21) 
the  expenses  incurred  in  the  running  and  management  of  the 
road,  including  the  salaries  or  compensation  of  general  officers  for 
the  same  time  which  shall  be  reported  separately  in  detail ;  (22) 
the  amoimt  expended  for  repairs  and  removal  of  bridges,  ties 
and  iron;  (23)  the  amoimt  expended  for  other  improvements 
not  included  in  the  last  sub-division;  (24)  the  amount  expended 
for  motive  power,  cars,  stations,  houses,  and  all  other*  buildings 
and  fixtures,  including  all  other  expenditures  in  the  management 
and  running  of  said  road;  (25)  the  rate  of  fare  for  passengers 
for  each  month  during  the  same  time;  through  and  way  passen- 
gers separately;  (26)  the  tariff  of  freights,  showing  the  changes 
of  tariff,  if  any,  during  the  same  time;  (27)  a  copy  of  each  pub- 
lished rate  of  fare  for  passengers  and  tariffs  of  freights,  issued  for 
the  government  of  its  agents  during  the  same  time,  and  whether 
the  rate  of  fare  and  tariff  of  freight  in  such  published  lists  are  the 
same  as  those  actually  received  by  the  company,  and  if  not,  what 
were  received;  (28)  what  express  companies  run  on  its  roads 
and  on  what  terms  and  conditions,  and  the  kind  of  business  done 
by  them;    (29)  what  freight  and  transportation  companies  run 

76s 


on  its  roads  and  on  what  terms,  and  whether  such  freight  and 
transportation  companies  use  the  cars  of  the  railroad  company,  or 
cars  furnished  by  themselves ;  (30)  whether  the  freight  or  cars 
of  such  transportation  companies  are  given  any  preference  in 
speed  or  order  of  transportation,  and  if  so,  what ;  (31)  number 
of  free  passes  issued  during  same  time  and  to  whom;  (32)  what 
running  or  traffic  arrangements  it  has  with  other  railroad  com- 
panies; (33)  what  amount  of  land  was  granted  them  by  the 
state  and  by  the  United  States;  how  much  of  said  land  has 
already  been  actually  conveyed  by  deed;  how  much  land  is  still 
due  them;  how  much  land  has  been  sold,  and  what  has  been  the 
gross  receipts  from  such  sales  of  land  since  granted  by  the  state 
and  the  United  States;  and  answer  such  additional  interroga- 
tories as  commission  may  make  and  propound  to  the  said  railroad 
and  express  companies  and  this  section  shall  apply  to  the  presi- 
dent, directors  and  general  officers  of  every  railroad  and  express 
company  now  existing,  or  which  shall  hereafter  be  organized  and 
exist  in  this  state,  and  to  every  lessee,  manager,  or  operator  of  any 
railroad  or  express  line  within  this  state.  Gen.  Stats.  igo6, 
sec.  2go6. 


ILLINOIS  The  annual  report  of  railroad  company  or  other 

common  carrier  shall  specify:  (i)  the  names  of  the  owners  of  its 
stock,  and  the  amount  owned  by  them,  respectively,  and  the  resi- 
dence of  each  stockholder  so  far  as  known;  (2)  the  amoimt  of 
its  assets  and  liabilities;  (3)  the  names  and  place  of  residence  of 
its  officers  ;  (4)  the  amoimt  of  funded  debt;  (5)  the  amount 
of  floating  debt;  (6)  the  estimated  value  of  the  roadbed,  includ- 
ing iron  and  bridges;  (7)  the  estimated  value  of  rolling  stock; 
(8)  the  estimated  value  of  stations,  buildings  and  fixtures;  (9) 
the  estimated  value  of  other  property;  (10)  the  length  of  single 
main  track;  (11)  the  length  of  double  main  track;  (12)  the 
length  of  branches,  stating  whether  they  have  single  or  double 

2988  track;  (13)  the  aggregate  length  of  siding  and  other  tracks  not 
above  enumerated;  (14)  the  ntimber  of  miles  run  by  passenger 
trains  dining  the  year  preceding  the  making  of  the  report;  (15) 
the  number  of  miles  run  by  freight  trains  during  the  same  period; 
(16)  the  number  of  tons  of  through  freight  carried  during  the 
same  time;  (17)  the  number  of  tons  of  local  freight  carried 
during  the  same  time;  (18)  the  amount  of  expenses  incurred  in 
the  running  and  management  of  passenger  trains  during  the  same 
time;  (19)  the  amoimt  of  expenses  incurred  in  the  running  and 
management  of  freight  trains  during  the  same  time;   also  the 

766 


amount  of  expense  mcurred  in  the  running  and  management  of 
mixed  trains  during  the  same  time  ;  (20)  all  other  expenses 
incurred  in  the  running  and  management  of  the  road  during  the 
same  time,  including  the  salaries  of  officers,  which  shall  be  re- 
ported separately  ;  (21)  the  amount  expended  for  repairs  of 
road  and  maintenance  of  way,  including  repairs  and  renewal  of 
bridges  and  renewal  of  iron  ;  (22)  the  amount  expended  for 
improvement,  and  whether  the  same  is  estimated  as  a  part  of  the 
expenses  of  operating  or  repairing  the  road,  and,  if  either,  which; 
(23)  the  amount  expended  for  motive  power  and  cars;  (24) 
the  amount  expended  for  station  houses,  buildings  and  fixtures; 
(25)  all  other  expenses  for  the  maintenance  of  way;  (26)  all 
other  expenditures,  either  for  management  of  road,  maintenance 
of  way,  motive  power  and  cars,  or  for  other  purposes;  (27)  the 
rate  of  fare  for  passengers  during  same  time,  through  and  way 
passengers  separately;  (28)  the  tariff  of  freights,  showing  each 
change  of  tariff  during  the  same  time,  copies  of  such  tariffs  to  be 
filed  with  commission  at  date  of  issue;  (29)  a  copy  of  each  pub- 
lished rate  of  fare  for  passengers  and  tariff  of  freight,  in  force  or 
issued  for  the  government  of  its  agents  during  the  same  time, 
copies  of  such  tariffs  to  be  filed  with  commission  at  date  of 
issue;  (30)  whether  the  rate  of  fare  and  tariff  of  freight  in  such 
published  lists  are  the  same  as  those  actually  received  by  the  com- 
pany during  the  same  time;  if  not,  what  were  received;  (31) 
what  express  companies  run  on  its  road,  and  on  what  terms  and 
on  what  conditions;  the  kind  of  business  done  by  them,  and 
whether  they  take  their  freights  at  the  depots  or  at  the  office  of 
such  express  companies  ;  (32)  what  freight  and  transportation 
companies  run  on  its  road,  and  on  what  terms;  (7,7,)  whether 
such  freight  and  transportation  companies  use  the  cars  of  the  road 
or  the  cars  furnished  by  themselves;  (34)  whether  the  freight 
cars  of  such  companies  are  given  any  preference  in  speed  or  order 
of  transportation  and  if  so,  in  what  particular;  (35)  what  run- 
ning arrangements  it  has  with  other  railroad  companies,  setting 
forth  the  contracts  for  the  same.  Revisal  igog,  ch.  114,  sec. 
172. 

* 

IOWA  Annual  reports  of  common  carriers  shall  show 

in  detail  the  amount  of  capital  stock  issued,  the  amounts  paid 
therefor,  and  manner  of  payment;  the  dividends  paid;  surplus 
fund,  if  any;  number  of  stockholders;  the  funded  and  floating 
debts  and  the  interest  paid  thereon;  the  cost  and  value  of  the 
carrier's  property,  franchises  and  equipment;  the  number  of 

767 


locomotive  engines  and  cars  used  in  the  state,  and  the  number 
supplied  with  automatic  safety  couplers,  and  the  kind  and  num- 
ber of  brakes  used,  and  the  nimiber  of  each;  the  number  of  em- 

2984  ployes  and  the  salaries  paid  each  class;  and  the  amounts  expended 
for  improvements  each  year,  how  and  where  expended  and  the 
character  of  such  improvements;  the  earnings  and  receipts  from 
each  branch  of  business  and  from  all  sources;  the  operating  and 
other  expenses;  the  balance  of  profit  and  loss,  and  a  complete 
exhibit  of  the  financial  operations  thereof  each  year,  including  an 
annual  balance  sheet.  Such  reports  shall  also  contain  such 
information  in  relation  to  rates  or  regulations  concerning  fares  or 
freights,  or  agreements,  arrangements  or  contracts  with  other 
carriers,  and  other  statistics  of  the  road  and  its  transportation,  as 
commission  may  require.     Code  iSgj,  sec.  2143. 

KANSAS  The  annual  report  of  a  common  carrier  or  a  pub- 

lic utility  shall  show  in  detail  the  amount  of  the  capital  stock 
issued,  the  amount  paid  therefor,  and  the  manner  of  payment 
for  same;  the  dividends  paid;  the  surplus  fund,  if  any,  and  the 
ntimber  of  stockholders;  the  funded  and  floating  debts,  and  the 
interest  paid  thereon ;  the  cost  and  value  of  the  carrier's  property, 
franchises  and  equipment;  the  number  of  employes  and  the 
salaries  paid  each  class;  the  accidents  to  passengers,  employes 
and  other  persons,  and  the  causes  thereof;  the  amounts  expended 

2985  for  improvement  each  year,  how  expended,  and  the  character  of 
'      such  improvements;  the  earnings  and  receipts  from  each  branch 

of  the  business  and  from  all  sources;  the  operating  and  other 
•'  expenses;  the  balance  of  profit  and  loss,  and  a  complete  exhibit 
of  the  financial  operations  of  such  common  carrier  and  public 
utility,  each  year,  including  an  annual  balance  sheet.  Such 
reports  shall  also  contain  such  information  in  relation  to  rates 
and  regulations  concerning  fares,  freights,  agreements,  arrange- 
ments and  contracts  affecting  the  same,  as  the  commission  may 
require.     Laws  igii,  ch.  2^8,  sec.  24. 

KENTUCKY  The  annual  report  of  a  railroad  shall  specify: 

(i)  the  amount  of  capital  stock  paid  up,  and  the  names  of  the 
owners  thereof,  and  amounts  owned  by  each,  and  the  residence  of 
each  stockholder  as  far  as  known ;  (2)  the  amount  of  its  assets  and 
liabilities;  (3)  the  names  and  places  of  residence  of  its  general 
officers;  (4)  the  amount  of  cash  paid  to  the  company  on  account 
of  the  original  capital  stock;  (5)  the  amount  of  the  funded  debt; 
(6)  the  amount  of  floating  debt;  (7)  the  estimated  value  of  the 

..  768 


thereof;  commission  may  also  cause  to  be  printed  for  eariy  dis- 
tribution its  annual  reports.     Same. 

Commission  shall  on  or  before  December  i,  in  each  year, 
make  a  report  which  shall  be  transmitted  to  Congress,  and  copies 
of  which  shall  be  distributed  as  are  the  other  reports  transmitted 
to  Congress.     This  report  shall  contain  such  information  and 

3030  data  collected  by  commission  as  may  be  considered  of  value  in 
the  determination  of  questions  connected  with  the  regulation  of 
commerce  together  with  such  recommendations  as  to  additional 
legislation  relating  thereto  as  commission  may  deem  necessary, 
and  the  names  and  compensation  of  the  persons  employed  by 
commission.     Same,  sec.  21. 

See  also  par.  2616. 

ALABAMA  On  or  before  October  10,  of  each  year,  com- 

mission through  the  president  thereof  shall  make  to  the  governor 
for  transmission  to  the  legislature  a  report  of  its  acts  and  doings 
for  the  year  ending  June  30,  next  preceding,  setting  forth  such 

3031  facts  as  will  disclose  the  actual  workings  of  the  transportation 
system  of  this  state  and  make  such  suggestions  as  to  it  may  seem 
appropriate  and  for  the  best  interests  of  the  state.  Such  reports 
may  be  made  public  immediately  upon  the  filing  with  the  gov- 
ernor.    Code  igoy,  sec.  5645. 

ARIZONA  Commission  shall  make  and  submit  to  the 

governor  on  or  before  December  i,  of  each  year,  a  report  con- 
taining a  full  and  complete  accotmt  of  its  transa^^tions  and  pro- 

3032  ceedings  for  the  preceding  fiscal  year,  together  with  such  other 
facts,  suggestions,  and  recommendations  as  it  may  deem  of  value 
to  the  people  of  the  state.     Sess.  Laws  igi2,  ch.  go,  sec.  12. 

ARKANSAS  Commission  shall  make  and  submit  to  the 

governor  annual  reports,  containing  a  full  and  complete  account 
of  the  transactions  of  its  office  together  with  the  information 

3033  gathered  by  commission  as  herein  required  and  such  other  facts, 
suggestions  and  recommendations  as  may  be  by  it  deemed 
necessary,  which  report  shall  be  published  as  the  reports  of  the 
heads  of  departments.     Kirby's  Digest  igo4,  sec.  6824. 

See  also  par.  6ig. 

CALIFORNIA  Identical  with  par.  3032.    Stats,  igii,  ist.  ex. 

3034  sess.,  ch.  14,  sec.  12, 

\       COLORADO  Whenever  investigations   shall  be  made   by 

commission,  it  shall  make  a  report  in  writing  in  respect  thereto, 

783 


8035  which  shall  state  the  conclusions  of  commission,  together  with 
its  decision,  order  or  requirement  in  the  premises.  Laws  igio, 
sp.  sess.,  ch.  5,  sec.  14. 

SO86  Also  a  provision  identical  with  par.  3029.^    Same, 

CONNECTICUT  Commission  shall  render  on  or  before  Decem- 

ber I,  in  each  year  a  report  to  the  governor  stating  the  general 
conduct  and  financial  condition  of  all  public  service  companies  as 
ascertained  by  commission  from  returns  of  the  companies  and 

3037  examinations  by  commission,  together  with  such  other  facts  and 
recommendations  as  in  opinion  of  commission  will  increase  the 
public  safety  or  be  for  the  public  interest,  together  with  its 
reasons  for  such  recommendations.  Pub.  Acts  igii,  ch.  128, 
sec.  28. 

^  See  also  par.  2^4g. 

FLORIDA  Commission  shall  by  March  i,  in  every  year 

make  to  the  governor  annual  reports  of  all  transactions  of  its 

3038  office  including  an  itemized  statement  of  penalties  imposed  and 
fines  collected,  and  recommend  from  time  to  time  such  legisla- 
tion as  it  may  deem  advisable.     Gen.  Stats.  igo6,  sec.  2gij. 

See  also  par.  2jgg. 

GEORGIA  Commission  shall  make  to  the  governor  an- 

3039  nual  reports  of  the  transactions  of  its  office,  and  recommend 
from  time  to  time  such  legislation  as  it  may  deem  advisable. 
Code  igii^  sec.  2644. 

ILLINOIS  Commission  shall  on  or  before  December  i,  of 

each  year,  or  oftener  if  required  by  the  governor  to  do  so,  make  a 
report  to  the  governor  of  its  doings  for  the  preceding  year,  con- 
taining such  facts,  statements  and  explanations  as  will  disclose 
the  actual  workings  of  the  system  of  transportation  of  persons  or 
property  by  common  carriers  within  this  state  and  of  the  ware- 
house business  in  their  bearings  upon  the  business  and  prosperity 

3040  of  the  people  of  the  state,  and  such  suggestions  in  relation  thereto 
as  to  it  may  seem  appropriate,  and  particularly  first,  whether  in 
its  judgment  the  railroads  can  be  classified  in  regard  to  rate  of 
fare  and  freight  to  be  charged  upon  them,  and  if  so,  in  what 
manner;  second,  whether  a  classification  of  freight  can  also  be 
made,  and  if  so,  in  what  manner.  It  shall  also  at  such  times  as 
the  governor  shall  direct  examine  any  particular  subject  con- 
nected with  the  condition  and  management  of  railroads,  other 

*  "All  courts  of  the  United  States  and  of  the  several  states"  reads  "all  courts  of  this  state." 

784 


commission  all  information  required  by  it  concerning  the  con- 
dition, operation  and  management  of  such  railroad,  and  the 

3021  condition  of  its  roadbeds,  bridges  and  equipment.  Commission 
shall  not,  unless  required  by  law,  give  publicity  to  such  informa- 
tion as  may  be  obtained  by  it  under  the  provisions  of  this  chapter, 
except  so  far  as  it  may  be  necessary  in  reports  to  the  general 
assembly  or  in  judicial  proceedings.    Pub.  Stats.  igo6,  4606. 

A  person  or  corporation  operating  a  railroad  in  the  state 
that  refuses  commission  access  to  the  books,  accounts  or  papers 
of  such  railroad  so  far  as  may  be  necessary  imder  the  provisions 
of  this  chapter,  or  fails  or  refuses  to  furnish  any  returns,  reports, 
or  information  lawfully  required  by  commission,  or  wilfully 
hinders,  delays  or  obstructs  commission  in  the  discharge  of  the 

3022  duties  imposed  upon  it,  or  fails  within  a  reasonable  time  to  obey 
a  final  order  or  decree  of  commission,  shall  be  fined  not  more  than 
$5,000  nor  less  than  $500  with  costs.  A  person  who  knowingly, 
imder  oath,  makes  a  false  return  or  statement,  or  who  knowingly, 
imder  oath,  when  required  by  law,  gives  false  information  to 
commission;  or  who  knowingly  testifies  falsely  in  any  material 
matter  before  commission,  shall  be  deemed  to  have  committed 
perjury  and  shall  be  punished  accordingly.     Same,  sec.  460J. 

A  company  owning  or  operating  a  plant,  line  or  property, 
subject  to  supervision  under  this  act  shall,  at  all  times,  on  request, 
furnish  commission  all  information  required  by  it  concerning  the 
condition,  operation,  management,  expense  of  maintenance  and 

3023  operation,  cost  of  production,  rates  charged  for  service  or  for 
products,  contracts,  obligations  and  financial  standing  of  such 
company.  Commission  shall  not,  imless  required  by  law,  give 
publicity  to  such  information  so  obtained  by  it,  except  as  it  may 
be  necessary  in  reports  to  the  general  assembly,  or  in  judicial 
proceedings.     Laws  1Q08,  no.  116,  sec.  5. 

A  company  operating  a  plant  or  line  subject  to  supervision 
under  this  act,  that  refuses  commission  access  to  its  books,  ac- 
counts or  papers,  so  far  as  may  be  necessary  under  the  pro- 
visions of  this  act,  or  fails  or  refuses  to  furnish  any  returns,  reports 
or  information  lawfully  reqiiired  by  commission,  or  wilfully 
hinders,  delays  or  obstructs  commission  in  the  discharge  of  the 

3024  duties  imposed  upon  it,  or  fails,  within  a  reasonable  time  to 
obey  a  final  order  or  decree  of  commission,  shall  be  fined  not 
more  than  $5,000  nor  less  than  $500.  A  person  who  knowingly, 
under  oath,  makes  a  false  return  or  statement,  or  who  know- 
ingly, under  oath,  when  required  by  law,  gives  false  information 

781 


to  commission,  or  who  knowingly  testifies  falsely  in  any  material 
matter  before  commission,  shall  be  deemed  to  have  committed 
perjury,  and  shall  be  punished  accordingly.     Same,  sec.  6. 

VIRGINIA  Every  railroad  company  or  person  operating  a 

railroad  in  this  state  shall,  at  all  times,  on  request,  furnish  to 
commission  any  information  required  by  it,  concerning  the 
physical  condition,  management,  or  operation  of  its  road,  and 

3025  particularly  with  copies  of  all  of  its  time  tables  upon  its  road  and 
other  roads  with  which  its  business  is  connected;  and  any  railroad 
refusing  or  failing  to  furnish  any  such  information  to  com- 
mission shall,  in  the  discretion  of  commission,  be  fined  not  less 
than  $io  nor  more  than  $i,ooo.  Pollard^ s  Code  1904,  sec. 
I294d{69). 

Commission  may  require  all  such  corporations^  to  furnish 

3026  such  reports  to  commission  as  may  be  provided  by  the  consti- 
tution, or  by  law.    Same,  sec.  ijijaiid). 

WISCONSIN  Identical  with  pars.  3015,  3016,  3017.     Laws 

3027  igoy,  ch.  499,  sees.  lygym-iS,  iy9ym-42{i),  iy9ym-42(j). 

See  also  par.  715. 

E.  DUTY  OF  COMMISSION  TO  SUBMIT  RE- 
PORTS, AS  PRESCRIBED,  WITH  REGARD 
TO  THE  BUSINESS  AND  MANAGEMENT  OF 
PUBLIC  UTILITIES  AND  TO  MAKE  RECOM- 
MENDATIONS  WITH   RESPECT   THERETO. 

UNITED  STATES  Whenever  an  investigation  shall  be  made  by 
commission,  it  shall  make  a  report  in  writing  in  respect  thereto, 
which  shall  state  the  conclusions  of  commission,  together  with 

3028  its  decision,  order  or  requirement  in  the  premises;  and  in  case 
damages  are  awarded,  such  report  shall  include  the  findings  of 
fact  on  which  the  award  is  made.  Act  to  Regulate  Commerce, 
sec.  14. 

Commission  may  provide  for  the  publication  of  its  reports 
and  decisions  in  such  form  and  manner  as  may  be  best  adapted 
for  public  information  and  use,  and  such  authorized  publications 

3029  shall  be  competent  evidence  of  the  reports  and  decisions  of  com- 
mission therein  contained  in  all  courts  of  the  United  States  and 
of  the  several  states  without  any  further  proof  or  authentication 

1  Corporations  chartered  under  the  laws  of  this  state  and  all  foreign  corporations. 

782 


a  part  thereof  to  be  copied  for  its  information  or  for  the  infor- 
mation of  the  stockholders  of  such  corporation  or  company. 
Same,  sec.  ij. 

Every  person,  firm,  association  or  corporation  doing  an  ex- 
press business  upon  a  railroad  or  railway  in  this  commonwealth 
shall,  upon  request,  furnish  to  commission  full  information  rela- 
soii  tive  to  the  character  or  conduct  of  such  business,  the  service  that 
is  furnished  and  the  rates  that  are  charged,  the  names  of  the 
persons  engaged  in  the  business,  and  the  relations  existing  with 
any  other  person,  firm,  association  or  corporation  conducting  a 
transportation  or  express  business  upon  a  railroad  or  railway. 
Acts  igo8,  ch.  jgg,  sec.  j. 

Companies  hereinbefore  described  shall  hereafter  furnish 

3012  from  time  to  time  to  gas  and  electric  commission  such  information 
as  commission  may  require.     Acts  iqo8,  ch.  61'/,  sec.  2. 

MISSISSIPPI  Commission    shall    demand   and   require   all 

proper  information  from  railroads,  express,  telephone,  telegraph, 
and  sleeping  car  companies  to  enable  its  members  to  intelligently 
discharge  their  duties;  and  to  require  the  same  of  all  steamboats 

3013  and  other  carriers,  for  statistical  purposes.  They  shall  furnish 
commission  with  all  information  required  relating  to  the  business 
of  each,  and  the  management,  income,  receipts,  expenses,  and 
expenditures  thereof;  and  with  copies  of  all  leases,  contracts,  and 
agreements  for  transportation  with  each  other.  Code  igo6, 
sec.  4848. 

See  also  pars.  2g2,  2gj,  2g4. 

NEBRASKA  See  pars.  648,  64g,  650,  651. 

OHIO  Each  public  utility  shall  furnish  to  commission 

in  such  form  and  at  such  times  as  commission  may  require  such 

3014  accounts,  reports  and  information  as  shall  show  completely  and 
in  detail  the  entire  operation  of  the  public  utility  in  furnishing 
the  imit  of  its  product  or  service  to  the  public.  Laws  igii,  no. 
325,  sec.  37. 

OREGON  Each  public  utility  shall  fiunish  to  commission 

in  such  form  and  at  such  times  as  commission  shall  require,  such 
accounts,  reports  and  information  as  shall  show  in  itemized 
detail:  (i)  the  depreciation  per  imit;  (2)  the  salaries  and  wages 
separately  per  unit;  (3)  legal  expenses  per  imit;  (4)  taxes  and 
rentals  separately  per  unit;  (5)  the  quantity  and  value  of  ma- 
terial used  per  unit;  (6)  the  receipts  from  residuals,  by-products, 

779 


3016  services  or  other  sales  separately  per  unit;  (7)  the  total  and  net 
cost  per  unit;  (8)  the  gross  and  net  profit  per  unit;  (9)  the  divi- 
dends and  interest  per  unit;  (10)  the  surplus  or  reserve  per  unit; 
(11)  the  prices  per  unit  paid  by  consumers;  and  in  addition  such 
other  items,  whether  of  a  nature  similar  to  those  hereinbefore 
enumerated  or  otherwise,  as  commission  may  prescribe  in  order 
to  show  completely  and  in  detail  the  entire  operation  of  the 
public  utility  in  furnishing  the  unit  of  its  product  or  service  to 
the  public.     Gen.  Laws  iqii,  ch.  279,  sec.  ig. 

Every  public  utility  shall  furnish  to  commission  all  informa- 
tion required  by  it  to  carry  into  effect  the  provisions  of  this  act 

3016  and  shall  make  specific  answers  to  all  questions  submitted  by 
commission.     Same,  sec.  40. 

Whenever  required  by  commission,  every  public  utility 
shall  deliver  to  commission  any  or  all  maps,  profiles,  contracts, 
reports  of  engineers,  and  all  documents,  books,  accoimts,  papers 

3017  and  records  or  copies  of  any  or  all  of  the  same,  with  a  complete 
inventory  of  all  its  property,  in  such  form  as  commission  may 
direct.     Same. 

See  also  par.  6j6. 

PENNSYLVANIA  Every  common  carrier  shall,  on  request, 
furnish  commission  any  necessary  information  required  by  com- 
mission concerning  the  rates  of  freight,  for  transporting  freight 

3018  and  passengers  upon  its  road  and  other  roads  with  which  its 
business  is  connected,  and  the  condition,  management,  and  opera- 
tion of  its  road.     Laws  igoy,  no.  2^0,  sec.  ig. 

• 

SOUTH  CAROLINA  Every  railroad  corporation  shall,  at  all  times, 
on  request,  furnish  commission  any  information  required  by  it 
concerning  the  condition,  manageraent  and  operation  of  its  rail- 

3019  roads,  and  particularly  with  copies  of  time  tables,  and  also  with 
the  rates  of  transporting  freight  and  passengers  upon  its  road 
and  other  roads  with  which  its  business  is  connected.  Gen. 
Stats.  igo2,  sec.  20^2. 

Commission  shall  further  have,  at  all  times,  access  to  the 
list  of  stockholders  of  every  corporation  operating  a  railroad, 

3020  and  may,  in  its  discretion,  at  any  time,  cause  the  same  to  be 
copied,  in  whole  or  in  part,  for  its  own  information  or  for  the 
information  of  persons  owning  stock  in  such  corporation.  Same^ 
sec.  2081. 

VERMONT  A  person  or  corporation  owning  or  operating 

a  railroad  in  this  state  shall,  at  all  times,  upon  request,  furnish 

780 


I 


state  the  sum  of  $ioo  for  each  and  every  day  it  shall  continue  to 
be  in  default  with  respect  to  such  abstract  or  list  of  vouchers  or 
receipts  and  such  copy  of  particular  vouchers  or  receipts  de- 
manded. Such  forfeiture  shall  be  recovered  in  an  action  brought 
by  commission -in  the  name  of  the  state  in  the  circuit  court  or 
court  of  like  jurisdiction  of  Montgomery  county,  and  the  amount 
recovered  in  such  action  shall  be  paid  into  the  state  treasury  and 
credited  to  the  general  fund.     Acts  igoy,  sp.  sess.,  no.  77,  sec.  7. 

ARIZONA  All  public  ser\dce  corporations  and  corpora- 

tions whose  stock  shall  be  offered  for  sale  to  the  public  shall  make 

3001  such  reports  to  commission,  under  oath,  and  provide  such  in- 
formation concerning  their  acts  and  operations  as  may  be  re- 
quired by  law,  or  by  commission.     Const.,  art.  xv,  sec.  13. 

Every  public  service  corporation  shall  furnish  to  commission 
in  such  form  and  such  detail  as  commission  shall  prescribe  all 

3002  tabulations,  computations  and  all  other  information  required  by 
it  to  carry  into  effect. any  of  the  provisions  of  this  act,  and  shall 
make  specific  answers  to  all  questions  submitted  by  commission. 
Sess.  Laws  igi2,  ch.  go,  sec.  28. 

Whenever  required  by  commission,  every  public  service 
corporation  shall  deliver  to  commission  copies  of  any  or  all  maps, 
profiles,  contracts,  agreements,  franchises,  reports,  books,  ac- 

3003  counts,  papers  and  records  in  its  possession,  or  in  any  way  re- 
lating to  its  property  or  affecting  its  business,  and  also  a  com- 
plete inventory  of  all  its  property  in  such  form  as  commission  may 
direct.     Same,  sec.  28(c). 

See  also  par.  6oj. 

ARKANSAS  Every  person  or  corporation  operating  a  rail- 

road or  express  company  having  an  agent  or  office  in  the  state 
shall,  upon  notice  to  do  so,  fvimish  commission  with  all  informa- 
tion required  to  enable  commission  to  perform  its  duties  relative 
to  the  management  of  their  respective  lines  and  connecting  lines, 

3004  and  particularly  with  copies  of  all  leases,  contracts  and  agree- 
ments with  other  lines,  express  companies  or  sleeping  car  com- 
panies, and  shall  furnish  all  such  information  as  to  the  number 
of  persons  employed  in  the  different  departments  of  their  serv- 
ice and  the  wages  paid  the  same,  as  commission  may  require. 
Kirhys  Digest,  sec.  681 1. 

CALIFORNIA  Provisions  for  public  utilities  identical  with 

3005  pars.  3002,  3003.  Stats,  igii,  ist.  ex.  sess.,  ch.  14,  sees.  28(a), 
28(c). 

See  also  par.  620. 

Ill 


KANSAS  Each  public  utility  shall  furnish  to  commis- 

sion, in  such  form  and  at  such  time  as  commission  shall  require  > 
such  accotmts,  reports  and  information  as  shown  in  itemized  de- 
tail; (i)  the  depreciation  per  unit;  (2)  the  salaries  and  wages, 
separately ,  per  unit ;  (3)  legal  expenses  per-unit;  (4)  taxes  and 
rentals,  separately,  per  unit ;  (5)  the  quantity  and  value  of  material 
used  per  unit ;  (6)  the  receipts  from  residuals,  by-products,  serv- 

3006  ices  or  other  sales,  separately,  per  unit;  (7)  the  total  and  net 
cost  per  unit;  (8)  the  gross  and  net  profit  per  unit;  (9)  the  divi- 
dends and  interest  per  unit;  (10)  surplus  or  reserve  per  unit;  (11) 
the  prices  per  imit  paid  by  consimiers;  and,  in  addition,  such 
other  items,  whether  of  a  nature  similar  to  those  hereinbefore 
enumerated  or  otherwise  as  commission  may  prescribe  in  order  to 
show  completely  and  in  detail  either  the  operation  of  the  public 
utility  or  common  carrier  in  furnishing  the  unit  of  its  product  or 
service  to  the  public.     Laws  igii,  ch.  2j8,  sec.  23. 

MAINE  See  pars.  2445,  2^j'j,'  257^. 

MARYLAND  See  pars.  631,  633. 

MASSACHUSETTS  Every  corporation  and  company  engaged  in 
the  manufacture  and  sale  of  gas  or  electricity  for  light  or  heat 
shall  at  all  times,  upon  request,  furnish  any  information  required 

3007  by  commission  relative  to  its  condition,  management  and  opera- 
tion, and  shall  comply  with  all  lawful  orders  of  commission. 
Rev.  Laws  igo2,  ch.  121,  sec.  31.^ 

In  addition  to  the  annual  return  required  by  section  eight, 
every  such  company  shall  at  times,  upon  request,  furnish  to 
commission  any  information  required  by  commission  concerning 

3008  the  condition,  management  and  operation  of  its  business,  or  con- 
cerning its  rates  or  the  facilities  afforded  by  it  to  the  public 
therein,  and  shall  comply  with  all  lawful  orders  of  commission, 
and  commission  may  at  all  reasonable  times  have  access  to  the 
books  of  such  company.     Acts  igo6,  ch.  433,  sec.  10. 

Every  railroad  corporation  and  street  railway  company  shall, 
upon  request,  furnish  to  commission  any  information  which  may 

3009  be  required  by  it  relative  to  the  condition,  management  and 
operation  of  the  railroad  or  railway.  Acts  igo6,  ch.  463,  pt.  tit, 
sec.  13. 

Commission  shall  at  all  times  have  access  to  the  list  of 

stockholders  of  every  corporation  or  company  which  operates  a 

8010  railroad  or  railway,  and  may  at  any  time  cause  the  said  list  or 

1  See  footnote  i,  par  276. 


earnings  and  receipts  from  each  branch  of  business,  and  from  all 
2997  sources,  the  operating  and  other  expenses;  the  balance  of  profit 
and  loss,  and  a  complete  exhibit  of  the  financial  operations  of  the 
carrier  each  year,  including  an  annual  balance  sheet,  and  copies 
of  all  reports  made  by  any  station  agent  or  other  agent  of  said 
common  carrier  in  the  state  to  the  auditor  of  said  corporation. 
Such  reports  shall  also  contain  such  information  in  relation  to 
rates  or  regulations,  concerning  fares  or  freights  or  agreements, 
arrangements  or  contracts  with  other  common  carriers  as  com- 
mission may  require.  Such  reports  shall  also  contain  such  other 
statistics  of  the  carrier  and  of  its  transportation  business  for  the 
year  ending  upon  June  30  of  each  year,  as  commission  shall  re- 
quire. Sess.  Laws  iQii,  ch.  2oy,  sec.  24. 
See  also  par.  2g24. 

WASHINGTON  The  annual  report  of  a  public  service  company 

shall  show  in  detail  the  amount  of  capital  stock  issued,  the 
amounts  paid  therefor  and  the  manner  of  payment  for  same,  the 
dividends  paid,  the  surplus  fund,  if  any,  and  the  number  of 
stockholders,  the  funded  and  floating  debts  and  the  interest  paid 
thereon,  the  cost  and  value  of  the  company's  property,  fran- 
chises and  equipment,  the  number  of  employes  and  the  salaries 
paid  each  class,  the  accidents  to  passengers,  employes  and  other 
persons  and  the  cost  thereof,  the  amounts  expended  for  im- 
provements each  year,  how  expended  and  the  character  of  such 
improvements,  the  earnings  or  receipts  from  each  franchise  or 
business  and  from  all  sources,  the  proportion  thereof  earned  from 
business  moving  wholly  within  the  state  and  the  proportion 

2998  earned  from  interstate  traffic,  the  nature  of  the  traffic  movement 
showing  the  percentage  of  the  ton  miles  each  class  of  commodity 
bears  to  the  total  ton  mileage,  the  operating  and  other  expenses 
and  the  proportion  of  such  expense  incurred  in  transacting  busi- 
ness wholly  within  the  state,  and  the  proportion  incurred  in 
transacting  interstate  business,  such  division  to  be  shown  ac- 
cording to  such  rules  of  division  as  commission  may  prescribe, 
the  balances  of  profit  and  loss,  and  a  complete  exhibit  of  the 
financial  operations  of  the  carrier  each  year,  including  an  annual 
balance  sheet.  Such  report  shall  also  contain  such  information 
in  relation  to  rates,  charges  or  regulations  concerning  fares, 
charges  or  freights,  or  agreements,  arrangements  or  contracts 
affecting  the  same,  as  commission  may  require.  Laws  igii,  ch. 
177,  sec.  y8. 

\         VIRGINIA  See  par.  2933. 

775 


D.  DUTY  OF  UTILITIES  TO  FURNISH  GEN- 
ERAL INFORMATION  TO  COMMISSION  AND 
AUTHORITY  OF  COMMISSION  TO  CALL  FOR 
SUCH  INFORMATION. 

ALABAMA  The  managers  of  railroads  shall  furnish  com- 

mission with  all  information  required  by  it  relative  to  the  man- 
agement of  their  respective  lines,  and  with  copies  of  all  leases, 
contracts,  and  agreements  made  by  them  with  express,  sleeping 
car,  or  other  companies  to  which  they  are  parties,  or  affecting 

2999  such  lines,  and  commission  shall  have,  at  all  times,  access  to  the 
list  of  stockholders  of  every  corporation  operating  a  railroad  in 
this  state,  and  it  may,  at  any  time,  cause  the  same  to  be  copied, 
or  any  part  thereof,  for  its  own  information  or  for  the  informa- 
tion of  persons  owning  stock  in  such  corporation.  Code  igoy, 
sec.  5664. 

Every  railroad  and  street  railroad  corporation  shall  keep 
an  abstract  or  list  showing  the  facts  hereinafter  provided,  of 
every  receipt  or  voucher  or  other  record  or  instrument,  evidencing 
the  payment  of  money  by  the  corporation,  and  to  file  with  com- 
mission on  or  before  the  last  day  of  each  month  an  abstract  or 
•  list  of  all  such  vouchers  or  receipts,  covering  all  disbursements  for 
the  month  preceding.  Such  abstract  or  list  to  be  filed  with  com- 
mission, shall  be  sworn  to  by  the  auditor  or  comptroller  of  the 
corporation,  or  such  other  officer  as  may  be  designated  by  com- 
mission and  shall  show  the  following  facts  with  respect  to  each 
receipt  or  voucher:  (i)  the  nimiber;  (2)  the  date;  (3)  the  amount; 
(4)  to  whom  paid;  (5)  for  what  purpose  expended;  (6)  to  what 
account  charged.  When  commission  makes  demand  for  the 
same  it  shall  be  the  duty  of  such  corporation,  within  the  time 
specified  in  the  demand,  to  furnish  to  commission  a  copy  of  any 
particular  voucher  or  receipt,  together  with  all  indorsements 

3000  thereon,  verified  by  the  affidavit  of  the  person  making  said  copy. 
The  time  for  filing  such  abstract  of  vouchers  or  receipts  may  be 
extended  by  commission  for  a  period  not  exceeding  15  days. 
If  any  such  corporation  shall  fail  to  make  and  file  said  ab- 
stracts or  lists  of  vouchers  or  receipts  within  the  time  above  speci- 
fied or  within  the  time  as  extended  by  commission,  or  shall  fail  to 
furnish  commission  with  a  sworn  copy  of  any  particular  voucher 
or  receipt  when  demanded  as  aforesaid  and  within  the  time 
specified  in  the  demand,  such  corporation  shall  forfeit  to  the 

776 


of  freight  and  the  monthly  earnings  for  the  transportation  of 
passengers  on  each  main  Hne  and  branch  line;  (15)  the  amount  of 
expenses  incurred  in  running  passenger  trains  on  each  main  line 
and  branch  line  and  the  amount  of  expense  incurred  in  running 
2994  freight  and  mixed  trains  on  each  main  line  and  branch  line;  (16) 
the  expense  incurred  in  the  management  of  the  road,  including 
the  compensation  of  general  officers,  which  shall  be  reported 
itemized  in  detail;  (17)  the  amount  expended  for  repairs,  in- 
cluding maintenance  of  roadbed,  repairs,  and  renewals  of  bridges, 
ties,  iron  and  the  amount  expended  for  other  improvements  not 
included  in  the  previous  enumeration;  (18)  the  amount  expended 
for  motive  power,  cars,  station  and  warehouses,  shops,  repairs 
upon  cars  and  locomotives  and  all  other  expenses  of  the  oper- 
ating department;  (19)  if  a  railroad,  what  express  companies  run 
on  its  road  and  on  what  terms  and  conditions  and  the  kind  of 
business  done  by  the  express  company;  (20)  the  number  of  free 
passes  or  free  tickets,  and  franks  issued,  and  to  whom  and  what 
relation  the  recipient  bears  to  the  road;  (21)  what  operating  or 
traffic  arrangement  it  has  with  other  companies,  attaching  a  copy 
of  any  contract  or  contracts  for  such  arrangements;  (22)  what 
amount  of  land  was  granted  to  the  company,  or  its  assignors, 
immediate  or  remote;  by  the  state  or  United  States;  how  much  of 
said  land  has  been  conveyed  by  deed  and  the  amount  realized 
from  the  sale  thereof  and  how  much  of  said  land  is  now  held;  (23) 
the  amoimt  received  by  the  company,  or  its  assignors,  immediate 
or  remote;  from  municipalities  or^other  sources  as  a  bonus  or  to 
aid  in  the  building  of  any  railroad;  (24)  the  number  of  employes 
killed  and  the  number  of  employes  injured  by  accident,  and  the 
cause  or  causes  of  such  accidents;  (25)  the  number  of  other  per- 
sons killed  or  injured  by  accident,  and  the  causes  of  such  acci- 
dent; (26)  an  itemized  statement  of  the  amount  of  all  damage 
paid  on  account  of  injuries  to  or  the  death  of  persons  by  reasons 
of  accidents,  stating  in  separate  items  the  amounts  paid  on 
account  of  inquiries  or  the  death  of  employes,  passengers  and 
other  persons;  (27)  such  other  information  as  may  be  required  by 
commission.     Cobbey^s  Annot.  Stats,  igog,  sec.  106 jy. 

NEW  YORK  The  annual  report  of  a  gas  or  electric  corpo- 

ration shall  show  in  detail :  (a)  the  amoimt  of  its  authorized  capi- 
tal stock  and  the  amount  thereof  issued  and  outstanding;  (b)  the 
amoimt  of  its  authorized  bonded  indebtedness  and  the  amoimt 
of  its  bonds  and  other  forms  of  evidence  of  indebtedness 
issued  and  outstanding;  (c)  its  receipts  and  expenditures  during 

773 


the  preceding  year;  (d)  the  amotmt  paid  as  dividends  upon  its 
2996  stock  and  as  interest  upon  its  bonds;  (e)  the  names  of  its  officers 
and  the  aggregate  amoiint  paid  as  salaries  to  them  and  the  amount 
paid  as  wages  to  its  employes;  (f)  the  location  of  its  plant  or 
plants  and  system,  with  a  full  description  of  its  property  and 
franchises,  stating  in  detail  how  each  franchise  stated  to  be  owned 
was  acquired;  and  (g)  such  other  facts  pertaining  to  the  operation 
and  maintenance  of  the  plant  and  system,  and  the  affairs  of  such 
person  or  corporation  as  may  be  required  by  commission.  Laws 
igio,  ch.  480,  sec.  66{6). 

OREGON  The  annual  report  of  a  railroad  shall  show  in 

detail  the  amount  of  capital  stock  issued;  the  amount  and 
manner  of  payment  therefor;  the  dividends  paid,  the  surplus 
fund,  if  any;  the  number  of  stockholders,  the  fimded  and  float- 
ing debts,  and  the  interest  paid  or  due  thereon;  the  cost  and  value 
of  all  the  railroad's  property,  franchises  and  equipments;  the 
number  of  employes  and  officers,  and  the  salary  and  wages  paid 
each  class;  the  amounts  expended  for  improvements,  how  ex- 
pended, and  the  character  of  such  improvements;  the  earnings 
and  receipts  from  each  branch  of  business  and  from  all  other 

2996  sources;  the  operating  and  other  expenses;  the  balance  of  profit 
or  loss;  and  a  complete  exhibit  of  the  financial  operations  of  the 
year,  with  an  annual  balance  sheet,  the  amotmt  of  land  re- 
ceived as  grants  from  the  state  and  from  the  United  States;  the 
amount  of  land  sold  and  the  average  price  received  per  acre;  the 
amoimt  unsold  and  its  average  appraised  value  per  acre;  in- 
formation in  regard  to  rates  and  regulations  concerning  fares  and 
freights;  agreements,  arrangements,  or  contracts  with  express, 
telegraph,  sleeping  and  dining  car  companies,  fast  freight  lines 
and  other  railroads  and  common  carriers,  and  such  other  mat- 
ters as  commission  may  require.  Gen.  Laws  igoy^  ch.  53,  sec.  40. 

SOUTH  DAKOTA  The  annual  report  of  a  common  carrier  shall 
show  in  detail  the  amount  of  the  capital  stock  issued,  the  amounts 
paid  therefor,  and  the  manner  of  the  payment  of  the  same;  the 
dividends  paid;  the  surplus  fund,  if  any,  and  the  number  of 
stockholders;  the  funded  and  floating  debts  and  the  interest  paid 
thereon;  the  cost  and  value  of  the  carrier's  property,  franchises 
and  equipments,  and  the  actual  cost  per  mile  in  building  the  road 
or  line;  the  number  of  employes,  and  the  salaries  paid  each  class; 
the  amounts  expended  for  improvements  each  year,  how  and 
where  expended,  and  the  character  of  such  improvements;  the 

774     • 


the  amount  of  its  authorized  capital  and  its  indebtedness  and 
financial  condition,  on  such  date  or  dates  as  commission  may 
designate.     Acts  iqo6,  ch.  4J3,  sec.  8. 

MICHIGAN  The  annual  report  of  a  union  station  and  depot 

company^  shall  specify;  (i)  the  amount  of  capital  stock  sub- 
scribed and  by  whom;  (2)  the  names  of  the  owners  of  its  stock, 
the  amounts  owned  by  them  respectively  and  the  residence  of 
each  stockholder  so  far  as  known;  (3)  the  amount  of  stock  paid 
in  and  by  whom;  (4)  the  amount  of  its  assets  and  liabilities;  (5) 
the  names  and  places  of  residence  of  its  officers;  (6)  the  amount  of 
cash  paid  to  the  corporation  on  account  of  the  original  capital 
stock;  (7)  the  amount  of  funded  debt;  (8)  the  amount  of  floating 
debt ;  (9)  the  cost  of  its  real  estate,  including  rights  of  way  for 
tracks;  (10)  the  cost  of  depots,  buildings  and  fixtures;  (11)  the 
cost  of  all  other  property;  (12)  the  length  of  single  main  track; 
(13)  the  length  of  double  main  track;  (14)  the  aggregate  length  of 

8991  sidings  and  other  tracks  not  above  enumerated;  (15)  its  monthly 
earnings  from  all  sources  respectively  during  the  year;  (16)  the 
amount  of  expense  incurred  in  operating  its  business  and  main- 
taining its  property  during  the  year;  (17)  all  other  expenses  in- 
curred by  it,  includiQg  the  salaries  of  officers,  which  shall  be  re- 
ported separately;  (18)  the  amount  expended  for  repairs  and  ex- 
tension of  tracks,  including  repairs  and  renewal  of  bridges  and 
renewal  of  iron  during  the  year;  (19)  the  amount  expended  for 
improvements  during  the  year;  (20)  the  amount  expended  for 
depot,  station  houses,  buildings,  and  fixtures  during  the  year; 
(21)  all  other  expenses  during  the  year;  (22)  what  arrangements 
it  has  with  other  railroad  corporations  for  use  of  its  depot  and 
:  other  property,  setting  forth  the  contract  for  the  same.  Comp. 
Laws  i8g'/,  sec.  6jy2. 

Commission  may  make  and  propound  to  such  corporations 
such  other  or  additional  interrogatories  as  in  its  judgment  may 

2992  be  necessary,  in  order  to  gain  f\ill  information  in  regard  to  the 
business  of  said  corporations  and  the  management  thereof. 
Same,  sec.  6jyj. 

MINNESOTA  The  annual  report  of  a  carrier  shall  show  in 

detail  the  amount  of  capital  stock  issued;  the  amount  and  man- 
ners of  payment  therefor;  the  dividends  paid;  the  surplus-ltm^, 
if  any;  the  number  of  stockholders;  the  funded  and  flirting 
debts,  and  the  interest  paid  or  due  thereon;  the  cost  and  value  of 
all  the  carrier's  property,  franchises  and  equipments;  the  nimi- 

1  See  note  i,  par.  2850. 

771 


ber  of  employes  and  officers,  and  the  salary  or  wages  paid  each 
class;  the  amounts  expended  for  improvements,  how  expended 
and  the  character  of  such  improvements;  the  earnings  and  re- 
ceipts from  each  branch  of  business  and  from  all  other  sources; 
2993  the  operating  and  other  expenses;  the  balance  of  profit  or  loss; 
and  a  complete  exhibit  of  the  financial  operations  of  the  year, 
with  an  annual  balance  sheet,  the  amount  of  land  received  as 
grants  from  the  state  and  from  the  United  States;  the  amount  of 
such  land  sold  and  the  average  price  per  acre;  the  amount  un- 
sold and  its  average  appraised  value  per  acre;  information  in  re- 
gard to  rates  and  regulations  concerning  fares  and  freights; 
agreements,  arrangements,  or  contracts  with  express,  telegraph, 
sleeping  and  dining  car  companies,  fast  freight  lines,  and  other 
common  carriers,  with  copies  of  such  contracts,  agreements  or 
arrangements;  and  such  other  matters  as  commission  may  re- 
quire.    Rev.  Laws  1905,  sec.  IQ84. 

NEBRASKA  The  annual  report  of  a  common  carrier  shall 

show:  (i)  the  amoimt  of  the  capital  stock  subscribed,  thenimiber 
of  shares  and  the  par  value  of  the  same;  (2)  the  names  of  the 
owners  of  its  stock  and  the  amount  owned  by  them  respectively; 
(3)  the  amoimt  paid  into  the  treasury  of  the  common  carrier  for 
and  on  account  of  the  issuance  of  the  stock,  the  dates  of  such 
payments  and  by  whom  paid;  (4)  the  amotmt  of  outstanding 
bonds  of  the  company,  the  date  and  purpose  of  their  issuance, 
and  the  rate  of  interest  thereon;  (5)  the  names  and  places  of 
residence  of  the  officers  of  the  company,  with  the  amount  of  the 
annual  salary  of  each;  (6)  the  amount  of  the  floating  debt  of  the 
company,  with  the  purpose  for  which  the  debt  was  incurred;  (7) 
the  value  of  the  roadbed,  including  iron  and  bridges,  the  value  of 
rolling  stock,  stations,  buildings,  locomotives  and  all  other 
property;  (8)  the  length  of  single  track  on  the  main  line  and  the 
length  of  double  track  on  the  main  line;  (9)  the  length  of  branch 
lines,  stating  whether  they  are  double  or  single  track;  (10)  the 
aggregate  length  of  side  tracks,  spurs,  switches  and  terminals  on 
or  connected  with  each  main  line  or  branch  line;  (11)  the  number 
of  tons  of  through  freight  carried  during  the  year  preceding  the 
making  of  the  report  and  the  number  of  tons  of  local  freight  car- 
ried during  the  same  time;  (12)  the  number  of  tons  of  freight  car- 
ried on  each  main  line  designating  in  separate  items,  the  local 
and  through  freight;  (13)  the  number  of  tons  of  freight  carried  on 
each  branch  line,  designating  in  separate  items  the  local  and 
through  freight;  (14)  the  monthly  earnings  for  the  transportation 

772 


roadbed,  including  iron  and  bridges;  (8)  the  estimated  value 
of  rolling  stock ;  (9)  the  estimated  value  of  stations,  buildings, 
and  fixtures;  (10)  the  estimated  value  other  property;  (11)  the 
length  of  single  main  track;  (12)  the  length  of  double  main 
track;  (13)  the  length  of  branches  stating  length  of  single  and 
of  double  track;  (14)  the  aggregate  length  of  siding  and  other 
tracks  not  above  enumerated;  (15)  the  nimiber  of  miles  run 
by  passenger  trains  during  the  year  preceding  the  making  of  the 
report;  (16)  the  nimiber  of  miles  run  by  freight  trains  during  the 
same  period;  (17)  the  number  of  tons  of  through  freight  carried, 
and  the  number  of  tons  of  local  freight  during  the  same  period; 
(18)  the  monthly  earnings  for  the  transportation  of  passengers 
during  the  same  time;  (19)  the  monthly  earnings  for  the  trans- 
portation of  freight  during  the  same  time;  (20)  the  monthly 
earnings  from  all  other  sources  respectively;  (21)  the  amount 
2986  of  expenses  incurred  in  running  of  passenger  trains  during  the 
same  time;  (22)  the  expense  incurred  in  running  freight  trains, 
and  in  running  mixed  trains  during  the  same  time;  (23)  all  other 
expenses  incurred  in  the  management  of  the  road,  including  the 
salaries  of  the  officers,  which  shall  be  reported  separately;  (24) 
the  amount  expended  for  repairs  of  the  road  and  maintenance 
of  way,  including  repairs  and  renewals  of  bridges  and  renewals 
of  iron;  (25)  the  amount  expended  for  improvements,  and 
whether  the  same  is  estimated  as  a  part  of  the  expenses  of  opera- 
ting or  repairing  the  road;  and  if  either,  which  ?  (26)  the  amount 
expended  for  motive  power  and  cars;  (27)  the  amoimt  expended 
for  station  houses,  buildings  and  fixtures;  (28)  all  other  expenses 
for  maintenance  of  way;  (29)  all  other  expenses  for  other  purposes; 
(30)  the  number  of  tons  of  freight  carried  one  mile;  (31)  the 
amount  received  per  ton  per  mile;  (32)  the  average  distance  each 
ton  was  hauled,  and  the  average  cost  of  hauling  a  ton  of  freight 
one  mile;  (33)  what  freight  and  transportation  companies  run  on 
its  road,  and  on  what  terms,  and  whether  such  transportation 
companies  use  the  cars  of  the  railroad  company,  or  cars  furnished 
by  themselves;  (34)  whether  the  freight  or  cars  of  such  transpor- 
tation companies  are  given  any  preference  in  speed  or  order  of 
transportation ;  and,  if  so,  in  what  particular  ?  Commission  may 
propound  any  additional  interrogatories,  which  shall  be  answered 
by  such  company  in  the  same  manner  as  those  specified  in  the 
foregoing  section.     Wheeler's  Stats,  iqoq,  sec.  54og. 

MARYLAND  The  annual  report  of  a  gas  or  electric  company 

shall  show  in  detail;  (i)  the  amount  of  its  authorized  capital 

769 


stock  and  the  amount  thereof  issued  and  outstanding;  (2)  the 
amount  of  its  authorized  bonded  indebtedness  and  the  amount 
of  its  bonds  and  other  forms  of  evidence  of  indebtedness  issued 
and  outstanding;  (3)  its  receipts  and  expenditures  during  the 
preceding  year;  (4)  the  amount  paid  as  dividends  upon  its  stock 
8987  and  as  interest  upon  its  bonds;  (5)  the  names  and  amounts  paid 
as  salary  to  each  officer,  and  the  amounts  paid  as  wages  to  its 
employes;  (6)  the  location  of  its  plant  or  plants  and  system,  with 
a  full  description  of  its  property  and  franchises,  stating  in  detail 
how  each  franchise  stated  to  be  owned  was  acquired;  and  (7)  such 
other  facts  pertaining  to  the  operating  and  maintenance  of  the 
plant  and  system  and  the  affairs  of  such  person  or  corporation 
as  may  be  required  by  commission.     Laws  igio,  ch.  180,  sec. 

The  annual  report  of  a  telephone  or  a  telegraph  company 
shall  show  in  detail :  (a)  the  amount  of  its  authorized  capital 
stock  and  the  amount  thereof  issued  and  outstanding;  (b)  the 
amount  of  its  authorized  bonded  indebtedness  and  the  amount 
of  its  bond  and  other  forms  of  evidence  of  indebtedness  issued 
and  outstanding;  (c)  its  receipts  and  expenditures  during  the  pre- 
ceding year;  (d)  the  amount  paid  as  dividends  upon  its  stock  and 
S988  as  interest  upon  its  bonds;  (e)  the  name  of  and  the  amount  paid  as 
salary  to  each  officer,  and  the  amount  paid  as  wages  to  its  em- 
ployes; (f)  the  situation  of  its  plant  or  plants  and  system,  with 
a  full  description  of  its  property  and  franchises,  stating  in  detail 
how  each  franchise  stated  to  be  owned  was  acquired;  and  (g) 
such  other  facts  pertaining  to  the  operation  and  maintenance  of 
the  plant  and  system,  and  the  affairs  of  such  person  or  corpora- 
tion, as  may  be  required  by  commission.     Same,  sec.  jp. 

MASSACHUSETTS  The  annual  report  of  a  gas  or  electric  corpo- 
ration shall  contain:  the  amount  of  its  authorized  capital,  its 
indebtedness  and  financial  condition  on  June  30  preceding,  its 

1989  income  and  expenses  during  the  preceding  year,  its  dividends 
paid  out  and  declared,  a  list  of  the  names  of  all  its  salaried 
officers,  and  the  amount  of  the  annual  salary  paid  to  each,  and 
the  balance  sheet  of  its  accounts  as  of  said  preceding  June  30. 
Rev.  Laws  igo2,  ch.  121,  sec.  ji.^ 

The  annual  report  of  a  company  engaged  in  the  business  of 
the  transmission  of  intelligence  by  electricity  shall  include  a  state- 
ment of  its  business,  receipts  and  expenditures  within  the  com- 

S990  monwealth  during  the  year,  its  dividends  paid  out  and  declared, 

1  See  footnote  i,  par.  276. 

770 


CHAPTER   XI 

Franchises 


SCOPE  NOTE 

This  chapter  includes  grants  of  power  authorizing 
commissions  to  regulate  competition  between  utilities  by 
requiring  certificates  of  convenience  and  necessity  to  be 
issued  by  commissions  as  a  condition  precedent  to  the 
acquisition  of  new  franchise  privileges  or  to  the  exercise 
of  franchise  privileges  previously  granted.  It  also  in- 
cludes the  Wisconsin  law  on  indeterminate  franchises. 
Provisions  of  general  corporation  law  defining  the  fran- 
chise rights  of  utilities  and  prescribing  the  procedure  to 
be  followed  in  their  exercise  have  been  excluded.  For  pro- 
visions incidentally  involving  questions  of  franchise,  see 
ch.  xii,  on  stock  and  bond  issues,  and  ch.  xiii,  on  inter- 
corporate relations.  For  provisions  prescribing  general 
procedure  to  be  followed  in  the  exercise  of  commission 
authority,  see  ch.  xiv,  on  commission  procedure  and 
practice.  For  provisions  prescribing  general  rules  of 
enforcement  and  judicial  review,  see  ch.  xv,  on  enforce- 
ment. For  general  statement  of  scope  and  method,  see 
introduction. 


ANALYSIS 

A.  Certificates  of  convenience  and  necessity 800 

1 .  New  undertakings  or  extensions  of  existing  undertakings 800 

2.  The  exercise  of  franchise  privileges  previously  granted 820 

3.  Conditions  precedent  to  the  issue  of  certificates 822 

B.  Relations  between  state  commissions  and  municipalities 823 

C.  Indeterminate  franchises  and  right  of  municipality  to  purchase 837 


799 


A.     CERTIFICATES   OF    CONVENIENCE 
AND    NECESSITY. 

I.     New  Undertakings  or  Extensions  of  Existing  Undertakings. 

ARIZONA,  CALIFORNIA 

No  street  railroad  corporation,  gas,  electrical, 
telephone  or  water  corporation  shall  henceforth  begin  the  con- 
struction of  a  street  railroad,  or  of  a  line,  plant  or  system  or  of  any 
8087  extension  of  such  street  railroad,  or  line,  plant  or  system  without 
having  first  obtained  from  commission  a  certificate  that  the 
present  or  future  public  convenience  and  necessity  require  or  will 
require  such  construction.  Ariz. — Sess.  Laws  igi2,  ch.  go,  sec. 
5o{a);  Col. — Stats,  igii,  ist.  ex.  sess.,  ch.  14,  sec.  jo{a). 

This  section  shall  not  be  construed  to  require  any  such  cor- 
poration to  secure  such  certificate  for  an  extension  within  any 
city  and  county  or  city  or  town  within  which  it  shall  have  there- 
tofore lawfully  commenced  operations,  or  for  an  extension  into 

3088  territory  either  within  or  without  a  city  and  county  or  city  or 
town,  contiguous  to  its  street  railroad,  or  line,  plant  or  system 
and  not  theretofore  served  by  a  public  utility  of  like  character, 
or  for  an  extension  within  or  to  territory  already  served  by  it, 
necessary  in  the  ordinary  course  of  its  business.     Same. 

If  any  public  utility  in  constructing  or  extending  its  line, 
plant  or  system  shall  interfere  or  be  about  to  interfere  with  the 
operation  of  the  line,  plant  or  system  of  any  other  public  utility, 

3089  already  constructed,  commission,  on  complaint  of  the  public 
utility  claiming  to  be  injuriously  affected,  may,  after  hearing, 
make  such  order  and  prescribe  such  terms  and  conditions  for  the 
location  of  the  lines,  plants  or  systems  affected  as  to  it  may  seem 
just  and  reasonable.     Same. 

CONNECTICUT  No  street  railway  shall  be  built  or  extended 

from  one  town  to  another  in  the  highway  so  as  to  parallel  any 
other  street  railway  or  any  railroad  imless  authorized  by  special 
charter  prior  to  January  i,  1893,  or  by  the  superior  court  or  a 
judge  thereof,  after  an  application  and  finding  in  the  manner 
hereinafter  provided,  that  public  convenience  and  necessity  re- 
quire the  building  of  such  railway,  nor  shall  any  street  railway 
be  built  or  extended  under  the  provisions  of  any  charter  or 
amendment  of  a  charter  granted  after  the  close  of  the  session  of 
the  general  assembly  in  1897,  so  as  to  parallel  any  other  street 

800 


sary,  which  report  shall  be  published  as  the  reports  of  the  heads 
of   departments.     Sayles^    Civ.    Stats.    iSgy,    art.    4^^1(2). 
See  also  pars.  68 j,  686,  2210. 

VERMONT  Commission   shall   biennially   report   to   the 

general  assembly,  giving  its  proceedings  tmder  this  chapter,  and 
include  therein  such  statements,  facts  and  explanations  as  will 
disclose  the  actual  working  of  the  system  of  railroad  transporta- 
tion in  its  bearing  upon  the  business  and  prosperity  of  the  state, 
and  such  suggestions  in  respect  thereto,  or  to  the  condition, 
affairs  or  conduct  of  any  of  such  railroads,  or  the  general  railroad 

3079  policy  of  the  state,  or  the  amendment  of  its  laws,  or  any  new 
legislation,  as  it  deems  appropriate,  also  statements  showing  the 
receipts  and  expenditures  of  each  railroad  in  this  state  for  the 
two  preceding  years,  from  what  source  such  receipts  were  de- 
rived, and  for  what  such  expenditiires  were  made,  also  the  con- 
dition of  each  road  and  its  equipment,  and  such  other  matters 
as  commission  deems  appropriate  and  important  for  the  in- 
formation of  the  general  assembly.     Puh.  Stats.  igo6,  sec.  4614. 

The  report  required  to  be  made  by  commission  under  section 
4614  of  the  public  statutes  relating  to  railroads,  shall  include  the 

3080  report  of  commission  under  this  act,  to  be  of  the  same  general 
scope  and  character  as  required  in  case  of  railroads.  Laws  igo8, 
no.  116,  sec.  75. 

See  also  pars.  2215,  3021. 

VIRGINIA  Commission  shall  make  annual  reports  to  the 

governor  of  its  proceedings,  in  which  reports  it  shall  recommend, 
from  time  to  time,  such  new  or  additional  legislation  in  reference 

3081  to  its  powers  or  duties,  or  the  creation,  supervision,  regulation 
or  control  of  corporations,  or  to  the  subject  of  taxation,  as  it  may 
deem  wise  or  expedient,  or  as  may  be  required  by  law.  Const., 
sec.  i56{i). 

Commission  shall,  annually,  on  January  i,  publish  a  com- 
pilation of  the  statute  laws  governing  common  carriers  together 
with  a  compilation  of  the  rules  and  regulations  prescribed  for 
their  government  by  commission,  and  shall  furnish  a  sufficient 
number  of  copies  to  each  railroad  company  or  transportation 
company,  or  persons  operating  the  same,  to  enable  such  com- 

3082  pany  or  person  operating  the  same  to  post  and  keep  posted 
conspicuously  in  every  passenger  and  freight  depot  of  the  com- 
pany a  copy  of  such  laws,  rules  and  regulations;  and  every  such 
company,  or  person  operating  the  same,  is  hereby  required  to 

797 


see  that  such  copies,  when  furnished  by  commission,  are  posted 
and  kept  posted  in  the  manner  prescribed.  Pollard^ s  Code  igo4, 
sec.  I3i3a{4i).^ 

WASHINGTON  Commission  shall  make  and  submit  to  the 

governor  an  annual  report  containing  full  and  complete  accounts 
of  the  transactions  and  proceedings  of  its  office,  together  with 

3083  the  information  gathered  by  commission  as  herein  required,  and 
such  other  facts,  suggestions  and  recommendations  as  may  be  by 
it  deemed  necessary,  which  report  shall  be  published  as  the  re- 
ports of  the  heads  of  departments.     Laws  igii,  ch.  iij,  sec.  6. 

WISCONSIN  Commission  shall  publish  annual  reports  show- 

ing its  proceedings  and  showing  in  tabular  form  the  details  per 

3084  unit  as  provided  in  section  lygym-iS  for  all  the  public  utilities 
of  each  kind  in  the  state,  and  such  monthly  or  occasional  report, 
as  it  may  deem  advisable.    Laws  igoy,  ch.  4gg,  sec.  lygym—igii). 

Commission  shall  also  publish  in  its  annual  reports  the  value 
of  all  the  property  actually  used  and  useful  for  the  convenience 
of  the  public  and  the  value  of  the  physical  property  actually 

3080  used  and  useful  for  the  convenience  of  the  public,  of  every  public 
utility  as  to  whose  rates,  charges,  service  or  regtilations  and 
hearing  has  been  held  by  commission  under  section  i797m-45 
and  1797m— 46  or  the  value  of  whose  property  has  been  ascer- 
tained by  it  under  section  i797m-5.     Same,  sec.  i'/gym—ig{2). 

Commission  is  hereby  authorized  to  print  and  publish  for 
distribution  in  *  *  *  volumes  of  convenient  size,  bound  in  buck- 
ram, or  other  substantial  material,  its  opinions  and  decisions, 
which  shall  be  suitably  indexed,  for  convenient  reference  to  the 
subjects  treated  therein.  Not  to  exceed  2,500  copies  of  any  vol- 
imie  shall  be  so  published.    Commission  is  likewise  authorized  to 

3086  print  for  distribution  in  pamphlet  form  a  suitable  number  of  its 
opinions  and  decisions  as  the  same  are  from  time  to  time  an- 
nounced. Commission  shall,  on  or  before  the  first  Monday  in 
December,  in  each  year,  make  a  report  to  the  governor  for  the 
preceding  year,  containing  such  information,  suggestions,  or 
recommendations  as  it  may  deem  proper.  Laws  igoy,  ch.  582, 
sec.  1797-3711,  as  amended  by  Laws  igii,  ch.  22g. 
See  also  pars.  708,  4254. 

'Commission  shall,  on  or  before  December  i  in  each  year,  tabulate  and  publish  in 
statistical  form  such  reports  made  to  it  in  pursuance  of  the  constitution  and  laws  of  this 
state,  as  required  by  subsection  (a)  of  section  156  of  the  constitution  proper,  and  shall, 
on  the  same  date  in  each  year,  make  report  to  the  governor  as  reauired  oy  subsection  one 
of  said  section,  to  be  by  him  laid  before  the  general  assembly  at  each  regular  session  thereof. 
Pollard's  Code  1904,  sec.  ijijaijx). 

798 


ment  of  its  laws,  or  the  condition,  affairs,  or  conduct  of  any 
common  carriers,  as  may  seem  to  them  appropriate;  (4)  drafts 
of  all  bills  suggested  or  recommended  by  them,  and  the  reasons 
therefor;  (5)  such  tables  and  abstracts  of  all  reports  of  all  the 
common  carriers  as  it  may  deem  expedient;  (6)  a  statement  in 
detail  of  the  traveling  expenses  and  disbursements  of  commission, 
its  clerks,  marshal,  and  experts.  Laws  igoy,  no.  2^0,  sec.  21. 
See  also  pars.  66^,  7<5j,  2665. 

RHODE  ISLAND  Commission  shall  make  an  annual  report  to 
the  governor  for  transmittal  to  the  general  assembly  on  or  before 

3073  January  15,  in  each  year,  which  shall  contain  copies  of  all  orders 
passed  and  issued  by  it,  and  any  information  in  the  possession  of 
commission  which  it  shall  deem  of  value  to  the  general  assembly 
and  the  people  of  the  state.     Acts  1Q12,  ch.  ygj,  sec.  g. 

SOUTH  CAROLINA  Commission  shall  make  an  annual  report  to  the 
legislature  of  its  official  acts,  including  such  statements,  facts 
and  explanations  as  will  disclose  the  actual  working  of  the  sys- 
tem of  railroad  transportation  in  its  bearing  upon  the  business 
and  prosperity  of  the  state;  and  suggestions  as  to  the  general 
railroad  policy  of  the  state,  or  as  to  any  part  thereof,  or  as  to  the 

3074  condition,  affairs  or  conduct  of  any  of  the  railroad  corporations 
as  may  seem  to  it  appropriate,  with  a  special  report  of  all  acci- 
dents, and  the  causes  thereof  for  the  preceding  year.  And  it 
shall  also  recommend  such  legislation  as  in  its  judgment  may  be 
necessary  to  seciu'e  just  and  reasonable  rates  for  the  transporta- 
tion of  passengers  and  freights  and  for  the  prevention  of  imjust 
discrimination.     Gen.  Stats.  igo2,  sec.  2074. 

See  also  pars.  400,  24J8,  2giy. 

SOUTH  DAKOTA  Commission  shall  on  or  before  November  15, 
in  each  year  make  a  report  to  the  governor  of  its  doings  for  the 
preceding  year  containing  such  facts,  statements  and  explana- 
tions as  will  disclose  the  workings  of  the  system  of  railroad  trans- 
portation in  this  state  and  its  relation  to  the  general  business  and 
prosperity  of  the  citizens  of  this  state,  and  such  suggestions  and 
recommendations  in  respect  thereto  as  may  to  it  seem  appro- 
priate. Such  report  shall  also  contain  as  to  every  railroad  com- 
pany doing  business  in  this  state:  (i)  the  amoimt  of  its  capital 
stock;  (2)  the  amoimt  of  its  preferred,  if  any,  and  the  amoimt  of 
its  preferment;  (3)  the  amotmt  of  its  funded  debt  and  the  rate  of 
interest;  (4)  the  amount  of  its  floating  debt;  (5)  the  cash  and 
present  value  of  its  road  and  equipment  in  this  state,  including 

795 


permanent  way,  buildings  and  rolling  stock,  all  real  estate  used 
exclusively  in  operating  the  road,  and  fixtures  and  conveniences 

3076  for  transacting  its  business;  (6)  the  estimated  cash  value  of  all 
property  owned  by  such  railroad  company  in  this  state,  with  a 
schedule  of  the  same,  not  including  lands  granted  in  aid  of  its 
construction;  (7)  the  number  of  acres  situated  in  this  state 
originally  granted  in  aid  of  the  construction  of  its  said  road  by 
the  United  States  or  by  this  state;  (8)  the  ntmiber  of  acres  of  said 
land  remaining  unsold;  (9)  a  list  of  the  officers  and  directors,  with 
their  respective  places  of  residence;  (10)  such  statistics  of  the  road 
and  of  the  transportation  and  business  for  the  year  within  this 
state  as  may  in  the  judgment  of  commission  be  necessary  and 
proper  for  the  information  of  the  legislature,  or  as  may  be  re- 
quired by  the  governor.  Such  reports  shall  exhibit  and  refer  to 
the  condition  of  the  railroad  company  on  July  i,  of  such  year, 
and  the  details  of  its  transportation  business  transacted  during 
the  year  ending  June  30;  (11)  the  average  amount  of  tonnage 
that  can  be  carried  over  each  road  within  the  state  with  one  en- 
gine of  given  power.     Rev.  Pol.  Code  1903,  sec.  igj. 

The  report  of  commission  shall  contain  consolidated  state- 
ment of  the  conditions  of  the  railroads  operating  in  this  state, 
but  shall  not  print  the  reports  of  the  several  roads  at  large,  nor 

3076  shall  a  list  of  free  tickets  and  passes,  issued  by  the  several  roads 
to  the  citizens  of  this  state,  which  are  required  to  be  filed  in  the 
office  of  commission,  be  published.  Sess.  Laws  igog,  ch.  2go, 
sec.  7. 

See  also  pars.  22^0,  24^9. 

TENNESSEE  Commission  shall,  annually,  on  January  6 

make  a  report  to  the  governor  of  all  matters  relating  to  its  office 
for  the  preceding  year,  and  such  as  will  disclose  the  practical 

8077  workings  of  the  railroads  in  this  state,  and  such  suggestions  in 
relation  thereto  as  it  may  deem  necessary  and  proper,  together 
with  the  minutes  of  all  its  meetings  and  shall  have  printed  and 
lay  before  each  legislature  500  copies  of  its  reports  for  the  two 
preceding  years.     Acts  iSgy,  ch.  10,  sec.  31. 

TEXAS  Commission  shall  make  and  submit  to  the 

governor  annual  reports  containing  a  full  and  complete  account 
of  the  transactions  of  its  office,  together  with  the  information 

8078  gathered  by  commission  as  herein  required,  and  such  other  facts, 
suggestions,  and  recommendations  as  may  be  by  it  deemed  neces- 

796 


conveniences  for  transacting  its  business;  (i8)  the  estimated 
value  of  all  other  property  owned  by  such  corporation  with  a 
schedule  of  the  same,  not  including  lands  granted  in  aid  of  its 
construction;  (19)  the  nimiber  of  acres  originally  granted  in  aid 
of  construction  of  its  road  by  the  United  States  or  by  this  state, 
the  ntimber  of  acres  of  such  land  remaining  unsold;  (20)  a  classi- 
fied list  of  its  officers  and  directors,  with  their  respective  places 
of  residence  and  the  salaries  paid  to  each  class;  (21)  the  number 
of  its  employes,  classified,  and  the  salaries  paid  each  class;  (22) 
the  average  amoimt  of  tonnage  that  can  be  carried  over  each 
road  in  the  state  with  an  engine  of  given  power.  Such  additional 
statistics  of  the  road  and  of  its  transportation  business  for  the 
year  as  may,  in  the  judgment  of  commission  be  necessary  and 
proper  for  the  information  of  the  legislative  assembly,  or  as  may 
be  required  by  the  governor.  Such  reports  shall  exhibit  and 
refer  to  the  condition  of  such  corporation  and  the  details  of  its 
transportation  business  transacted  during  the  year  ending  June 
30.     Rev.  Codes  igoj,  sec.  4363. 

Commission  shall  report  in  writing  its  findings  to  the  gov- 

3066  emor  within  ten  days  after  the  close  of  each  session.  Laws  igog, 
ch.  ig^,  sec.  4. 

See  also  pars,  jgj,  gg6,  ggj,  2sg6,  2658.  ^ 

OHIO  On  or  before  January  i,  of  each  year,  com- 

mission shall  make  to  the  governor  a  report  of  the  affairs  and 
conditions  of  the  railroads  and  telegraph  companies  having  lines 

3067  in  the  state,  and  also  of  accidents  on  railroads  resulting  in 
injuries  to  persons  and  the  circimistances  and  causes  thereof. 
Commission  shall  include  in  its  report  such  other  information 
and  such  suggestions  and  recommendations  as  in  its  opinion 
are  of  importance  to  the  state.    Code  igio,  sec.  614. 

Commission  shall  annually  as  early  as  December  15,  make 
and  deliver  to  the  governor,  a  full  report  of  the  operation  and 
execution  of  all  laws  which  it  is  herein  required  to  administer, 

3068  for  the  year  ending  November  15,  twenty-five  hundred  copies  of 
which  shall  be  printed  in  book  form  for  the  use  of  the  general 
assembly  and  the  public.  In  addition  thereto,  it  shall  make 
such  recommendations  to  the  general  assembly  as  it  may  from 
time  to  time  deem  proper.    Laws  igii,  no.  32  j,  sec.  84. 

OKLAHOMA  Commission  shall  make  annual  reports  to  the 

governor  of  its  proceedings,  in  which  reports  it  shall  recommend 
from  time  to  time,  such  new  or  additional  legislation  in  reference 

3069  to  its  powers  or  duties,  or  the  creation,  supervision,  regulation 

793 


or  control  of  corporations,  or  to  the  subject  of  taxation,  as  it  may 
deem  wise  or  expedient  or  as  may  be  required  by  law.  Const., 
art.  ix,  sec.  25. 

See  also  par.  66$. 

OREGON  Commission  shall  report  to  the  governor  an- 

nually on  or  before  December  15,  and  at  any  other  times  re- 
quired by  him,  its  doings  for  the  preceding  year,  with  such  facts, 
statements  and  explanations  as  will  show  the  actual  workings  of 
the  system  of  railroad  transportation  of  the  state,  its  bearings 
on  the  business  and  prosperity  of  the  people,  and  such  sugges- 

8070  tions  relative  thereto  as  it  shall  deem  proper.  It  shall  also 
recommend  to  the  governor  any  amendment  of  the  railroad  laws 
which  it  shall  deem  advisable,  and,  when  directed  by  the  gover- 
nor, shall  investigate  any  matter  subject  to  its  supervision  and 
report  thereon.  All  such  reports  shall  be  transmitted  to  the 
legislative  assembly  by  the  governor  as  soon  as  practicable. 
Gen.  Laws  igoj,  ch.  55,  sec.  46. 

The  annual  report  of  commission  to  the  governor  shall 
show  its  proceedings  under  this  act,  and  shall  also  show  the  details 
per  imit  as  provided  in  section  19  hereof  for  all  the  public  utilities 
of  each  kind  in  this  state,  together  with  such  other  facts  and 
suggestions  relative  thereto  as  commission  shall  deem  advisable. 

8071  Commission  shall  also  publish  in  its  annual  reports  the  value  of 
all  property  actually  used  and  useful  for  the  convenience  of  the 
public,  of  every  public  utility  as  to  whose  rates,  charges,  service 
or  regulations  any  hearing  has  been  held  by  commission,  or  the 
value  of  whose  property  has  been  ascertained  by  it  as  provided 
in  this  act.     Gen.  Laws  igii,  ch.  zyg,  sec.  20. 

See  also  pars.  4gi,  66g. 

PENNSYLVANIA  Commission  shall  make  an  annual  report,^  on 
or  before  the  second  Monday  of  January  in  each  year,  to  the 
governor,  and  a  duplicate  thereof  shall  be  filed  with  the  secretary 
of  internal  affairs,  which  shall  contain;  (i)  a  record  of  its  meetings, 
and  an  abstract  of  its  proceedings  during  the  preceding  year;  (2) 
the  result  of  any  examination  or  investigation  made  by  it;  (3) 
such  statements,  facts,  and  explanations  as  will  disclose  the 
actual  workings  and  operations  of  common  carriers  in  their 

8072  relations  to  the  business  and  prosperity  of  the  state;  and  such 
suggestions  as  to  the  general  policy  of  the  state,  or   he  amend- 

•  Two  thousand  five  hundred  copies  of  the  report  with  report  of  the  common  carriers 
of  the  state,  shall  be  printed  as  a  public  document  of  the  state,  bound  in  cloth,  for  the  use  of 
commission  and  to  be  distributed  by  it,  in  its  discretion,  to  the  officers  of  the  common  carriers 
and  other  persons  interested  therein.     Laws  1907,  no.  230,  sec.  21. 

794 


road  in  the  state  with  an  engine  of  given  power.  Said  report  to 
exhibit  and  refer  to  the  conditions  of  said  railway  companies  on 
July  I,  of  each  year,  and  the  details  of  its  transportation  business 
transacted  during  the  year  ending  June  30.  Cobbey's  Annot. 
Stats.  iQOQ,  sec.  io6jo{o). 
See  also  pars.  652,  654. 

NEVADA  The  regular  reports  of  commission  shall  be 

made  to  the  governor  annually  as  soon  after  December  31  in 

3059  each  year  as  may  be  feasible  in  order  to  bring  the  report  down  to 
that  date.  Stats,  igoy,  ch.  44,  sec.  j2,  as  amended  by  Stats,  iqoq, 
ch.  121,  sec.  10. 

Public  service  commission  shall  make  and  publish  annual 
reports  for  each  calendar  year  showing  its  proceedings,  which 

3060  reports  shall,  as  nearly  as  may  be,  conform  in  a  general  way  to 
those  of  the  railroad  commission  of  this  state,  and  be  made  at 
the  same  time.     Laws  igii,  ch.  162,  sec.  g. 

NEW  HAMPSHIRE  Commission  shall  file  with  the  secretary  of 
state  on  or  before  December  i ,  its  biennial  report  to  the  legisla- 
ture, which  shall  contain  an  account  of  its  doings  dining  the  years, 
a  statement  of  the  expenses  incurred  by  it,  such  statistical  and 

3061  other  information  with  regard  to  railroads  and  public  utilities  in 
the  state  as  commission  may  deem  of  public  interest  and  such 
suggestions  and  recommendations  as  to  needed  legislation,  or 
other  matter,  affecting  railroad  corporations  and  public  utilities 
as  commission  may  think  will  promote  the  public  good.  Laws 
igii,  ch.  164,  sec.  20. 

See  also  par.  24^2. 

NEW  JERSEY  Commission  shall  report  annually,  on  or  be- 

3062  fore  January  i,  to  the  governor,^  making  such  recommendations  as 
it  may  deem  proper,  which  report  shall  be  laid  before  the  next 
succeeding  legislature.     Laws  igii,  ch.  igj,  sec.  14. 

NEW  YORK  Each  commission  shall  make  an  annual  re- 

port to  the  legislature  on  or  before  the  second  Monday  of  Jan- 
uary in  each  year,  which  shall  contain  copies  of  all  orders  issued 
by  it,  and  any  information  in  the  possession  of  commission  which 
it  shall  deem  of  value  to  the  legislature  and  the  people  of  the 

1  Commission  shall  furnish  its  secretary  such  of  its  findings  and  decisions  as,  in  its  judg- 
ment, may  be  of  general  public  interest;  the  secretary  shall  compile  the  same  for  the  purpose 
of  publication  in  a  series  of  volumes  to  be  designated  "  Reports  of  the  board  of  public  utility 
commissioners  of  the  state  of  New  Jersey, ''  which  shall  be  published  in  such  form  and  man- 
ner as  may  be  best  adapted  for  public  information  and  use,  and  such  authorized  publica- 
tions shall  be  competent  evidence  of  the  reports  and  decisions  of  commission  therein  contained 
without  any  further  jjroof  or  authentication  thereof.  The  contents  of  said  reports  shall  not 
be  under  the  supervision  or  control  of  the  official  state  editor.     Laws  iQiii  ch.  lOSf  sec.  7. 

791 


3063  state.  Five  hxindred  copies  of  each  report,  together  with  ab- 
stracts of  the  reports  to  such  commission  of  corporations  and 
persons  subject  to  its  supervision,  in  addition  to  the  regular 
number  prescribed  by  law,  shall  be  printed  as  a  public  document 
of  the  state,  bound  in  cloth  for  the  use  of  commission  and  to  be 
distributed  by  it  in  its  discretion  to  corporations  and  persons 
interested  therein.     Laws  igio,  ch.  480,  sec.  i6{i). 

NORTH  CAROLINA  Commission  shall  make  to  the  governor  an- 
nual reports  of  its  transactions,  and  recommend  from  time  to 

3064  time  such  legislation  as  it  may  deem  advisable  under  the  pro- 
visions of  this  chapter,  and  the  governor  shall  have  1,000  copies 
of  such  report  printed  for  distribution.  PeWs  Revisal  igo8, 
sec.  my. 

NORTH  DAKOTA  Commission  shall,  on  or  before  the  first 
Monday  in  December  in  each  year,  make  a  report  to  the  governor 
of  its  doings  for  the  preceding  year,  containing  such  facts,  state- 
ments and  explanations  as  will  disclose  the  workings  of  he  system 
of  railroad  transportation  in  this  state,  and  its  relation  to  the 
general  business  and  prosperity  of  the  citizens  of  the  state,  and 
such  suggestions  and  recommendations  in  respect  thereto  as 
may  to  it  seem  appropriate.  Said  report  shall  also  contain,  as 
to  every  railroad,  railroad  corporation  or  common  carrier  doing 
business  in  this  state:  (i)  the  total  number  of  miles  of  main  line 
and  branches  owned  or  operated;  (2)  the  total  number  of  miles  of 
main  line  and  branches  owned  or  operated  in  each  county  within 
this  state;  (3)  the  total  mileage  of  side  tracks  within  each  county 
or  taxing  district  in  this  state;  (4)  the  amount  of  its  capital  stock 
issued;  (5)  the  amount  paid  therefor;  (6)  the  manner  of  the  pay- 
ment of  the  same;  (7)  the  dividends  paid;  (8)  the  surplus  fimd, 
if  any;  (9)  the  number  of  stockholders;  (10)  the  amoimt  of  its 
preferred  stock,  if  any,  and  the  condition  of  its  preferment; 
(11)  the  amotmt  of  its  funded  debt  and  the  rate  of  interest  paid 
thereon;  (12)  the  amount  of  its  floating  debt  and  the  interest 
paid  thereon;  (13)  the  amount  expended  for  improvements  each 
year,  and  how  and  where  expended,  and  the  character  of  the  im- 

3066  provements  made ;  (14)  the  earnings  and  receipts  from  each  branch 
of  its  business  and  from  all  sources;  (15)  the  operating  and  other 
expenses ;  (16)  the  balances  of  profits  and  losses ;  (i  7)  the  cost  and 
actual  present  cash  value  of  its  franchises,  road  and  equipment, 
including  permanent  way,  buildings  and  rolling  stock,  all  real 
estate  used  exclusively  in  operating  the  road,  and  all  fixtures  and 

792 


MINNESOTA  Commission  shall  report  to  the  governor  an- 

nually on  or  before  December  i,  and  at  other  times  if  required 
by  him,  its  doings  for  the  preceding  year,  with  such  facts,  state- 
ments, and  explanations  as  will  show  the  actual  working  of  the 
system  of  railroad  transportation  of  the  state,  in  its  bearings 
on  the  business  and  prosperity  of  the  people,  and  such  sugges- 

3062  tions  relative  thereto  as  it  shall  deem  proper.  It  shall  also 
biennially  recommend  to  the  governor  any  amendment  of  the 
railroad  and  warehouse  laws  which  it  shall  deem  desirable,  and 
when  directed  by  the  governor,  shall  investigate  any  matter 
subject  to  its  supervision,  and  report  thereon.  All  such  reports 
shall  be  transmitted  by  the  governor  to  the  legislature  as  soon  as 
practicable.  Rev.  Laws  1905,  sec.  1985. 
See  also  par.  2645. 

MISSISSIPPI  Commission  shall  make  a  report  every  two 

years  to  the  legislature  of  all  its  acts  and  doings  for  the  two  pre- 
ceding years,  ending  on  the  prior  September  30.     The  reports 

3053  shall  give  all  necessary  and  proper  information  concerning  the 
operations  of  the  railroads  of  the  state  and  its  transportation 
facilities,  and  embrace  such  suggestions  as  commission  deems 
proper.     Laws  1908,  ch.  84,  sec.  i.     . 
See  also  pars.  p5,  2591,  2648. 

MISSOURI  Commission  shall,  on  or  before  December   31 

of  each  year,  transmit  to  the  governor  of  this  state  a  report  ^  of  its 
official  acts  for  the  year  ending  on  June  30  as  aforesaid,  and  the 
said  report  shall  contain  a  condensation  of  statistics  tabulated 

3064  from  the  returns  of  the  several  railroad  companies,  together  with 
all  such  information  and  recommendations  concerning  the  regu- 
lation of  the  railroads  of  this  state  as  commission  may  deem  to  be 
of  public  interest  and  importance.     Rev.  Stats.  1909,  sec.  3089. 

Commission  shall  in  its  annual  report  to  the  governor  in- 
clude a  condensation  of  statistics,  tabulated  from  the  returns  of 
the  several  express  companies,  together  with  all  such  informa- 

3066  tion  and  recommendations  concerning  the  regulations  of  the 
express  companies  doing  business  in  this  state  as  commission 
may  deem  to  be  of  public  interest  and  importance.     Same,  sec. 

3294- 

Commission  shall,  on  or  before  January  i,  of  each  year, 

1  The  annual  reports  of  commission  made  to  the  governor,  as  is  now  or  as  may  hereafter 
be  provided  by  law,  shall  be  printed  at  the  expense  of  the  state  in  the  manner  provided  by  law 
for  the  printing  of  other  public  docimients.  Three  thousand  copies  are  hereby  authorized 
to  be  printed  and  bound  annually  under  the  direction  of  commission,  and  to  be  by  it  prop- 
erly distributed  throughout  the  state.     Rev.  Stats,  iqoq,  sec.  3257. 


make  a  report  to  the  governor  of  its  doings  for  the  preceding 
3086  year,  to  contain  such  facts  as  will  disclose  the  actual  working  of 
the  system  of  the  warehouse  business  of  this  state  as  contem- 
plated by  this  article,  and  such  suggestions  thereto  as  to  it 
may  appear  pertinent.     Same,  sec.  6Siy. 

MONTANA  Commission  shall  make  and  submit  to  the 

governor  annual  reports  containing  a  full  and  complete  account 
of  the  transaction  of  its  office,  together  with  such  facts,  sug- 
gestions and  recommendations  as  may  be  by  it  deemed  neces- 

3057  sary,  which  report  shall  be  published  as  the  reports  of  other 
departments  of  the  state.  The  said  report  shall  contain  a  state- 
ment as  to  the  number  of  accidents  investigated  by  commission 
as  herein  provided,  and  the  number  of  persons  killed  or  injured 
in  them  and  generally  the  cause  of  such  accidents.  Rev.  Codes, 
iQoy,  sec.  4396. 

NEBRASKA  Commission  shall  annually,  on  or  before  the 

first  Monday  in  December,  make  a  report  to  the  governor  of  its 
doings  for  the  preceding  year,  containing  such  facts,  statements 
and  explanations  as  will  disclose  the  workings  of  railroad  sys- 
tems of  this  state,  and  their  relations  to  the  general  business  and 
prosperity  of  the  citizens  thereof,  with  such  suggestions  and 
recommendations  in  respect  thereto,  as  may  to  commission  seem 
appropriate.  Said  report  shall  also  contain,  as  to  every  rail- 
road corporation  doing  business  in  this  state;  (i)  the  amount  of 
its  capital;  (2)  the  amount  of  its  preferred  and  common  stock,  if 
any,  and  the  condition  of  each;  (3)  the  amoimt  of  its  fimded  debt 
and  the  rate  of  interest;  (4)the  amount  of  its  floating  debt;  (5) 
the  cost  and  actual  present  cash  value  of  its  road  equipment,  in- 
cluding permanent  way,  buildings  and  rolling  stock,  and  all  real 
estate  used  exclusively  in  operating  the  road,  and  fixtiu-es  and 
conveniences  for  transacting  its  business;  (6)  the  estimated  value 

8068  of  all  other  property  owned  by  it,  with  schedule  of  the  same,  not 
including  lands  granted  in  aid  of  its  construction;  (7)  the  number 
of  acres  originally  granted  by  the  United  States  or  this  state  in 
aid  of  the  construction  of  said  road;  (8)  the  number  of  acres  of 
such  land  remaining  unsold;  (9)  a  list  of  its  officers  and  directors 
with  their  respective  places  of  residence;  (10)  such  statistics  of 
the  road  and  of  its  transportation  business  for  the  year  as  may,  in 
the  judgment  of  commission,  be  necessary  and  proper  for  the  in- 
formation of  the  legislature  or  as  maybe  required  by  the  governor; 
(11)  the  average  amoimt  of  tonnage  that  can  be  carried  over  each 

.790 


degrees  of  curves  on  its  road  in  Kansas;  (14)  such  additional 
statistics  of  the  road  of  its  business  in  Kansas  for  the  year  as  may 
in  the  judgment  of  commission  be  necessary  and  proper  for  the 
information  of  the  legislature,  or  as  may  be  required  by  the 
governor  or  the  legislature.  Gen.  Stats,  igog,  sec.  72iy. 
See  also  pars.  627,  gij. 

KENTUCKY  Commission  shall  annually,  on  December  i, 

make  a  report  to  the  governor  of  all  matters  relating  to  its  office 
for  the  preceding  year,  and  such  as  will  disclose  the  practical 

3044  workings  of  the  railroads  in  this  state,  and  such  suggestions  in 
relation  thereto  as  it  may  deem  necessary  and  proper,  and  shall 
have  printed  and  lay  before  each  legislature  within  the  first  ten 
days  of  its  session  500  copies  of  its  reports  for  the  preceding  two 
years.     Carroll's  Stats,  igog,  sec.  834. 

See  also  pars,  igo^,  2444. 

MAINE  See  pars.  2445,  2^77,  2578,  2634. 

MARYLAND  '     Commission  shall  make  an  annual  report  to  the 

governor  and  to  the  general  assembly  on  or  before  the  second 

3045  Monday  of  January  in  each  year,  which  shall  contain  copies  of 
all  orders  passed  and  issued  by  it,  and  any  information  in  the 
possession  of  commission  which  it  shall  deem  of  value  to  the 
legislature  and  the  people  of  the  state.     Laws  igio,  ch.  180,  sec.  8. 

See  also  par.  630. 

MASSACHUSETTS  Commission  shall  annually,  on  or  before  the 
first  Wednesday  in  January,  transmit  to  the  secretary  of  the 
commonwealth  a  report  to  the  general  court  of  its  doings,  with 
such  suggestions  as  to  the  condition  of  affairs  or  conduct  of 

S046  corporations  and  companies  which  are  engaged  in  the  manu- 
facture and  sale  of  gas  or  electricity  for  light  or  heat  as  may  be 
appropriate,  with  such  abstracts  of  the  returns  required  by 
section  31  as  it  considers  expedient  and  an  abstract  of  the  ac- 
cidents reported  to  it  imder  the  provisions  of  section  39.  Rev. 
Laws,  igo2,  ch.  121,  sec.  7.^ 

Highway  commission,  shall  annually,  on  or  before  the  first 
Wednesday  in  January,  transmit  to  the  secretary  of  the  com- 
monwealth a  report  to  the  general  court  of  all  proceedings  imder 

3047  the  provisions  of  this  act  during  the  period  covered  by  the  report, 
together  with  such  suggestions  as  to  the  condition  or  conduct  of 
companies  engaged  in  the  transnaission  of  intelligence  by  elec- 

1  See  footnote  i,  par.  276. 

787 


tricity  as  commission  may  deem  expedient.     Acts  igo6,  ch.  433 
sec.  4. 

Commission  shall  make  an  annual  report,  which  shall  be 
transmitted  to  the  secretary  of  the  commonwealth,  on  or  before 
the  first  Wednesday  in  January,  and  be  laid  before  the  general 
court.  The  report  shall  include  such  statements,  facts  and 
explanations  as  will  disclose  the  actual  working  of  the  system 
of  railroad  and  railway  transportation  in  its  bearing  upon  the 

3048  business  and  prosperity  of  the  commonwealth,  such  suggestions 
as  to  its  general  railroad  and  railway  policy,  or  any  part  thereof, 
or  the  condition,  affairs  or  conduct  of  any  railroad  corporation 
or  street  railway  company,  as  may  seem  to  it  appropriate,  such 
tables  and  abstracts  of  all  the  returns  required  to  be  made  by  a 
corporation  or  company,  as  it  considers  expedient,  and  a  report 
of  any  proceedings  taken  imder  the  provisions  of  section  nine. 
Acts  igo6,  ch.  463,  pt.  i,  sec.  5. 

Railroad  commission  shall  on  or  before  January  15,  of  each 
year  transmit  to  the  bank  commissioner  a  list  of  all  street  railway 

3049  companies  which  appear  from  the  returns  made  by  said  companies 
to  have  properly  paid,  without  impairment  of  assets  or  capital 
stock,  the  dividends  required  by  the  preceding  section.  Acts 
igo6,  ch.  463,  pt.  Hi,  sec.  148. 

Railroad  commission  shall  prepare  tables  and  abstracts  of 
the  returns  of  the  several  companies,  and  transmit  said  returns 

3050  and  tables  and  abstracts  to  the  secretary  of  the  commonwealth 
at  the  time  and  in  the  manner  provided  in  section  five,  of  part  1. 
for  the  transmission  of  the  returns  of  railroad  corporations. 
Same,  sec.  1^3. 

See  also  pars.  75^,  y6i,  2^04,  3442. 

MICHIGAN  Commission  shall,  on  January  i,  of  each  year, 

render  to  the  governor  a  full  and  complete  report  of  all  such  find- 
ings, decisions,  determinations  and  investigations,  together  with 
a  statement  of  all  moneys  expended  by  it  or  on  its  order,  and  of 
all  salaries  paid  by  or  to  it.     It  shall  include  in  such  report  such 

3061  recommendations  as  it  shall  desire  to  make  on  the  conduct  of 
railroad  business  in  the  state  of  Michigan,  and  such  portion  or 
abridgment  of  the  reports  of  the  various  railroad  corporations 
made  to  it  as  it  shall  deem  to  be  of  interest  to  the  general  public. 
Not  more  than  1,500  copies  of  this  report  shall  be  published, 
except  by  special  authority  of  the  board  of  state  auditors.  Puh» 
Acts  iQOQy  no.  joo,  sec.  48, 
See  also  pars.  48Q,  4220. 

788 


common  carriers  and  warehouses,  and  report  to  him  in  writing  its 
opinion  thereon  with  its  reasons  therefor.  Revisal  igog,  ch.  114, 
sec.  iy6. 

INDIANA  Commission  shall  make  an  annual  report  to 

the  governor  which  shall  be  transmitted  to  him  on  or  before  the 
first  Wednesday  in  January.  The  report  shall  include  such  state- 
ments, facts  and  explanations  as  will  disclose  the  actual  working 
of  the  system  of  railroad  transportation  in  its  bearing  upon  the 
business  and  prosperity  of  the  state;  such  suggestions  as  to  its 
general  railroad  policy  or  any  part  thereof  or  the  condition, 
affairs  or  conduct  of  any  railroad  corporation  as  may  seem  to  it 

3041  appropriate,  and  such  tables  and  abstracts  of  all  the  returns  re- 
quired to  be  made  by  railroad  corporations  as  it  considers  ex- 
pedient. Such  report  shall  also  include  a  complete  accoimt  of  the 
transactions  and  proceedings  of  commission,  together  with  a  full 
detailed  statement  of  its  receipts  and  expenditures,  and  shall  be 
published  as  the  reports  of  other  state  officers  and  boards. 
Commission  shall  also  publish,  with  annotations,  for  the  in- 
formation of  the  public  the  laws  of  this  state  concerning  the  car- 
riers subject  to  this  act.     Acts  igo'j,  ch.  241,  sec.  io{b). 

IOWA  Commission  shall  annually  on  or  before  the 

first  Monday  in  December  make  a  report  to  the  governor  of  its 
doings  for  the  preceding  year,  containing  such  facts,  statements 
and  explanations  as  will  disclose  the  working  of  such  systems  of 
railroad  transportation  in  the  state,  and  their  relation  to  the 
general  business  and  prosperity  of  the  citizens  thereof,  with  such 
suggestions  and  recommendations  in  respect  thereto  as  may  to 
commission  seem  appropriate.  Said  report  shall  also  contain, 
as  to  every  railroad  corporation:  (i)  amount  of  its  capital;  (2) 
amount  of  its  preferred  stock,  if  any,  and  the  condition  of  its 
preferment;  (3)  amount  of  its  funded  debt  and  the  rate  of  inter- 
est; (4)  amount  of  its  floating  debt;  (5)  cost  and  actual  present 
cash  value  of  its  road  equipment,  including  permanent  way, 
buildings  and  rolling  stock,  all  real  estate  used  exclusively  in 
operating  the  road,  and  all  fixtures  and  conveniences  for  trans- 

3042  acting  its  business;  (6)  estimated  value  of  all  other  property 
owned  by  it,  with  a  schedule  of  the  same,  not  including  lands 
granted  in  aid  of  its  construction;  (7)  number  of  acres  originally 
granted  it  by  the  United  States  or  this  state  in  aid  of  the  con- 
struction of  its  roads;  (8)  nimiber  or  acres  of  such  land  remaining 

785 


unsold;  (9)  list  of  its  officers  and  directors,  with  their  respective 
places  of  residence;  (10)  such  statistics  of  the  road  and  of  its 
transportation  business  for  the  year  as  may,  in  the  judgment  of 
commission,  be  necessary  and  proper  for  the  information  of  the 
general  assembly  or  as  may  be  required  by  the  governor;  (11) 
average  amount  of  tonnage  that  can  be  carried  over  each  road 
in  the  state  with  an  engine  of  given  power.  Which  report  shall 
exhibit  and  refer  to  the  condition  of  such  corporation  on  the  first 
day  of  July  of  each  year,  and  the  details  of  its  transportation 
business  transacted  during  the  year  ending  June  30.  Code  iSgy, 
sec.  2114. 

See  also  pars.  757,  2442,  2630. 

KANSAS  Commission  shall,  on  or  before  the  first  Mon- 

day in  December  in  each  even  numbered  year,  make  a  report  to 
the  governor  of  its  acts  and  proceedings  for  the  preceding  years, 
containing  such  facts,  statements  and  explanations  as  will  dis- 
close the  working  of  the  system  of  railroad  transportation  in  this 
state,  and  its  relations  to  the  general  business  and  prosperity  of 
the  citizens  of  the  state,  and  such  recommendations  in  respect 
thereto  as  may  seem  appropriate.  Said  report  shall  also  contain, 
as  to  every  railway  corporation:  (i)  amount  of  its  capital  stock 
and  the  amoimtpaid  on  the  same;  (2)  amount  of  its  preferred 
stock,  if  any,  and  the  condition  of  its  preferment ;  (3)  amount  of 
its  funded  debt  and  the  rate  of  interest;  (4)  amount  of  its  floating 
debt;  (5)  amount  of  gross  income  from  the  operation  of  its  road 
in  Kansas,  with  the  specific  items  and  sources  of  such  income, 
as  far  as  practicable;  (6)  items  of  gross  expense  incurred  in  the 
operation  of  its  road  in  Kansas;  (7)  the  net  income  from  the 
operation  of  its  road  in  Kansas;  (8)  number  of  miles  of  road, 

3043  single  and  double  track  being  stated  separately ;  also  the  number  of 
miles  of  side  tracks  and  switches,  with  the  location  of  the  same, 
owned  and  operated  by  it  in  Kansas ;  (9)  actual  cost  and  also  the 
actual  present  cash  value  of  its  road  and  equipment,  including 
permanent  way,  buildings,  and  rolling  stock,  all  real  estate  used 
exclusively  in  operating  the  road,  and  all  fixtures  and  conveniences 
for  transacting  its  business  in  the  state  of  Kansas;  (10)  estimated 
value  of  all  other  property  owned  or  held  by  such  corporation  in 
Kansas,  with  a  schedule  of  the  same,  including  the  lands  granted 
in  aid  of  its  construction;  (ii)  list  of  all  its  officers  and  directors, 
with  their  respective  places  of  residence;  (12)  average  amount  of 
tonnage  that  can  be  carried  over  each  road  in  the  state  with  an 
engine  of  given  power;  (13)  maximum  grade  and  number  and 

786 


railway  in  any  town,  or  any  railroad  in  any  town  except  within 
the  limits  of  a  city,  until  the  company  desiring  to  build  or  ex- 
tend its  railway  shall  have  applied  to  the  superior  court  or 
judge  thereof,  and  obtained,  in  the  manner  hereinafter  provided, 
a  finding  that  public  convenience  and  necessity  require  the  con- 
3090  struction  of  such  railway.  Any  company  intending  to  build  or 
extend  such  railway  shall  make  an  application  to  the  .superior 
court  or  a  judge  thereof  for  a  finding  that  public  convenience 
and  necessity  require  the  construction  of  such  railway;  and  such 
court  or  judge  shall  thereupon  fix  a  time  and  place  to  hear  such 
application,  and  shall  cause  notice  to  be  served,  at  least  twelve 
days  before  the  day  of  hearing,  upon  any  railroad  company  or 
companies  and  any  street  railway  company  or  companies  that  may 
be  affected  by  the  construction  of  such  road,  and  upon  the  se- 
lectmen of  any  town,  the  mayor  of  any  city,  or  the  warden  and 
burgesses  of  any  borough  within  whose  limits  it  is  proposed  to 
build  such  railway.  Such  court  or  judge  shall  hear  the  parties 
and  determine  whether  public  convenience  and  necessity  re- 
quire the  construction  of  such  railway,  in  whole  or  in  part,  and 
the  decision  of  such  court  or  judge  shall  be  final  and  conclusive 
upon  the  parties.     Gen.  Stats.  igo2,  sec.  3846. 

KANSAS  No   common   carrier  or  public  utility   shall 

transact  business  in  the  state  until  it  shall  have  obtained  a  cer- 
tificate from  commission  that  public  convenience  will  be  promoted 
by  the  transaction  of  said  business  and  permitting  said  applicants 

3091  to  transact  the  business  of  a  common  carrier  or  public  utility. 
This  section  shall  not  apply  to  any  common  carrier  or  public 
utility  governed  by  the  provisions  of  this  act  now  transacting 
business  in  this  state.     Laws  igii,  ch.  2j8,  sec.  31. 

MAINE  Said  directors  (of  a  proposed  railroad)  shall 

present  to  the  railroad  commission  a  petition  for  approval  of 
said  articles  of  association,  accompanied  with  a  map  of  the  pro- 
posed route  on  an  appropriate  scale.  The  railroad  commission 
shall,  on  presentation  of  such  petition,  appoint  a  day  for  a  hear- 
ing thereon,  and  the  petitioners  shall  give  such  notice  thereof  as 

3092  said  commission  deems  reasonable  and  proper,  in  order  that  all 
persons  interested  may  have  an  opportunity  to  appear  and  be 
heard  thereon.  If  the  railroad  commission,  after  notice  and 
hearing  the  parties,  finds  that  all  the  provisions  of  sections  one 
and  two  have  been  complied  with,  and  that  public  convenience 
requires  the  construction  of  such  railroad,  said  commission  shall 

801 


indorse  upon  said  articles  a  certificate  of  such  facts  and  the 
approval  of  the  board  in  writing.  Rev.  Stats,  igoj,  ch.  51,  sec.  j. 
Every  (railroad)  corporation  organized  under  the  foregoing 
provisions,  before  commencing  the  construction  of  its  road, 
shall  present  to  the  railroad  commission  a  petition  for  approval 
of  location,  defining  its  courses,  distances  and  boundaries  accom- 
panied with  the  map  first  presented,  and  with  a  profile  of  the 
line  on  the  relative  scales  of  profile  paper  in  common  use,  and 
with  a  report  and  estimate  prepared  by  a  skilful  engineer  from 
8093  actual  survey.  The  railroad  commission  shall,  on  presentation 
of  such  petition,  appoint  a  day  for  a  hearing  thereon,  and  the 
petitioners  shall  give  such  notice  thereof  as  said  commission 
deems  reasonable  and  proper,  in  order  that  all  persons  interested 
may  have  an  opportunity  to  appear  and  object  thereto.  If  the 
railroad  commission,  after  hearing  the  petition,  approves  the 
proposed  location,  the  corporation  may  proceed  with  the  con- 
struction thereof Same,  sec.  6. 

Every  (street  railway)  corporation  organized  under  the 
foregoing  provisions  before  commencing  the  construction  of  its 
road,  shall  present  to  the  railroad  commission  a  petition  for 
approval  of  location  defining  its  courses,  distances  and  bound- 
aries, accompanied  with  a  map  of  the  proposed  route  on  an 
appropriate  scale  with  the  written  approval  of  the  proposed 
route  and  location  as  to  streets,  roads  or  ways  of  the  municipal 
officers  of  the  cities  and  towns  in  which  such  railroad  is  to  be 
constructed  in  whole  or  in  part,  and  with  a  report  and  estimate 
prepared  by  a  skilful  engineer.  *  *  *  Said  commission  shall 
upon  presentation  of  such  petition  appoint  a  day  for  a  hearing 
thereon  and  the  petitioner  shall  give  such  notice  thereof  as  said 
commission  deem  reasonable  and  proper,  in  order  that  all  per- 
sons interested  may  have  an  opportunity  to  appear  and  object 
thereto.  At  such  hearing  any  person  interested  may  appear  in 
3094  person  or  by  counsel.  The  railroad  commission,  after  hearing 
the  petition,  shall,  if  they  approve  such  location,  subject  to  the 
provisions  of  section  12,  then  determine  whether  a  public  con- 
venience requires  the  construction  of  such  road  and  make  a 
certificate  of  such  determination  in  writing  which  certificate 
shall  be  filled  with  their  clerk  within  30  days  after  such  hear- 
ing. *  *  *  If  the  commission  approve  such  location  and  find 
that  public  convenience  requires  the  construction  of  such  road, 
the  corporation  may  proceed  with  the  construction  of  such 
road,  provided  that  it  first  files  with  the  clerk  of  county  com- 

802 


missioners  for  the  county  in  which  said  street  raikoad  is  to  be 
located,  a  copy  of  the  location  and  plan  aforesaid  and  another 
copy  of  the  same  with  the  commission.  Any  extension  of  or 
addition  to  or  variation  from  the  location  of  any  street  rail- 
road organized  under  the  provisions  hereof,  may  be  made  in 
accordance  with  and  subject  to  the  foregoing  provisions.  .  .  . 
Rev.  Siats.  1903,  ch.  jj,  sec.  7. 

MARYLAND  No  common  carrier,  railroad  or  street  railroad 

corporation,  shall  begin  the  construction  of  a  railroad  or  street 
railroad  or  any  extension  thereof,  or  exercise  any  franchise  or 
right  under  any  provision  of  the  railroad  law,  or  of  any  other 

3095  law,  not  heretofore  lawfully  exercised  without  having  first  ob- 
tained the  permission  and  approval  of  commission.  Commis- 
sion shall  have  power  to  grant  the  permission  and  approval  when- 
ever it  shall,  after  due  hearing,  determine  that  such  construction 
or  such  exercise  of  a  franchise  or  privilege  is  necessary  or  con- 
venient for  the  public  service.     Laws  igio,  ch.  180,  sec.  26. 

No  gas  or  electrical  corporation  shall  begin  construction  or 
exercise  any  right  or  privilege  imder  any  franchise  hereafter 
granted  without  first  having  obtained  the  permission  and  ap- 
proval of  commission.     No  mimicipality  except  the  mayor  and 

3096  city  coimcil  of  Baltimore  shall  build,  maintain  and  operate  for 
other  than  municipal  purposes  any  works  or  systems  for  the 
manufacture  and  supplying  of  gas  or  electricity  for  lighting  pur- 
poses without  a  certificate  of  authority  granted  by  the  com- 
mission.    Same^  sec.  jj, 

MASSACHUSETTS  In  a  city  or  town  in  which  a  gas  company  ex- 
ists in  active  operation,  or  in  which  a  person  owns  or  operates 
works  for  the  manufactiu-e  and  sale  of  gas  for  Hght  or  heat,  no 
other  gas  company,  nor  any  other  persons,  shall  dig  up  and  open 

3097  the  streets,  lanes  and  highways  of  such  city  or  town,  for  the  pur- 
pose of  laying  gas  pipes  therein,  without  the  consent  of  the  mayor 
and  aldermen,  or  selectmen,  granted  after  notice  by  publication 
or  otherwise  to  all  parties  interested  and  a  public  hearing  before 
them.     Rev.  Laws  igo2,  ch.  121,  sec.  25. 

In  a  city  or  town  in  which  a  company,  corporation  or  person 
is  engaged  in  the  manufacture  or  sale  of  electric  light  no  other 
person,  firm  or  corporation  shall  lay,  erect,  maintain  or  use,  over 
or  imder  the  streets,  lanes  and  highways  of  such  city  or  town, 

3098  any  wires  for  the  transmission  of  electricity  for  light,  heat  or 
power  except  wires  used  for  heat  or  power  by  street  railway 

803 


companies,  without  the  consent  of  the  mayor  and  aldermen  of 
such  city  or  selectmen  of  such  town  granted  after  notice  to  all 
parties  interested  and  a  public  hearing.     Same,  sec.  26. 

Any  corporation,  company  or  person  aggrieved  by  the  de- 
cision of  the  mayor  and  aldermen  of  a  city  or  selectmen  of  a 
town,  under  the  provisions  of  the  two  preceding  sections,  may, 

3099  within  30  days  from  the  notice  of  said  decision,  appeal  therefrom 
to  the  gas  and  electric  light  commission,  and  said  commission 
shall  thereupon  give  due  notice  and  hear  all  parties  interested, 
and  its  decision  thereon  shall  be  final.     Same,  sec.  27. 

In  consenting  to  the  laying,  erectiag,  maiataining  or 
using  by  a  company  incorporated  or  authorized  to  distribute 
and  sell  electricity  exclusively  for  power,  of  any  wires  for  the 
transmission  of  electricity  over  or  under  streets,  lanes  and 
highways  as  provided  in  section  26  of  chapter  121  of  the  revised 
laws,  the  mayor  and  aldermen  of  a  city  or  the  selectmen  of  a  town 

3100  may,  in  addition  to  the  provisions  of  law  governing  such  com- 
panies, impose  such  other  terms,  limitations  and  restrictions  as 
the  public  interest  may,  in  their  judgment,  require,  and  upon  an 
appeal  therefrom,  pursuant  to  section  2  7  of  said  chapter,  the  gas 
and  electric  light  commission  may,  in  addition  to  its  present  au- 
thority under  said  section,  affirm,  amend,  alter  or  add  to  the 
terms,  limitations  and  restrictions  so  imposed  as  the  public 
interest:  may  in  its  judgment  require.     Acts  igo8,  ch.  6iy,  sec.  i. 

After  compliance  with  the  provisions  ^  of  sections  13  to  16, 
inclusive,  and  within  30  days  after  the  first  publication  of  notice 
of  the  agreement  of  association  therein  required,  the  directors 
therein  named  shall  apply  to  the  railroad  commission  for  a 

8101  certificate  that  public  convenience  and  necessity  require  the 
construction  of  a  railroad  as  proposed  in  such  agreement.  If 
said  commission  refuses  to  issue  such  certificate,  no  further 
proceedings  shall  be  had,  but  the  application  may  be  renewed 
after  one  year  from  the  date  of  such  refusal.  Acts  igo6,  ch. 
46 J,  pt.  a,  sec.  18. 

If  they  (the  directors  of  the  proposed  railroad  corporation 
and  the  aldermen  of  a  city  or  the  selectmen  of  a  town)  fail  so 
to  agree  (as  to  the  route  through  any  city  or  town),  the  direc- 
tors may  petition  the  railroad  commission  to  fix  the  route  in 
said  city  or  town;    and  said  commission,  after  notice  to  said 

sios  board  of  aldermen  or  selectmen,  shall  hear  the  parties,  and  fix 
the  route  in  such  city  or  town  and  make  a  certificate  setting 

1  Sections  i3lto  i6  provide  for  the  formation  by  general  law  of  railroad  corporations, 

804 


forth  the  route  as  fixed  by  it,  which  shall  be  certified  by  its  clerk 
to  the  directors.  The  costs  of  the  petition  shall  be  paid  by  the 
directors.  All  variations  from  the  route  first  proposed  shall  be 
made  upon  the  map.    Same,  sec.  21. 

When  it  is  shown  to  the  satisfaction  of  the  railroad  commis- 
sion that  the  requirements  of  this  chapter  preliminary  to  the 
incorporation  of  a  railroad  corporation  have  been  complied  with, 
and  that  an  amount  sufficient  in  its  judgment  to  pay  all  dam- 
ages immediate  or  consequential  which  may  be  occasioned  by 
laying  out,  making  and  maintaining  the  railroad,  or  by  taking 
any  land  or  materials  therefor,  has  in  good  faith  been  paid  in 
cash  to  the  treasurer,  and  when  said  commission  is  satisfied  by 
a  bond,  or  such  other  assurance  of  good  faith  as  it  may  consider 
necessary  and  require,  that  said  amount  will  remain  in  the 
sios  hands  of  said  treasurer  until  it  is  drawn  out  for  the  lawful  ex- 
penditures of  the  corporation,  the  clerk  of  said  commission, 
upon  its  order,  shall  annex  to  the  agreement  of  association  a 
certificate  stating  that  such  requirements  have  been  complied 
with.  The  directors  shall  thereupon  file  the  agreement  of  asso- 
ciation, with  all  the  certificates  annexed  thereto,  in  the  office  of 
the  secretary  of  the  commonwealth;  who,  upon  the  payment  to 
him  of  a  fee  of  $50,  shall  receive  and  preserve  the  same  in  form 
convenient  for  reference  and  open  to  public  inspection,  and  shall 
thereupon  issue  a  certificate  of  incorporation  substantially  in 
the  following  form.  .  .  .     Same,  sec.  24. 

A  railroad  corporation  shall  not  locate  or  begin  to  construct 
its  railroad  or  a  branch  or  extension  thereof,  or  enter  upon  and 
use  land  or  other  property,  except  for  making  surveys,  until  a 
sworn  estimate  of  the  total  cost  of  constructing  the  same,  pre- 
pared by  its  chief  engineer,  has  been  submitted  to  the  railroad 
commission  and  approved  by  it;  nor  until  said  commission  is 
satisfied  that  an  amount  of  the  capital  stock  of  the  corporation 
equal  to  at  least  50  per  cent,  of  such  estimated  cost  has  been 
actually  subscribed  by  responsible  parties  without  any  condi- 
tion which  invalidates  the  subscription,  and  that  20  per  cent, 
of  the  par  value  of  each  share  has  been  actually  paid  in;  and 
that  the  authority  and  consent  required  by  section  82  have 
been  obtained;  nor  until  the  clerk  of  said  commission,  upon  its 
3104  order,  has  filed  a  certificate  with  the  secretary  of  the  common- 
wealth that  the  provisions  of  this  section  have  been  complied 
with;  nor  until  the  corporation  has  paid  to  the  secretary  a  fee 
of  $50  for  filing  such  certificate.     The  supreme  judicial  court 

805 


shall  have  jurisdiction  in  equity,  if  said  commission  certifies  a 
location  before  ascertaining  that  the  authority  and  consent  ^ 
required  by  section  82  have  been  obtained.  The  certificate  of 
a  master  in  chancery  or  a  justice  of  a  court  of  record  for  the 
county  in  which  a  subscriber  resides  that  he  owns  property  in 
his  own  name  equal  in  value,  above  all  encumbrances,  to  the 
amount  of  his  subscription  shall  be  conclusive  evidence  of  his 
responsibility.  If  said  commission  refuses  its  approval  to  an 
estimate  or  a  subscription  list  so  submitted,  it  shall  in  writing 
state  its  reasons  therefor  in  detail  at  the  time  and  shall  include 
them  in  its  next  annual  report.    Same,  sec.  71. 

The  board  of  aldermen  of  a  city  or  the  selectmen  of  a  town 
are  authorized  on  petition  to  grant  original  locations  of  tracks 
for  street  railways  when  in  their  opinion  public  necessity  and 
convenience  so  require,  and  they  may  '^  prescribe  how  the  tracks 
shall  be  laid  and  the  kind  of  rails,  poles,  wires  and  other  appli- 
ances which  shall  be  used,  and,  in  addition,  to  the  general  pro- 
visions of  law  governing  such  companies,  and  in  respect  of 
3i05  matters  not  treated  of  in  such  provisions,  impose  such  other 
terms,  conditions  and  obligations,  incidental  to  and  not  incon- 
sistent with  the  objects  of  a  street  railway  company,  as  the  public 
interests  may  in  their  judgment  require;  but  no  such  location 
shall  be  valid  until  the  railroad  commission,  after  public  notice 
and  a  hearing,  shall  certify  that  such  location  is  consistent  with 
the  public  interests."  Acts  igo6,  ch.  463,  pt.  Hi,  sec.  7,  as  amended 
by  Acts  igog,  ch.  41'/,  sec.  i. 

If  railroad  commission  requires  an  alteration  in  such  loca- 
tion before  certifying  that  the  same  is  consistent  with  the  public 
interests,  said  commission  shall  notify  the  board  of  aldermen  or 
selectmen  granting  such  location  of  such  alteration;  and  there- 
after said  board  of  aldermen  or  selectmen  may  amend  vSuch 
3106  location  in  accordance  with  such  alteration;  .  .  .  and  there- 
after the  railroad  commission  may,  as  a  part  of  the  original 
proceedings  before  it,  certify  that  such  location  so  amended  is 
consistent  with  the  public  interests.  *  *  *  A  location  granted 
by  a  board  of  aldermen  or  selectmen,  but  refused  certification 
hereunder  by  the  railroad  commission,  or  not  accepted  as  here- 
inbefore provided,  shall  be  void.    Same. 

When  it  is  shown  to  the  satisfaction  of  the  railroad  commis- 
sion that  the  requirements  of  this  act  preliminary  to  incorpora- 
tion of  a  (street  railway)  company  have  been  complied  with, 

1  Section  82  requires  the  consent  of  county  commissioners  to  the  manner  in  which 
highways  are  to  be  crossed. 

806 


3107  and  that  Icx^ations  have  been  obtained  for  a  railroad  between 
the  termini  and  substantially  over  the  route  set  forth  in  the 
agreement  of  association,  the  clerk  of  said  commission,  upon  its 
order,  shall  annex  to  the  agreement  of  association  a  certificate 
stating  such  fact.  .  .  .     Same,  sec.  g. 

A  street  railway  constructed  upon  private  land  shall  not 
be  opened  for  public  use  until  the  railroad  commission,  after  an 
examination,  certifies  that  all  laws  relative  to  its  construction 
and  all  requirements  of  said  commission  have  been  complied 
with,  and  that  it  appears  to  be  in  a  safe  condition  for  opera- 

3108  tion.  Said  company  may,  at  any  time  after  the  opening  of  a 
street  railway  for  public  use,  order  such  changes  and  improve- 
ments to  be  made  in  the  construction  and  operation  of  any  part 
thereof  upon  private  land  as  in  its  judgment  may  be  necessary 
for  public  safety  in  the  use  thereof;  and  such  order  shall  be 
complied  with  by  the  street  railway  company.    Same,  sec.  44. 

Provision  is  also  made  to  the  effect  that  if  a  street  railway 
company  desires  to  use  private  land  and  if  on  application  it 
obtains  the  approval  of  the  board  of  aldermen  of  a  city  or  of 
the  selectmen  of  a  town  in  which  it  desires  to  take  such  land, 
it  may  apply  to  the  railroad  commission  for  approval  of  the  ad- 
judication of  the  board  of  aldermen  or  of  the  selectmen  as  to 
the  necessity  and  reasons  for  taking  land  or  rights  in  land  in 

3109  every  city  or  town  in  which  such  adjudication  has  been  made. 
If  the  railroad  commission  after  public  notice  and  a  hearing  at 
which  all  persons  or  corporations  alleging  that  they  would  be 
injured  by  the  construction  of  the  railway  shall  be  deemed  to 
be  interested  parties  and  entitled  to  be  heard,  grant  the  certifi" 
cate  as  prayed  for,  the  petitioner  may  take  in  any  city  or  town 
in  the  manner  provided  in  the  following  section,  any  land  or 
rights  in  land,  the  taking  of  which  has  so  been  approved  by 
such  commission.    Same,  sec.  46. 

The  board  of  aldermen  of  a  city  or  the  selectmen  of  a  town, 
after  the  expiration  of  one  year  from  the  opening  for  use  of  a 
street  railway  in  their  city  or  town,  and  after  public  notice  and 
a  hearing  as  provided  in  section  seven,  if  the  public  necessity 
and  convenience  in  the  use  of  the  streets  so  require,  may,  for 

3110  good  and  sufficient  reasons  to  be  stated  in  the  order  therefor, 
revoke  the  location  of  a  street  railway  in  any  highway  or  street  in 
said  city  or  town;  but  unless,  within  30  days  after  such  order 
of  revocation,  the  company  consents  thereto  in  writing,  such 

807 


order  shall  not  be  valid  until  approved  by  the  railroad  commis- 
sion after  public  notice  and  a  hearing.    Same,  sec.  66. 

After  compliance  with  the  provisions  of  section  one  and  of 
the  two  preceding  sections  (relating  to  agreements  of  associa- 
tion), and  within  30  days  after  the  first  publication  of  notice 
of  the  agreement  of  association  therein  required,  the  directors 
(of  an  electric  railroad  company)  therein  named  shall  apply  to 
the  railroad  commission  for  a  certificate  that  public  convenience 
and  necessity  require  the  construction  of  a  railroad  as  proposed 
in  such  agreement.  With  such  application  said  directors  shall 
file  a  map  of  the  railroad  showing  the  cities  and  towns  through 
which  it  will  pass,  the  principal  highways,  railways,  railroads, 
navigable  streams  and  tide  waters  to  be  crossed,  and  the  extent 

sill  to  which  the  route  of  the  railroad  will  be  fixed  upon  private 
land  or  will  be  located  longitudinally  upon  public  ways  and 
places.  They  shall  also  file  a  general  profile  of  the  railroad 
showing  the  grades,  and  shall  submit  an  estimate  showing  in 
reasonable  detail  the  cost  of  construction.  The  directors  shall 
also  furnish  such  additional  maps  and  information  as  said  com- 
mission may  require.  Prior  to  the  decision  of  said  commission 
the  directors  may  change  or  modify  the  route  in  any  city  or 
town  in  whole  or  in  part  either  at  the  suggestion  of  said  com- 
mission or  otherwise.  If  said  commission  refuses  to  issue  such 
certificate,  no  further  proceedings  shall  be  had,  but  the  appli- 
cation may  be  renewed  after  one  year  from  the  date  of  such 
refusal.     Acts  igo6,  ch.  516,  sec.  5. 

It  is  further  provided  that  the  railroad  commission  with 
the  approval  of  the  board  of  aldermen  of  a  city  or  the  select- 

3112  men  of  a  town  may  fix  the  right  of  way  of  an  electric  railroad 
company.  Same,  sec.  7,  as  amended  by  Acts  igoy,  ch.  428,  sec.  2, 
and  Acts  igo8,  ch.  450. 

An  electric  railroad  company  ^  shall  act  as  a  common  car- 
rier of  baggage,  express  matter  and  freight  in  such  cases,  upon 
such  parts  of  its  railroad,  and  to  such  extent,  in  any  city  or 
town  as,  after  public  notice  and  a  hearing  .  .  .  the  board  of 
aldermen  or  the  selectmen  or  those  exercising  the  powers  of 
such  board  or  of  selectmen,  in  such  city  or  town  shall  by  order 

8118  approve;  provided,  however,  that  a  company  shall  actually 
engage  in  the  business  of  a  common  carrier  under  authority  of 

'  Authority  for  street  railway  companies  to  become  common  carriers  of  newspapers, 
baggage,  express  matters  and  freight  suDJect  to  the  approval  of  the  railroad  commission  is 
conferred  by  acts  1907,  ch.  402,  sec.  i.  Such  authority  may  be  revoked  or  terminated  at 
any  time  in  any  city  or  town  or  upon  any  part  of  the  street  railway  by  the  board  of  alder- 
men or  .selectmen  with  the  approval  of  the  railroad  commission. 

808 


this  act  only  in  such  of  the  cases  upon  such  of  the  parts  of  its 
raihoad  and  to  so  much  of  the  extent,  approved  as  aforesaid, 
as  the  railroad  commission  shall  certify,  after  public  notice  and 
a  hearing that  public  necessity  and  convenience  re- 
quire;  .  .  .     Same,  sec.  lo. 

MICHIGAN  Any  person,  copartnership  or  corporation  de- 

siring to  obtain  a  franchise  to  construct  a  telephone  system  in  any 
mimicipality,  shall  apply  to  said  railroad  commission  for  a  cer- 
tificate of  public  convenience  and  necessity,  and  said  commission 
may  grant  or  withhold  said  certificate  after  a  public  hearing  and 

siu  investigation  upon  the  merits  of  the  application  in  the  manner 
provided  herein  for  the  holding  of  public  hearings  and  investi- 
gation on  complaint,  and  no  such  person,  copartnership  or  cor- 
poration shall  be  granted  a  franchise  in  any  municipality  in  the 
state  of  Michigan  to  construct  a  telephone  system  until  they 
have  received  a  certificate  of  public  convenience  and  necessity 
herein  provided  for.     Puh.  Acts  igii,  no.  138,  sec.  7. 

NEW  HAMPSHIRE  Without  having  first  obtained  permission  of 
commission  no  railroad  corporation  shall  begin  the  construction 
of  an  extension  of  its  railroad  or  of  any  branch  thereof,  and  the 
commission  shall  grant  such  permission,  whenever,  after  due 
hearing,  it  shall  determine  that  such  construction  or  extension 

S115  would  be  for  the  public  good  and  not  otherwise.  If  the  petition 
shall  be  granted,  the  railroad  corporation  shall  file  in  the  office  of 
secretary  of  state  a  copy  of  the  petition  and  of  the  order  of  com- 
mission thereon.  Authority  granted  imder  the  provisions  of  this 
section  may  only  be  exercised  within  two  years  after  the  same  is 
granted,  and  shall  not  be  exercised  thereafter.  Laws  igii,  ch. 
164,  sec.  12(a). 

No  public  utility  shall  commence  the  business  of  trans- 
mission of  telephone  or  telegraph  messages  or  of  supplying  the 
public  with  gas,  electricity  or  water,  or  shall  engage  in  such  busi- 
ness or  begin  the  construction  of  a  plant,  line,  main  or  other 
apparatus  or  appliance  intended  to  be  used  therein  in  any  city 
or  town  in  which  at  the  time  it  shall  not  already  be  engaged  in 
such  business,  or  shall  exercise  any  right  or  privilege  imder  any 
franchise  hereafter  granted  in  such  town,  without  first  having 
obtained  the  permission  and  approval  of  commission.  Com- 
3116  mission  shall  grant  such  permission  whenever  it  shall,  after  due 
hearing,  determine  and  find  that  such  engaging  in  business,  such 
construction  or  such  exercise  of  the  right,  privilege  or  franchise 

809 


wotdd  be  for  the  public  good  and  not  otherwise;  and  may  pre- 
scribe such  terms  and  conditions  upon  the  exercise  of  the  priv- 
ilege granted  under  such  permission  as  it  shall  consider  for  the 
public  interest.  Authority  granted  tmder  the  provisions  of  this 
section  may  only  be  exercised  within  two  years  after  the  same 
shall  be  granted  and  shall  not  be  exercised  thereafter.  Same, 
sec.  ijia). 

NEW  YORK  Without  first  having  obtained  the  permission 

and  approval  of  the  proper  commission  no  railroad  corporation, 
street  railroad  corporation  or  common  carrier  shall  begin  the 
construction  of  a  railroad  or  street  railroad,  or  any  extension 
thereof,  for  which  prior  to  the  time  when  this  act  becomes  a  law 
a  certificate  of  public  convenience  and  necessity  shall  not  have 
been  granted  by  commission  or  where  prior  to  said  time  said  cor- 
poration or  common  carrier  shall  not  have  become  entitled  by 
virtue  of  its  compliance  with  the  provisions  of  the  railroad  law 
to  begin  such  construction;  nor  except  as  above  provided  in  this 
section  shall  any  such  corporation  or  common  carrier  exercise 

3117  any  franchise  or  right  imder  any  provision  of  the  railroad  law, 
or  of  any  other  law,  not  heretofore  lawfully  exercised,  without 
first  having  obtained  the  permission  and  approval  of  the  proper 
commission.  Commission  within  whose  district  such  construc- 
tion is  to  be  made  or  within  whose  district  such  franchise  or  right 
is  to  be  exercised,  shall  have  power  to  grant  the  permission  and 
approval  herein  specified  whenever  it  shall,  after  due  hearing, 
determine  that  such  construction  or  such  exercise  of  the  fran- 
chise or  privilege  is  necessary  or  convenient  for  the  public  serv- 
ice. And  if  such  construction  is  to  be  made  or  such  franchise 
to  be  exercised  in  both  districts,  the  approval  of  both  com- 
missions shall  be  secured.     Laws  igio,  ch.  480,  sec.  jj. 

Held,  that  if  the  commission  found  that  public  necessity  and  con- 
venience required  the  construction  of  a  proposed  railroad,  it  had  no 
authority  to  deny  a  certificate  upon  the  ground  that  the  franchise  con- 
tract with  a  municipality  was  not  a  wise  one.  People  ex.  rel.  South  Shore 
Traction  Co.  vs.  Willcox  et  al.,  ig6  N.  Y.  212. 

No  gas  or  electrical  corporation  shall  begin  construction  of 

a  gas  or  electric  plant  without  having  first  obtained  the  permis- 

8118  sion  and  approval  of  commission  of  each  district  within  which 

any  part  of  the  work  of  construction  is  to  be  performed.     Same, 

sec.  68. 

No  such  corporation  shall  exercise  any  right  or  privilege 
3119  under  any  franchise  hereafter  granted  without  first  having  ob 

810 


tained  the  permission  and  approval  of  the  proper  commission. 
Same. 

Commission  within  whose  district  such  construction  is  to 
be  made,  or  within  whose  district  such  right,  privilege  or  fran- 
chise is  to  be  exercised  shall  have  power  to  grant  the  permission 
siso  and  approval  herein  specified  whenever  it  shall,  after  due  hear- 
ing, determine  that  such  construction  or  such  exercise  of  the 
right,  privilege  or  franchise  is  necessary  or  convenient  for  the 
public  service.     Same. 

No  mimicipality  shall  build,  maintain  and  operate  for  other 
than  municipal  purposes  any  works  or  systems  for  the  manu- 

3121  factiH-e  and  supplying  of  gas  or  electricity  for  lighting  purposes 
without  a  certificate  of  authority  granted  by  the  commission. 
Same. 

No  telegraph  or  telephone  corporation  hereafter  formed  shall 
begin  construction  of  its  telephone  or  telegraph  lines  without 

3122  first  having  obtained  the  permission  and  approval  of  com- 
mission and  its  certificate  of  public  convenience  and  necessity, 
after  a  hearing  had  upon  such  notice  as  commission  may  pre- 
scribe.    Same,  sec.  pp(i). 

No  railroad  corporation  formed  after  May  i8,  1892,  under 
the  laws  of  this  state  shall  exercise  the  powers  conferred  by  law 
upon  such  corporations  or  begin  the  construction  of  its  road 
until  the  directors  shall  cause  a  copy  of  the  certificate  of  incor- 
poration to  be  published  in  one  or  more  newspapers  in  each 
county  in  which  the  road  is  proposed  to  be  located,  at  least  once 
a  week  for  three  successive  weeks,  and  shall  file  satisfactory 
proof  thereof  with  the  public  service  commission;  nor  until  the 
commission  shall  certify  that  the  foregoing  conditions  have  been 
complied  with,  and  also  that  public  convenience  and  a  necessity 
require  the  construction  of  said  railroad  as  proposed  in  said  cer- 
tificate of  incorporation.  The  foregoing  certificate  shall  be  ap- 
plied for  within  six  months  after  the  completion  of  the  three 
weeks'  publication  hereinbefore  provided  for.  If  a  certificate  is 
refused  no  fiuther  proceedings  shall  be  had  before  said  com- 
mission, but  the  application  may  be  renewed  after  one  year 
from  the  date  of  such  refusal.  Prior  to  granting  or  refusing  said 
certificate  the  commission  shall  have  a  right  to  permit  errors, 
omissions  or  defects  to  be  supplied  and  corrected.  After  a  re- 
fusal to  grant  such  certificate  the  commission  shall  certify  a 

3123  copy  of  all  maps  and  papers  on  file  in  its  office  and  of  the  findings 
of  the  commission  when  so  requested  by  the  directors  aforesaid. 

811 


Such  directors  may  thereupon  present  the  same  to  the  appellate 
division  of  the  supreme  court  of  the  department  within  which 
said  road  is  proposed  in  whole  or  in  part  to  be  constructed,  and 
said  appellate  division  shall  have  power,  in  its  discretion,  to 
order  said  commission,  for  reasons  stated,  to  issue  said  certificate 
and  it  shall  be  issued  accordingly.  Such  certificate  shall  be 
filed  in  the  office  of  the  secretary  of  state,  and  a  copy  thereof, 
certified  to  be  a  copy  by  the  secretary  of  state,  or  his  deputy, 
shall  be  evidence  of  the  fact  therein  stated.  Nothing  in  this 
section  shall  prevent  any  such  railroad  corporation  from  causing 
such  examinations  and  surveys  for  its  proposed  railroad  to  be 
made  as  may  be  necessary  to  the  selection  of  the  most  advan- 
tageous route;  and  for  such  piupose  by  its  officers  or  agents  and 
servants,  entering  upon  the  lands  or  water  of  any  person,  but 
subject  to  the  responsibility  for  all  damages  which  shall  be  done 
thereto.  The  certificate  provided  for  in  this  section  shall  not 
dispense  with  the  permission  and  approval  provided  for  in  sec- 
tion 53  of  the  public  service  commissions  law.  Laws  igio, 
ch.  481,  sec.  g. 

Whenever  application  is  made  by  a  street  surface  railroad 
company  for  a  certificate  of  public  convenience  and  a  necessity 
as  required  by  the  provisions  of  section  9,  and  it  shall  appear 
to  the  public  service  commission,  after  examination  of  the  pro- 
posed route  of  the  applicant  company  that  public  convenience 
and  a  necessity  do  not  require  the  construction  of  said  railroad 
as  proposed  in  its  certificate  of  incorporation  but  do  require  the 
construction  of  a  part  of  the  said  railroad,  the  commission  may 
issue  its  certificate  for  the  construction  of  such  part  of  the  said 
railroad  as  seems  to  it  to  be  required  by  public  convenience  and 
a  necessity.  In  case  any  railroad  company  which  shall  here- 
after obtain  the  certificate  of  the  commission  that  public  con- 
venience and  a  necessity  require  the  construction  of  the  whole  or 
a  part  of  the  said  railroad  shall  fail  to  begin  such  construction 
within  two  years  from  the  date  of  the  issuing  of  said  certificate, 
the  commission  may  inquire  into  the  reason  for  such  failure  and 
8124  the  said  commission  may  revoke  said  certificate  if  it  shall  appear 
to  it  to  be  in  the  public  interest  so  to  do.  Any  street  siurface 
railroad  company  which  proposes  to  extend  its  road  beyond  the 
limits  of  any  city  or  incorporated  village  by  a  route  which  will 
be  practically  parallel  with  a  street  surface  railroad  already 
constructed  and  in  operation  shall  first  obtain  the  certificate  of 
the  commission  that  public  convenience  and  a  necessity  require 

813 


the  construction  of  such  extension  as  provided  in  the  case  of  a 
railroad  corporation  newly  formed.  Before  making  application 
for  such  certificate  the  corporation  shall  cause  to  be  advertised 
the  route  of  the  proposed  extension  in  one  or  more  newspapers  in 
each  coimty  in  which  such  extension  is  to  be  constructed,  at 
least  once  a  week  for  three  successive  weeks,  and  shall  file  satis- 
factory proof  of  such  publication  with  the  commission.  Nothing 
in  this  section  shall  prevent  street  railroad  companies  from  mak- 
ing extensions  within  the  limits  of  cities  or  incorporated  villages 
upon  compliance  with  the  provisions  of  law  now  applicable 
thereto.     Same,  sec.  lo. 

Whenever  it  shall  be  made  to  appear  to  the  public  service 
commission  that  any  steam  railroad  corporation,  which  has  ob- 
tained from  it  or  from  the  board  of  railroad  commissioners  a 
certificate  under  section  9  of  this  chapter  since  1894,  and 
whose  road  is  less  than  ten  miles  in  length,  and  was  to  be  built 

3125  in  the  counties  of  Saratoga  and  Washington,  shall  not  have 
completed  its  construction  and  put  it  in  operation  within  three 
years  after  obtaining  such  certificate,  the  said  commission,  on 
notice  to  such  corporation,  shall  have  the  power  to  revoke  the 
said  certificate  and  consent  and  thereupon  the  corporate  ex- 
istence and  power  of  such  railroad  corporation  shall  cease  and 
determine.     Same,  sec.  11. 

OHIO  No  telephone  company  shall  exercise  any  per- 

mit, right,  license  or  franchise  that  may  hereafter  be  granted  to 
own  or  operate  a  plant  for  the  furnishing  of  any  telephone  serv- 
ice thereunder  in  any  municipality  or  locality  where  there  is  in 

3126  operation  a  telephone  company  furnishing  adequate  service 
unless  such  telephone  company  first  secures  from  commission  a 
certificate  after  public  hearing  of  all  parties  interested  that  the 
exercise  of  such  license,  permit,  right  or  franchise  is  proper 
and  necessary  for  the  public  convenience.  Laws  igii,  no.  j2^, 
sec.  54. 

SOUTH  DAKOTA  No  railroad  hereafter  constructed  in  this  state 
shall  parallel  any  other  line  of  railroad,  already  constructed, 
within  eight  miles  of  the  same,  for  a  greater  distance,  in  every 

3127  100  miles  which  it  may  build,  than  ten  miles,  exclusive  of  its 
trackage  in  any  corporate  city  or  town,  without  first  having,  on 
notice  to  such  competing  road,  obtained  from  the  commission 
permission  so  to  do.     Sess.  Laws  igoy,  ch.  21^,  sec.  i. 

Any  railroad  company  desiring  to  construct  a  line  of  rail- 
road in  this  state,  and  having  otherwise  complied  with  all  laws  in 

813 


force  relevant  thereto,  may  file  with  the  commission  a  plat  of 
such  road  proposed  to  be  constructed,  stating  the  principal 
points  through  which  it  is  desired  to  construct  such  road,  and 

3128  thereupon  the  commission  may,  if  satisfied  that  such  road  is  de- 
sirable, and  that  there  is  probability  of  the  same  being  con- 
structed, grant  a  permit  to  such  company  to  construct  such 
road;  and  thereupon  all  the  provisions  of  section  i  of  this  act 
shall  apply  to  any  other  railroad  which  may  seek  to  build  into  the 
same  territory.     Same,  sec.  2. 

Every  telephone  company  must,  before  commencing  to 
charge,  collect  or  receive  any  rate  or  charge  for  the  transmission  of 
any  messages  or  for  any  service  in  connection  therewith,  or  for  the 
rent  of  any  line  or  instrument,  or  facility  of  any  kind,  file  with  the 
commission,  a  full,  true  and  correct  schedule  or  tariff  showing 
every  such  rate  or  charge  and  a  correct,  examined  copy  verified 
by  such  telephone  company,  its  officers  or  authorized  agents,  of 
every  franchise  and  license  granted  to  such  company  by  any 
municipality  in  this  state  or  assigned  to  it  by  any  grantee  thereof 
and  still  remaining  in  force,  as  well  as  a  true,  full  and  correct  copy 

8129  of  any  contract  or  agreement  entered  into  by  said  company  with 
any  mtmicipality,  telephone  company  or  companies,  within  20 
days  after  the  granting  or  assignment  of  such  franchise  or  license, 
or  making  of  such  contract  or  agreement.  Such  copies  shall  be 
duly  certified  as  full,  true  and  correct  by  the  president,  secretary 
or  managing  agent  of  such  company.  Provided,  that  all  filings 
heretofore  made  with  the  board  of  telephone  commissioners,  as 
required  by  chapter  239  of  Session  Laws  of  1907,  shall  in  so  far  as 
they  meet  the  requirements  of  this  act,  be  deemed  as  filed  with 
the  commission  at  the  time  of  taking  effect  of  this  act.  Sess. 
Laws  iQop,  ch.  28g,  sec.  4,  as  amended  by  Sess.  Laws  1911,  ch. 
218,  sec.  2. 

VERMONT  The  state  may,  at  any  time  during  the  con- 

tinuance of  the  charter  of  a  railroad  corporation,  after  the  ex- 
piration of  20  years  from  the  opening  of  its  railroad  for  use,  pur- 
chase of  the  corporation  the  railroad,  and  the  franchise,  property, 

8180  rights  and  privileges  of  the  corporation,  by  paying  it  therefor 
such  sum  as  will  reimburse  the  amount  of  capital  paid  in,  with  a 
net  profit  thereon  of  ten  per  cent,  per  annum  from  the  time  of  the 
payment  thereof  by  the  stockholders  to  the  time  of  such  purchase. 
Fuh.  Stats.  igo6,  sec.  4328. 

Before  the  articles  of  association  are  thus  filed,  the  persons 
who  have  subscribed  them  shall  petition  the  public  service  com- 

814 


mission  to  hold  a  public  hearing  in  the  county  where  the  pro- 
posed corporation  is  to  have  its  principal  office,  to  determine 
whether  the  construction  of  the  proposed  railroad  will  promote  the 
general  good  of  the  state,  and  also  whether  they  have  complied 
with  the  provisions  of  the  statute  for  the  formation  of  a  railroad 
corporation  by  voliintary  association.  Said  commission  shall 
thereupon  appoint  a  time  and  place  in  such  coimty  for  hearing 
the  petition,  and  make  an  order  for  the  publication  of  the  sub- 
stance of  the  petition  and  of  the  time  and  place  of  the  hearing 
3131  three  weeks  consecutively  in  a  newspaper  published  in  the 
coimty,  or,  for  want  thereof,  in  an  adjoining  county,  the  last  pub- 
lication to  be  at  least  12  days  before  the  day  appointed  for  the 
hearing.  The  state's  attorney  of  the  county  shall  represent 
the  state  at  the  hearing.  If,  after  the  hearing,  said  commission 
finds  and  adjudges  that  the  construction  of  the  proposed  railroad 
will  be  promotive  of  the  general  good  of  the  state,  and  that  the 
associates  have  complied  with  the  provisions  of  the  statute  for  the 
formation  of  a  railroad  corporation  by  voluntary  association,  it 
shall  give  the  associates  a  certificate,  under  its  hand  and  seal,  to 
that  effect,  which  shall  be  attached  to  and  be  recorded  with  the 
articles  of  association  by  the  secretary  of  state.     Same,  sec,  4338. 


WISCONSIN  No  railroad  corporation  hereafter  organized 

shall  exercise  the  powers  conferred  upon  it  by  the  laws  of  Wiscon- 
sin, nor  begin  the  construction  of  any  proposed  line  of  railroad 
in  this  state,  until  it  shall  have  obtained  from  the  railroad  com- 

3132  mission  of  Wisconsin,  a  certificate  that  public  convenience  and 
necessity  require  the  construction  of  said  railroad  as  proposed  in 
the  articles  of  association  of  said  railroad  company,  and  such 
certificate  shall  constitute  the  license  from  this  state  to  the  com- 
pany to  build  its  said  proposed  railroad.  Laws  igoy,  ch.  4^4, 
sec.  1797-39. 

Application  for  the  foregoing  certificate  shall  be  made  within 

3133  six  months  from  and  after  the  publication  of  the  articles  of  asso- 
ciation of  the  company  applying  in  the  manner  hereinafter  set 
forth.     Same,  sec.  1797-40. 

No  railroad  corporation  shall  make  application  for  such  cer- 
tificate imless  it  shall  have  caused  a  copy  of  its  articles  of  asso- 
ciation to  be  published  in  one  or  more  newspapers  in  each  coimty 

3134  in  which  the  road  is  proposed  to  be  located  at  least  once  in  each 
week  for  two  successive  weeks  and  within  six  months  next  prior 
to  the  time  of  making  such  application,  and  shall  file  satisfactory 

815 


proof  thereof  with  the  said  railroad  commission.     Same,  sec 

1797-41- 

Nothing  in  this  act  shall  prevent  any  railroad  corporation 
from  causing  such  examination  and  surveys  for  its  proposed 

3136  railroad  to  be  made  as  may  be  necessary  in  order  to  select  the 
best  and  most  advantageous  route,  and  for  that  purpose  to  enter 
upon  the  lands  of  any  owner,  but  subject  to  responsibility  for  any 
damage  that  may  be  done  thereto.     Same,  sec.  1797-42. 

Every  application  for  a  certificate  of  convenience  and 
necessity  imder  the  provisions  hereof  shall  be  accompanied  by 
complete  maps  and  profiles  of  the  line  of  the  proposed  road, 
which  maps  and  profiles  shall  be  filed  with  the  application  by 
8136  said  railroad  commission.  Prior  to  the  granting  or  refusing  of 
said  certificate  the  commission  shall  have  the  right  to  permit 
errors,  omissions  or  defects  in  the  application,  maps  and  pro- 
files to  be  supplied  or  corrected,  and  also  to  permit  changes  in  the 
proposed  route  to  be  made  where  the  same  are  deemed  desirable. 
Same,  sec.  1797-43. 

If  any  railroad  company  heretofore  organized  shall  hereafter 
desire  to  extend  its  line  or  lines  of  railroad  in  this  state  or  to  build 
extensions  or  branches  connected  therewith,  or  to  construct  any 
unconstructed  portion  of  its  authorized  line  of  railroad,  or  any 
line  of  railroad  whatever  for  which  the  right-of-way  and  local 
consents  and  franchises  have  not  been  procured,  it  shall,  before 
beginning  construction  thereof,  make  application  to  the  railroad 

3137  commission  for  a  certificate  of  convenience  and  necessity  author- 
izing the  construction  of  such  extension  or  branch  or  lines  in  the 
manner  hereinbefore  provided;  except  that  it  shall  not  be  neces- 
sary to  publish  the  articles  of  association  of  such  railroad  but 
only  to  publish  the  notice  of  hearing  of  such  application  at  least 
once  in  each  week  for  two  successive  weeks  preceding  such  hearing 
in  one  or  more  newspapers  in  each  coimty  in  which  said  exten- 
sion, branch  or  line  is  to  be  built.     Same,  sec.  1797-44. 

Upon  receiving  an  application  imder  the  provisions  of  this 
act,  the  railroad  commission  shall  forthwith  set  a  time  and  place 
for  the  hearing  of  such  application,  which  time  shall  not  be  less 
than  three  weeks  nor  more  than  eight  weeks  from  the  date  of 
filing  such  application,  and  the  place  shall  be  at  the  city  of 
Madison,  or  at  some  place  along  the  line  of  the  proposed  railroad 
3188  if  the  commission  shall  deem  the  latter  more  convenient.  The 
commission  shall  thereupon  give  to  the  applicant  a  notice  of  the 
time  and  place  of  said  hearing,  which  notice  shall  be  published 

816 


by  the  applicant  at  least  once  each  week  for  two  successive  weeks 
preceding  such  hearing  in  one  or  more  newspapers  in  each  county 
in  which  the  road  is  proposed  to  be  located,  and  satisfactory 
proof  of  such  publication  shall  be  filed  by  the  applicant  with 
said  railroad  commission.     Same,  sec.  ijgj-4^. 

At  such  hearing  or  any  adjournment  thereof  the  commis- 
sion shall  carefully  consider  such  application  and  shall  hear 
such  applicant  by  counsel  or  agents  in  support  thereof  and  any 

S1S9  person  or  corporation  in  person  or  by  coimsel  or  agents  in  oppo- 
sition thereto  and  upon  demand  of  the  applicant  or  any  person 
or  corporation  appearing  in  opposition,  take  evidence  and  testi- 
mony orally  or  by  deposition  in  support  of  the  application  or  in 
opposition  thereto.     Same,  sec.  ijgy-46. 

AH  provisions  of  chapter  362  of  the  laws  of  1905,^  or  any 
act  amendatory  thereof,  relating  to  the  subpoenaing  of  witnesses, 
the  production  of  books,  docimients  and  papers,  the  adminis- 
tration of  oaths,  punishment  for  disobedience  of  an  order  of  the 
commission  or  any  commissioner,  or  of  a  subpoena,  or  for  refusal 

S140  of  a  witness  to  be  sworn  or  to  testify,  witness  fees,  the  payment 
thereof,  taking  depositions,  the  keeping  of  a  record  of  the  pro- 
ceedings, the  taking  of  testimony,  transcribing  copies  of  evidence 
and  testimony,  or  relating  to  the  •procedure  before  said  com- 
mission not  inconsistent  with  this  act,  shall  apply  to  all  pro- 
ceedings imder  this  act.     Same,  iygj-4y. 

Upon  the  conclusion  of  the  hearings  of  said  application  as 
above  provided,  said  commission  shall  carefully  consider  all  the 
evidence  submitted,  and  if  the  said  commission,  or  a  majority  of 
them,  shall  find  that  the  proposed  railroad  would  be  a  public 
convenience  and  that  a  necessity  requires  the  construction  of 
said  proposed  railroad,  the  said  railroad  commission  shall  forth- 
with grant  and  issue  to  the  applicant  a  certificate  that  public 
convenience  and  a  necessity  require  the  construction  of  said 
railroad  as  proposed.  Such  certificate  shaU  be  filed  in  the 
office  of  the  secretary  of  state,  and  a  copy  thereof,  certified  to  by 
the  secretary  of  state,  shall  be  evidence  of  the  facts  therein  stated. 
3141  Said  commission  shall  also  approve  the  map  showing  the  proposed 
route  of  said  railroad  and  shaU  file  the  same  in  their  office.  The 
applicant  shall  cause  a  copy  of  such  map  certified  by  the  secretary 
of  said  commission  to  be  a  copy  of  the  original,  with  the  seal  of 
said  commission  affixed,  to  be  filed  in  the  office  of  the  register  of 
deeds  in  each  county  in  which  said  railroad  shall  be  located. 

1  Railroad  commission  law. 

817 


The  filing  of  said  certificate  with  the  secretary  of  state  and  the 
filing  of  a  copy  of  said  map  showing  said  proposed  route  as  above 
provided,  shall  be  a  condition  precedent  to  the  right  of  said  appli- 
cant railroad  to  institute  and  maintain  condemnation  proceedings 
for  the  acquirement  of  land  for  the  right  of  way,  stations  and 
other  necessary  uses  of  said  railroad.     SamCy  sec.  i'jgy-4S. 

If  upon  the  conclusion  of  said  hearing  of  said  application 
said  commissioners  or  a  majority  of  them  shall  find  and  determine 
that  said  proposed  railroad  is  not  a  necessity  or  is  not  required  by 
public  convenience  either  because  already  existing  railroads  or 
other  means  of  transportation  adequately  provide  for  the  neces- 
sities and  requirements  of  the  public,  or  for  any  other  reason, 

3142  then  said  railroad  commission  shall  refuse  to  grant  said  certificate 
and  shall  make  such  refusal  a  matter  of  record  in  the  proceed- 
ings, stating  their  reasons  for  such  refusal,  and  shall  give  the 
applicant  a  copy  of  such  refusal.  If  said  certificate  is  refused  no 
further  proceedings  shall  be  had  before  said  railroad  commission 
in  the  matter,  but  the  application  may  be  renewed  after  two  years 
from  the  date  of  such  refusal.     Same,  sec.  i'/q'/-4q. 

Any  railroad  corporation  or  other  party  in  interest,  having 
appeared  before  said  commission  upon  the  hearing  of  such  appli- 
cation and  being  dissatisfied  with  the  action  of  the  railroad  com- 
mission in  granting  or  refusing  to  grant  such  certificate,  may 
file  written  notice  thereof  with  said  commission,  whereupon  said 
commission  shall  immediately  certify  and  deliver  to  and  file  with 
the  clerk  of  the  circuit  court  of  Dane  county  the  application  and 
all  maps,  profiles,  testimony,  evidence,  depositions  and  all  other 
records,  papers  and  proceedings  on  file  in  its  office  relating  to 
said  application  and  a  copy  of  its  findings  and  decision  thereon, 
which  shall  constitute  a  record  in  said  court  in  said  manner.  The 
party  filing  such  written  notice  of  dissatisfaction  with  the  com- 
mission shall  thereupon  and  upon  such  record  be  entitled  to  an 
order  to  show  cause,  to  be  granted  by  the  presiding  judge  at  any 
time  within  thirty  days  after  the  filing  of  said  record  with  said 
clerk.     Said  order  to  show  cause  shall  be  served  upon  all  per- 

8143  sons  and  corporations  who  have  appeared  before  the  railroad  com- 
mission in  such  matter  in  such  manner  as  shall  be  prescribed  by 
said  presiding  judge.  Upon  the  hearing  of  such  order  to  show 
cause  the  court  shall  examine  said  record,  findings  and  decisions 
and  determine  the  legality  of  the  proceedings  before  said  com- 
mission and  of  the  order  of  said  commission  and  the  grounds 
thereof  and  shall  have  power  to  enter  such  judgment  or  order  as 

8i8 


may  be  proper  and  just.  An  appeal  from  the  order  or  judgment 
of  the  circuit  court  may  be  taken  by  any  party  aggrieved  thereby 
to  the  supreme  court  of  this  state  by  the  service  of  a  notice  of 
such  appeal  upon  all  parties  or  their  attorneys  who  appeared  in 
the  circuit  court  in  such  matter  and  on  the  clerk  of  such  court 
within  thirty  days  from  the  date  of  the  service  upon  such  party  of 
a  copy  of  such  order  or  judgment.  Such  appeal  shall  be  perfected 
and  proceedings  stayed  by  the  service  and  filing  of  an  under- 
taking on  such  appeal  as  is  now  provided  by  law  in  cases  of  appeal 
from  an  order.     Samey  sec.  lygj-^o. 

This  section  gives  no  power  to  the  commission  to  authorize  the 
building  of  a  part  only  of  a  railroad  which  it  has  certified  to  be  required 
by  public  convenience  and  necessity.  Eastern  Ry.  Co.  v.  McCord,  136 
Wis.  24g. 

Whenever  an  application  is  made  by  a  railroad  company  for 
a  certificate  of  public  convenience  and  necessity,  as  required  by 
this  act,  and  it  shall  appear  to  the  railroad  commission  after  an 
examination  of  the  proposed  route  of  the  applicant  company  that 

3144  public  convenience  and  a  necessity  do  not  require  the  construc- 
tion of  said  railroad  as  proposed  in  its  application,  but  do  require 
the  construction  of  a  part  of  said  proposed  railroad,  the  said  rail- 
road commission  may  issue  a  certificate  for  the  construction  of 
such  part  of  said  proposed  railroad  as  seems  to  them  to  be  re- 
quired by  public  convenience  and  necessity.     Same,  sec.  lygy-si- 

In  case  any  railroad  company  hereafter  obtaining  a  certifi- 
cate from  the  railroad  commission  that  pubHc  convenience  and 
a  necessity  reqtiire  the  construction  of  the  whole  or  part  of  its 
'proposed  railroad  shall  fail  to  begin  such  construction  within  one 

3145  year  from  the  date  of  the  issuing  of  said  certificate,  or  having 
begun  such  construction,  shall  fail  to  prosecute  the  same,  the 
railroad  commission  may  inquire  into  the  reasons  for  such  failiire 
and  may  revoke  the  said  certificate,  if  it  shall  appear  after  notice 
and  hearing  that  such  failure  is  unreasonable.    Same,  sec.  ijgy-^2. 

The  provisions  of  this  act  shall  apply  to  all  steam,  electric 
and  other  surface  railroads  in  this  state,  except  construction  or 

3146  extension  of  electric  railroads  in  cities,  and  to  railroads  for  the 
construction  of  which  municipal  aid  has  heretofore  been 
voted  and  now  available  upon  completion.     Same,  sec.  lygj-SS- 

Under  sections  1797-43  to  1797-53,  the  right  to  construct  a  railroad 
is  now  exclusively  referable  to  the  certificate  of  public  convenience 
and  necessity  under  these  sections.  State,  vs.  Railroad  Com.,  140  Wis. 
145- 

819 


upon  receiving  the  certificate  of  public  convenience  and 
necessity,  the  apphcant  railroad  shall  before  commencing  con- 
struction of  its  railroad  or  any  extension  or  branch  thereof, 
submit  to  the  railroad  commission  a  condensed  specification  of 
the  kind  and  character  of  construction  that  it  proposes  to  install, 
which  specification  shall  show  the  kind,  quality  and  weight  of 
the  rail  proposed  to  be  used,,  the  mode  of  construction,  character, 

8147  quality  and  strength  of  all  bridges,  culverts  and  viaducts,  in- 
cluding abutments  and  approaches  proposed  to  be  built,  the 
grade  of  and  proposed  method  of  draining  the  road-bed,  and 
kind  of  power  to  be  used  and  the  power  plant  and  appliances  to 
be  employed  in  power  production,  and  such  other  saHent  facts 
relating  to  the  construction  of  said  proposed  railroad  as  the  com- 
mission under  the  rules  to  be  prescribed  by  them  may  require. 
Samey  sec.  i'jg'j-^4. 

Upon  receiving  the  specification  required  by  the  foregoing 
section,  the  said  railroad  commission  shall  examine  the  same  and 
shall  hear  the  applicant  railroad  in  support  thereof,  shall  sug- 
gest and  require  modifications  of  said  specification  if  in  their 
judgment  the  public  safety  so  demand,  shall  visit  and  inspect  the 
said  proposed  line  of  railroad  or  extension  or  branch  thereof,  if 
deemed  desirable,  and  shall  otherwise  investigate  and  determine 

3148  that  the  proposed  construction  will  be  adequate  for  securing  and 
protecting  the  public  safety  in  the  operation  of  said  proposed  rail- 
road or  extension  or  branch  thereof,  and  thereupon  the  said  com- 
mission shall  grant  to  said  applicant  railroad  an  order  approving 
said  specification  as  amended — ^if  the  same  shall  be  amended — 
and  authorizing  the  construction  of  said  proposed  railroad  or 
extension  or  branch  thereof  in  accordance  therewith.  Same,  sec. 
1797-55- 

See  also  par.  320J. 

2,  The  Exercise  of  Franchise  Privileges  Previously  Granted. 

ARIZONA,   CALIFORNIA 

No  street  railroad  corporation,  gas,  electrical, 
telephone  or  water  corporation  shall  exercise  any  right  or  priv- 
ilege under  any  franchise  or  permit  heretofore  granted  but  not 
8149  heretofore  actually  exercised,  or  the  exercise  of  which  has  been 
suspended  for  more  than  one  year,  without  fif st  having  obtained 
from  commission  a  certificate  that  public  convenience  and 
necessity  require  the  exercise  of  such  right  or  privilege.     Ariz, — 

820 


Sess.  Laws  igi2,  ch.  go,  sec.  5o{h);  Cal. — Stats,  igii,  ist.  ex. 
sess.,  ch.  14,  sec.  50Q)). 

When  commission  shall  find,  after  hearing,  that  a  public 
utility!  has  heretofore  begun  actual  construction  work  and  is 
prosecuting  such  work  in  good  faith,  uninterruptedly  and  with 
reasonable  diligence  in  proportion  to  the  magnitude  of  the 

SI60  undertaking,  under  any  franchise  or  permit  heretofore  granted 
but  not  heretofore  actually  exercised,  such  public  utility ^  may 
proceed,  under  such  rules  and  regulations  as  commission  may 
prescribe,  to  the  completion  of  such  work  and  may,  after  such 
completion,  exercise  such  right  or  privilege.     Same. 

This  section  shall  not  be  construed  to  validate  any  right  or 

8161  privilege  now  invalid  or  hereafter  becoming  invalid  under  any 
law  of  this  state.     Same. 

MARYLAND  No  gas  or  electrical  corporation  shall  begin 

construction  or  exercise  any  right  or  privilege  under  any  fran- 

S162  chise  heretofore  granted  but  not  heretofore  actually  exercised 
without  first  having  obtained  the  permission  and  approval  of 
commission.     Laws  igio,  ch.  180,  sec.  jj. 

NEW  HAMPSHIRE  No  public  utility  shall  commence  the  business 
of  transmission  of  telephone  or  telegraph  messages  or  supplying 
the  public  with  gas,  electricity  or  water,  or  shall  engage  in  such 
business  or  begin  the  construction  of  a  plant,  line,  main  or  other 

8153  apparatus  or  appliances  intended  to  be  used  therein  in  any  city 
or  town  in  which  at  the  time  it  shall  not  already  be  engaged  in 
such  business,  or  shall  exercise  any  right  or  privilege  under  any 
franchise  heretofore  granted  but  not  heretofore  actually  exer- 
cised in  such  town,  without  first  having  obtained  the  permission 
and  approval  of  commission.     Laws  igii,  ch.  164,  sec.  13(a). 

NEW  YORK  No  gas  or  electrical  corporation  shall  exercise 

any  right  or  privilege  under  any  franchise  heretofore  granted  but 

8164  not  heretofore  actually  exercised  or  the  exercise  of  which  shall 
have  been  suspended  for  more  than  one  year  without  first  having 
obtained  the  permission  and  approval  of  the  proper  commissions. 
Laws  igio,  ch.  480,  sec.  68. 

OHIO  No  telephone  company  shall  exercise  any  per- 

mit, right,  license  or  franchise  that  may  have  been  heretofore 
granted  but  not  actually  exercised  to  own  or  operate  a  plant  for 
the  furnishing  of  any  telephone  service  thereunder  in  any  munic- 

1  "Public  service  corporation,"  in  Arizona. 

821 


3165  ipality  or  locality  where  there  is  in  operation  a  telephone  com- 
pany furnishing  adequate  service  unless  such  telephone  company 
has  secured  from  commission  a  certificate  after  public  hearing  of 
all  parties  interested  that  the  exercise  of  such  license  or  such 
permit,  right  or  franchise  is  proper  and  necessary  for  the  public 
convenience.     Laws  igii,  no.  j2$,  sec.  54. 

J.  Conditions  Precedent  to  the  Issue  of  Certificates. 

ARIZONA,  CALIFORNIA 

Before  any  certificate  may  issue  imder  this 
section,  a  certified  copy  of  its  articles  of  incorporation  or  charter, 
if  the  applicant  be  a  corporation,  shall  be  filed  in  the  office  of 
commission.  Every  applicant  for  a  certificate  shall  file  in  the 
office  of  commission  such  evidence  as  shall  be  required  by  com- 
mission to  show  that  such  applicant  has  received  the  required 
consent,  franchise  or  permit  of  the  proper  county,  city  and 

3156  county,  municipal  or  other  public  authority.  Commission  shall 
have  power,  after  hearing,  to  issue  such  certificate,  as  prayed 
for,  or  to  refuse  to  issue  the  same,  or  to  issue  it  for  the  construc- 
tion of  a  portion  only  of  the  contemplated  street  railroad,  line, 
plant  or  system,  or  extension  thereof,  or  for  the  partial  exercise 
only  of  said  right  or  privilege,  and  may  attach  to  the  exercise  of 
the  rights  granted  by  such  certificate  such  terms  and  conditions 
as  in  its  judgment  the  public  convenience  and  necessity  may 
require.  Ariz. — Sess.  Laws  ipi2,  ch.  go,  sec.  jo{c);  Cat. — Stats. 
iQiiy  ist.  ex.  sess.,  ch.  14,  sec.  5o{c). 

If  a  public  utility!  desires  to  exercise  a  right  or  privilege 
under  a  franchise  or  permit  which  it  contemplates  securing,  but 
which  has  not  as  yet  been  granted  to  it,  such  public  utility  ^  may 
apply  to  commission  for  an  order  preliminary  to  the  issue  of  the 
certificate.     Commission  may  thereupon  make  an  order  declar- 

3157  ing  that  it  will  thereafter,  upon  application,  under  such  rules  and 
regulations  as  it  may  prescribe,  issue  the  desired  certificate  upon 
such  terms  and  conditions  as  it  may  designate  after  the  public 
utility  1  has  obtained  the  contemplated  franchise  or  permit. 
Upon  the  presentation  to  commission  of  evidence  satisfactory  to 
it  that  such  franchise  or  permit  has  been  secured  by  such  public 
utility  1  commission  shall  thereupon  issue  such  certificate.     Same. 

MARYLAND  Before  such  certificate  shall  be  issued  a  certi- 

fied copy  of  the  charter  of  such  gas  or  electrical  corporation  shall 
be  filed  in  the  office  of  commission,  together  with  a  verified 

*  "  Public  service  corporation,"  in  Arizona. 

822 


statement  of  the  president  and  secretary  of  the  corporation 

3158  showing  that  it  has  received  the  required  consent  of  the  proper 
municipal  authorities.  If  the  certificate  of  authority  is  refused, 
no  further  proceedings  shall  be  taken  before  commission,  but  a 
new  application  may  be  made  therefor  after  one  year  from  the 
date  of  refusal.     Laws  igio,  ch.  i8o,  sec.  jj. 

NEW  YORK  Before  such  certificate  shall  be  issued  a  cer- 

tified copy  of  the  charter  of  such  gas  or  electrical  corporation 

3159  shall  be  filed  in  the  office  of  commission  together  with  a  verified 
statement  of  the  president  and  secretary  of  the  corporation 
showing  that  it  has  received  the  required  consent  of  the  proper 
municipal  authorities.     Laws  igio,  ch.  480,  sec.  68. 

Before  any  such  certificate  shall  be  issued  there  must  be 
filed  in  the  office  of  commission  by  the  telegraph  or  telephone 

3160  corporation  applicant  therefor  a  verified  statement  showing  that 
the  required  consent  of  the  proper  municipal  authorities  has 
been  obtained.     Same,  sec.  gp(i). 

WISCONSIN  See  par.  3141. 


B.  RELATIONS  BETWEEN  STATE  COMMIS- 
SIONS  AND   MUNICIPALITIES. 

CALIFORNIA  Every  private  corporation,   and  every  indi- 

vidual or  association  of  individuals,  owning,  operating,  manag- 
ing, or  controlling  any  commercial  railroad,  interurban  railroad, 
street  railroad,  canal,  pipe  line,  plant,  or  equipment,  or  any 
part  of  such  railroad,  canal,  pipe  line,  plant  or  equipment  within 
this  state,  for  the  transportation  or  conveyance  of  passengers, 
or  express  matter,  or  freight  of  any  kind,  including  crude  oil, 
or  for  the  transmission  of  telephone  or  telegraph  messages,  or 

3161  for  the  production,  generation,  transmission,  delivery  or  fur- 
nishing of  heat,  light,  water  or  power  or  for  the  furnishing  of 
storage  or  wharfage  facilities,  either  directly  or  indirectly,  to  or 
for  the  public,  and  every  common  carrier,  is  hereby  declared  to 
be  a  public  utility  subject  to  such  control  and  regulation  by 
commission  as  may  be  provided  by  the  legislature,  and  every 
class  of  private  corporations,  individuals,  or  associations  of  indi- 
viduals hereafter  declared  by  the  legislature  to  be  public  utilities 
shall  likewise  be  subject  to  such  control  and  regulation.  Const., 
art.  xii,  sec.  2j,  as  amended  Oct.  10,  igii. 

823 


Commission  shall  have  and  exercise  such  power  and  juris? 
diction  to  supervise  and  regulate  public  utilities,  in  this  state 
and  to  fix  the  rates  to  be  charged  for  commodities  furnished  oi 

sie2  services  rendered  by  public  utilities  as  shall  be  conferred  upor 
it  by  the  legislature,  and  the  right  of  the  legislature  to  confer 
powers  upon  commission  respecting  public  utilities  is  hereby 
declared  to  be  plenary  and  to  be  unlimited  by  any  provision  of 
this  constitution.    Same. 

From  and  after  the  passage  by  the  legislature  of  laws  con- 
ferring powers  of  commission  respecting  public  utilities,  all 
powers  respecting  such  public  utilities  vested  in  boards  of  super- 
visors, or  municipal  counvSels,  or  other  governing  bodies  of  the 
several  counties,  cities  and  counties,  cities  and  towns,  in  this 
state,  or  in  any  commission  created  by  law  and  existing  at  the 
time  of  the  passage  of  such  laws,  shall  cease  so  far  as  such  powers 
shall  conflict  with  the  powers  so  conferred  upon  commission; 
provided,  however,  that  this  section  shall  not  affect  such  powers 
of  control  over  any  public  utility  vested  in  any  city  or  county 
or  incorporated  city  or  town  as,  at  an  election  to  be  held  pur- 
suant to  laws  to  be  passed  hereafter  by  the  legislature,  a  majority 

8183  of  the  qualified  electors  voting  thereon,  of  such  city  and  county, 
or  incorporated  city  or  town,  shall  vote  to  retain,  and  until  such 
election  such  power  shall  continue  unimpaired;  but  if  the  vote 
so  taken  shall  not  favor  the  continuation  of  such  powers  they 
shall  thereafter  vest  in  commission  as  provided  by  law;  and 
provided,  further,  that  where  any  such  city  and  county  or  incor- 
porated city  or  town  shall  have  elected  to  continue  any  powers 
respecting  pubHc  utilities,  it  may,  by  vote  of  a  majority  of  its 
qualified  electors  voting  thereon,  thereafter  surrender  such  powers 
to  commission  in  the  manner  to  be  prescribed  by  the  legislature ; 
or  if  such  municipal  corporation  shall  have  surrendered  any 
powers  to  commission,  it  may,  by  like  vote,  thereafter  reinvest 
itself  with  such  power.    Same. 

Nothing  in  this  section  shall  be  construed  as  a  limitation 

S164  upon  any  power  conferred  upon  commission  by  any  provision 
of  this  constitution  now  existing  or  adopted  concurrently  here- 
with.    Same. 

This  act  shall  not  affect  such  powers  of  control  over  any 
public  utility  vested  in  any  city  and  county  or  incorporated 
city  or  town  as,  at  an  election  to  be  held  purvSuant  to  laws  to 
be  hereafter  passed  by  the  legislature,  a  majority  of  the  quali- 
fied electors  voting  thereon  of  such  city  and  county,  or  incor- 

824 


porated  city  or  town,  shall  vote  to  retain,  and  until  such  elec- 
tion such  powers  shall  continue  unimpaired  in  such  city  and 
county  or  incorporated  city  or  town;  but  if  the  vote  so  taken  shall 

3165  not  favor  the  continuation  of  such  powers  they  shall  thereafter 
vest  in  the  commission;  provided,  that  where  any  such  city  and 
county  or  incorporated  city  or  town  shall  have  elected  to  con- 
tinue any  powers  respecting  public  utilities,  it  may,  by  a  vote  of  a 
majority  of  its  qualified  electors  voting  thereon,  thereafter  sur- 
render such  powers  to  the  commission  in  the  manner  to  be  pre- 
scribed by  the  legislatiu*e ;  or  if  such  municipal  corporation  shall 
have  surrendered  any  powers  to  the  commission,  it  may,  by  like 
vote,  thereafter  reinvest  itselt  with  such  power.  Siats.  igii, 
I  St.  ex.  sess.,  ch.  14,  sec.  82. 

Any  city  and  county,  or  incorporated  city  or  town,  may  re- 
tain its  powers  of  control  vested  therein  respecting  any  one  or 
more  classes  of  public  utilities  and  may  thereafter  surrender  such 

8166  powers  to  the  railroad  commission  of  the  state  of  California, 
hereinafter  called  the  railroad  commission,  or  may  reinvest  itself 
with  such  powers  as  it  may  have  surrendered  to  the  railroad  com- 
mission, all  as  in  this  act  provided.  Stats.  loii,  isi.  ex.  sess., 
ch.  40,  sec.  I. 

The  term  "municipal  corporation, "  as  used  in  this  act  shall 
be  construed  to  mean  a  city  and  county,  or  an  incorporated  city 

3167  or  town.  The  term  ''legislative  body, "  as  used  in  this  act,  shall 
be  construed  to  mean  the  board  of  supervisors,  municipal  council, 
commission  or  other  legislative  or  governing  body  of  a  municipal 
corporation.     Same,  sec.  2. 

The  terms  "railroad  corporation,"  "street  railroad  corpor- 
ation," "common  carrier,"  "gas  corporation,"  "electrical  cor- 
poration,"    "water    corporation,"     "telephone    corporation," 

3168  "telegraph  corporation,"  "wharfinger,"  "warehouseman"  and 
"public  utility,"  as  used  in  this  act,  shall  severally  have  the 
same  meaning  as  is  given  to  them,  respectively,  in  section  two  of 
the  act  known  as  the  "public  utilities  act."     Same,  sec.  j. 

The  question  whether  any  mtmicipal  corporation  shall  re- 
tain its  powers  of  control  respecting  one  or  more  classes  of  public 
utilities  may  be  submitted  to  the  qualified  electors  of  such 
municipal  corporation,  as  provided  in  this  act,  either  at  a  general 
municipal  election  or  at  a  special  election  held  therein.  Such 
question  may  be  so  submitted,  either  in  pursuance  of  an  ordinance 
of  intention  adopted  by  a  vote  of  three-fifths  of  all  the  members 
of  the  legislative  body  of  such  mimicipal  corporation,  declaring 

825 


that  the  public  interest  requires  the  submission  of,  and  that  it  is 
the  intention  of  such  legislative  body  to  submit,  such  question 
to  a  vote  of  the  qualified  electors  of  such  municipal  corporation, 
or  in  pursuance  of  a  petition  of  qualified  electors  of  such  munic- 
ipal corporation,  as  hereinafter  provided.  Such  ordinance  of 
intention  or  such  petition  as  the  case  may  be,  shall  contain  the 
3169  propositions  proposed  to  be  so  submitted,  as  set  forth  in  section 
six  of  this  act.  Such  petition  shall  be  signed  by  qualified 
electors  of  such  municipal  corporation,  equal  in  number  to  ten 
per  cent,  of  such  qualified  electors,  computed  upon  the  total 
ntimber  of  votes  cast  in  such  municipal  corporation  for  all 
candidates  for  governor  at  the  last  preceding  general  election 
prior  to  the  filing  of  such  petition  at  which  a  governor  was 

elected But  if,  by  the  certificate  of  the  clerk,  such 

petition,  or  such  petition  together  with  a  supplemental  peti- 
tion, is  shown  to  be  sufficient,  the  clerk  shall  forthwith  present 
the  same  to  the  legislative  body  of  such  municipal  corporation. 
The  sufficiency  or  insufficiency  of  such  petition  shall  not  be  sub- 
ject to  review  by  such  legislative  body.  After  the  election  held 
in  pursuance  of  such  petition,  the  sufficiency  of  such  petition  in 
any  respect  shall  not  be  subject  to  judicial  review  or  be  otherwise 
questioned Same,  sec.  4. 

Upon  the  adoption  of  such  ordinance  of  intention,  or  the 
presentation  as  aforesaid  of  such  petition,  as  provided  in  section 
four  of  this  act,  the  legislative  body  of  such  mimicipal  corpora- 
tion shall,  by  ordinance,  order  the  holding  of  a  special  election 
for  the  purpose  of  submitting  to  the  qualified  electors  of  such 
municipal  corporation  the  propositions  set  forth  in  such  ordinance 
of  intention  or  in  such  petition,  as  the  case  may  be,  which  prop- 
ositions shall  be  those  set  forth  in  section  six  of  this  act,  or  such 
legislative  body  shall,  by  ordinance,  order  the  submission  of  such 
propositions  at  a  general  mimicipal  election,  as  hereinafter  pro- 
8170  vided.  Such  special  election  shall  be  held  not  less  than  20  days 
nor  more  than  60  days  after  the  adoption  of  the  ordinance  of 
intention  provided  for  in  section  four  of  this  act,  or  the  presenta- 
tion of  such  petition  to  said  legislative  body;  provided,  that  if  a 
general  municipal  election  shall  occur  in  said  municipal  corpora- 
tion not  less  than  20  days  nor  more  than  60  days  after  the  adop- 
tion of  said  ordinance  of  intention  or  the  presentation  of  said 
petition  to  said  legislative  body,  said  propositions  may  be  sub- 
mitted at  such  general  municipal  election,  in  the  same  manner  as 
other  propositions  are  required  by  law  to  be  submitted  at  gen- 

826 


eral  municipal  elections  in  such  municipal  corporation 

Same,  sec.  5. 

If  it  shall  appear  from  the  result  of  such  election,  as 

so  declared,  that  a  majority  of  the  qualified  electors  of  such  munic- 
ipal corporation  voting  on  any  proposition  submitted,  as  provided 
in  section  five  of  this  act,  shall  have  voted  to  retain  the  powers  of 
control  of  such  municipal  corporation  respecting  any  particular 
class  of  public  utility,  such  municipal  corporation  shall  be  deemed 
to  have  elected  to  retain  such  powers  of  control  respecting  such 
class  of  public  utility,  and  such  powers  shall  be  exercised  by  such 
mimicipal  corporation  imtil  the  same  may  be  surrendered  as 
hereinafter  provided ;  and  if  it  shall  appear  from  the  result  of  such 
election,  as  so  declared,  that  a  majority  of  such  qualified  electors 
so  voting  on  any  such  proposition  shall  have  voted  not  to  retain 
3171  such  powers  respecting  any  class  of  public  utility,  such  municipal 
corporation  shall  be  deemed  to  have  elected  not  to  retain  such 
powers  of  control  respecting  such  class  of  public  utility,  and  such 
power  of  control  shall  thereafter  vest  in  and  be  exercised  by  the 

railroad  commission  as  provided  by  law Immediately 

upon  the  filing  of  such  certified  copy  of  such  order  in  the  office  of 
the  railroad  commission,  the  powers  of  control  theretofore  vested 
in  such  municipal  corporation  over  any  class  or  classes  of  public 
utilities  which  a  majority  of  the  qualified  electors  of  such  munic- 
ipal corporation  voting  thereof  shall  have  voted  not  to  retain,  as 
shown  by  such  order,  shall  thereupon  vest  in  and  be  exercised  by 
the  railroad  commission,  imtil  such  municipal  corporation  shall 
reinvest  itself  with  such  powers  of  control  as  hereinafter  provided. 
Same,  sec.  7. 

Any  mimicipal  corporation  which  shall  have  voted  to  re- 
tain the  powers  of  control  vested  therein  respecting  any  class  or 
classes  of  public  utilities,  or  which  may  have  reinvested  itself  with 
8172  such  power,  as  hereinafter  provided,  may  thereafter  surrender 
its  powers  of  control  as  to  such  class  or  classes  of  public  utilities 
at  a  general  municipal  election  or  a  special  election  therein, 
called  for  that  purpose Same,  sec.  8. 

Any  mimicipal  corporation  that  shall  have  surrendered  to 
the  railroad  commission  powers  of  control  respecting  any  class 
of  public  utility  may  thereafter  reinvest  itself  with  such  powers  by 
a  vote  of  the  qualified  electors  thereof  taken  at  a  general  munic- 
ipal election  or  at  a  special  election The  provisions  of 

sections  four,  five  and  seven  of  this  act,  in  so  far  as  applicable, 
shall  apply  to  elections  called,  conducted  and  held  under  the  pro- 

827 


visions  of  this  section  and  to  general  municipal  elections  at  which 
such  propositions  shall  be  submitted.  If  it  shall  appear  from  the 
result  of  such  election,  declared  as  provided  in  said  section  seven, 
that  a  majority  of  the  qualified  electors  of  such  municipal  cor- 
poration voting  on  any  proposition  submitted  as  provided  in  this 
section  shall  have  voted  to  reinvest  such  municipal  corporation 
with  powers  of  control  respecting  any  particular  class  of  public 
utility,  such  mimicipal  corporation  shall  be  deemed  to  have  re- 

8173  invested  itself  with  such  powers,  and  upon  the  filing  in  the  office 
of  the  railroad  commission  of  a  certified  copy  of  the  order  de- 
claring the  result  of  such  election  the  powers  of  control  with 
which  such  municipal  corporation  shall  have  voted  to  reinvest 
itself,  as  shown  by  such  order,  shall  cease  to  be  exercised  by  the 
railroad  commission,  and  shall  vest  in  and  be  exercised  by  such 
municipal  corporation  and  if  it  shall  appear  from  the  result  of 
such  election,  as  declared,  that  a  majority  of  the  qualified  elec- 
tors of  such  municipal  corporation  voting  on  any  such  proposition, 
as  provided  in  this  section,  shall  have  voted  not  to  reinvest  such 
mimicipal  corporation  with  powers  of  control  respecting  any  par- 
ticular class  of  public  utility,  such  powers  of  control  shall  con- 
tinue in  and  be  exercised  by  the  railroad  commission;  provided, 
that  such  municipal  corporation  may  thereafter  reinvest  itself 
with  such  powers  of  control  at  any  subsequent  election  at  which 
such  question  may  be  again  so  submitted  imder  the  provisions  of 
this  act.     Same,  sec.  g. 

The  holding  of  a  special  election  or  elections,  or  the  sub- 
mission of  propositions  at  any  general  municipal  election,  under 
any  of  the  provisions  of  this  act,  shall  not  be  construed  to  pre- 
clude the  holding  of  a  subsequent  special  election  or  elections  or 

8174  the  subsequent  submission  of  propositions  at  a  general  municipal 
election  or  elections,  on  the  question  of  the  retention,  surrender 
or  reinvestment  by  a  municipal  corporation  of  its  powers  of  con- 
trol respecting  any  class  or  classes  of  public  utilities,  as  in  this 
act  provided;  provided,  that  no  more  than  one  such  special  elec- 
tion shall  be  held  within  any  period  of  12  months.     Same,  sec.  10. 

GEORGIA  See  par.  255. 

KAJ^SAS  The  power  and  authority  to  control  and  regu- 

late all  public  utilities  and  common  carriers  situated  and  operated 

8175  wholly  or  principally  within  any  city  or  principally  operated  for 
the  benefit  of  such  city  or  its  people  shall  be  vested  exclusively 
in  such  city  subject  only  to  the  right  to  apply  for  relief  to  com- 
mission.    Laws  iQii,  ch.  2j8,  sec.  j. 

838 


A  public  utility  which  owns  or  operates  a  separate  equipment,  plant 
or  machinery  for  any  of  the  specified  purposes  in  two  or  more  cities  is 
not  within  this  exception.  State  vs.  Wyandotte  County  Gas  Company, 
Supreme  Court  of  Kansas,  no.  18221,  November,  igi2. 

Every  municipal  council  or  commission  shall  have  the  power 
and  authority,  subject  to  any  law  in  force  at  the  time,  to  con- 
tract with  any  public  utility  or  common  carrier,  situated  and 
operated  wholly  or  principally  within  any  city  or  principally 
operated  for  the  benefit  of  such  city  or  its  people,  by  ordinance  or 
resolution,  duly  considered  and  regularly  adopted:  (i)  As  to 
the  quality  and  character  of  each  kind  of  product  or  service  to 
be  furnished  or  rendered  by  any  public  utility  or  common  car- 
rier, and  the  maximimi  rates  and  charges  to  be  paid  therefor  to 
the  public  utility  or  common  carrier  furnishing  such  product  or 
service  within  said  municipality,  and  the  terms  and  conditions, 
not  inconsistent  with  this  act  or  any  law  in  force  at  the  time, 
imder  which  such  public  utility  or  common  carrier  may  be  per- 
mitted to  occupy  the  streets,  highways  or  other  public  property 
within  such  municipality.  (2)  To  require  and  permit  any  pubhc 
S176  utility  or  common  carrier  to  make  such  additions  or  extensions 
to  its  physical  plant  as  may  be  reasonable  and  necessary  tor 
the  benefit  of  the  public,  and  may  designate  the  location  and 
nature  of  such  additions  and  extensions  and  the  time  within 
which  such  shall  be  completed,  and  the  terms  and  conditions 
under  which  the  same  shall  be  constructed.  (3)  To  provide  a 
reasonable  and  lawful  penalty  for  the  non-compliance  with  the 
provision  of  any  ordinance  or  resolution  adopted  in  pursuance 
with  the  provisions  hereof;  provided,  however,  that  no  ordi- 
nance or  resolution  granting  or  extending  any  right,  privilege  or 
franchise  shall  be  in  force  or  effect  until  30  days  after  the  same 
shall  have  been  duly  published;  nor  if  any  complaint  be  made, 
as  hereinafter  provided  for,  shall  said  ordinance  or  resolution 
be  in  effect  while  any  proceedings  to  review  before  said  com- 
mission or  action  or  appeal  in  any  court  in  relation  thereto  shall 
be  pending.    Same,  sec.  33. 

Upon  any  complaint  being  made,  within  15  days  after  the 
publication  of  any  such  ordinance  or  resolution,  to  the  commis- 
sion by  any  such  public  utility  or  common  carrier,  or  by  ten  or 
more  taxpayers  of  any  such  municipality  a  bond  to  pay  the  costs 
«  of  the  hearing  having  first  been  filed  by  the  complainant  with  and 
approved  by  the  said  commission,  that  any  right, ^"privilege  or 
franchise  granted,  or  ordinance  or  resolution  or  part '^of_  any 

829 


ordinance  or  resolution  adopted,  by  any  municipal  council  or 
commission  is  unreasonable,  or  against  public  policy,  or  detri- 
mental to  the  best  interests  of  the  city,  or  contrary  to  any  pro- 
visions of  law,  the  commission  shall  set  a  date  for  the  hearing  of 
such  complaint,  not  less  than  ten  days  after  date  of  filing  thereof, 
and  shall  cite  the  parties  interested  to  appear  on  the  date  named, 
which  date  shall  be  not  less  than  ten  days  after  the  fixing  of  the 
date  of  the  hearing,  and  on  that  date,  or  at  a  time  agreed  upon  by 
the  interested  parties,  or  a  date  fixed  by  the  commission,  the  com- 
plainant shall  present  such  evidence  as  they  or  it  may  have  in 
support  thereof,  and  show  why  such  complaint  should  be  sus- 
tained, and  the  commission  may  inquire  into  the  allegations  in 
such  complaint,  and  may  subpoena  witnesses,  and  take  testi- 
3177  mony  to  ascertain  the  truth  of  the  allegations  contained  therein  in 
contemplation  of  bringing  an  action  as  hereinafter  provided;  and 
if  said  commission  shall  find  that  any  provision  of  any  such  ordi- 
nance or  resolution  is  imreasonable,  or  against  the  public  wel- 
fare or  public  interest,  or  has  reason  to  believe  that  the  same  may 
be  contrary  to  law,  said  commission  shall  within  ten  days  ad- 
vise and  recommend  such  changes  in  the  ordinance  or  resolution 
as  may  be  necessary  to  meet  the  objections  set  forth  in  the  com- 
plaint and  protect  the  public  interest,  and  to  remove  any  un- 
reasonable provision  therefrom;  and  if  such  municipal  council  or 
commission  shall  not  within  20  days  thereafter  amend  such  ordi- 
nance or  resolution  to  conform  to  the  recommendations  of  said 
commission,  the  commission  may,  in  the  name  of  the  state  of 
Kansas,  within  30  days  after  such  finding,  commence  proceedings 
against  such  municipal  council  or  commission  and  common  car- 
rier or  public  utility  in  any  court  of  competent  jurisdiction,  to 
set  aside  any  ordinance  or  resolution,  or  part  thereof,  because  of 
its  unreasonableness  or  illegality,  or  because  the  same  is  not  for 
the  promotion  of  the  welfare  and  best  interests  of  said  municipal- 
ity, which  action  and  proceedings  shall  be  in  conformity  with  the 
provisions  of  this  act.     Same. 

KENTUCKY  See  par.  1187. 

MAINE  Said  street  railroads  shall  be  constructed  and 

maintained  in  such  form  and  manner,  and  with  such  rails  and 
upon  such  grade  as  the  municipal  officers  of  the  cities  and  towns 
where  the  same  are  located  may  direct,  and  whenever  in  the 
judgment  of  such  corporation  it  shall  be  necessary  to  alter  the 
grade  of  any  city,  town  or  county  road,  said  alterations  shall  be 

HT8  made  at  the  sole  expense  of  said  corporation  with  the  assent  and 

830 


I 


in  accordance  with  the  directions  of  said  municipal  officers.  The 
said  corporation  may  at  any  time  appeal  from  the  decisions  of 
such  municipal  officers  determining  the  form  and  manner  of  the 
construction  and  maintenance  of  its  railroad  and  the  kind  of 
rail  to  be  used,  to  the  commission  who  shall  upon  notice  hear 
the  parties  and  finally  determine  the  questions  raised  by  said 
appeal.    Rev.  Stais.  190J,  ch.  55,  sec.  ig. 

The  municipal  officers  of  any  town  may  make  at  all  times 
such  regulations  as  to  the  mode  of  use  of  tracks  of  any  street 
railroad,  the  sprinkling  and  watering  in  cities  by  any  street  rail- 
road of  the  space  between  and  one  foot  beyond  the  outer  rails  of 
said  tracks  for  the  purpose  of  laying  the  dust,  the  rate  of  speed 

3179  and  the  removal  and  disposal  of  snow  and  ice  from  the  streets, 
roads  and  ways,  by  any  street  railroad  corporation,  as  the  public 
safety  and  convenience  may  require.  Any  street  railroad  cor- 
poration may  appeal  from  the  decision  of  such  mtinicipal  officers 
making  any  regulation  under  this  section  to  the  commission,  who 
shall  upon  notice  hear  the  parties  and  finally  determine  the 
questions  raised  by  said  appeal.     Same,  sec.  25. 

NEVADA  See  par.  304. 

NEW  JERSEY  No  privilege  or  franchise  hereafter  granted  to 

any  public  utility  by  any  political  subdivision  of  this  state  shall 
be  valid  imtil  approved  by  commission,  such  approval  to  be 
given  when,  after  hearing,   commission  determines  that  such 

3180  privilege  or  franchise  is  necessary  and  proper  for  the  public  con- 
venience and  properly  serves  the  public  interests,  and  com- 
mission shall  have  power  in  so  approving  to  impose  such  con- 
ditions as  to  construction,  equipment,  maintenance,  service  or 
operation  as  the  public  convenience  and  interests  may  reasonably 
require.     Laws  igii,  ch.  igj,  sec.  24. 

NEW  YORK  If  in  any  city  of  the  first  or  second  class  there 

now  exists  or  shall  hereafter  be  created  a  board,  body  or  officer 
having   jurisdiction   of   matters   pertaining   to  gas  or  electric 

3181  service,  such  board,  body  or  officer  shall  have  and  may  exercise 
such  power,  jurisdiction  and  authority  in  enforcing  the  laws  of 
the  state  and  the  orders,  rules  and  regulations  of  the  commission 
as  may  be  prescribed  by  statute  or  by  the  commission.  Laws 
igio,  ch.  480,  sec.  77. 

OHIO  Any    mimicipal    corporation    in    which    any 

public  utility  is  established  may  by  ordinance  at  any  time  within 
one  year  before  the  expiration  of  any  contract  entered  into  imder 

831 


the  provisions  of  sections  3644,  3982  and  3983  of  the  general 
code  between  the  municipality  and  such  public  utility  with  re- 
8182  spect  to  the  rate,  price,  charge,  toll  or  rental  to  be  made,  charged, 
demanded,  collected  or  exacted  for  any  commodity,  utility  or 
service  by  such  public  utility  or  at  any  other  time  authorized  by 
law  proceed  to  fix  the  price,  rate,  charge,  toll  or  rental  that  such 
public  utility  may  charge,  demand,  exact  or  collect  therefor  for 
an  ensuing  period  as  provided  in  said  sections.  Laws  igii,  no. 
325,  sec.  46. 

Thereupon  commission  upon  complaint  in  writing  of  such 
public  utility  or  upon  complaint  of  one  per  cent,  of  the  electors  of 
such  mimicipal  corporation,  which  complaint  shall  be  filed 
3183  within  60  days  after  the  passage  of  such  ordinance,  shall  give  30 
days'  notice  of  the  filing  and  pendency  of  such  complaint  to  the 
public  utility,  and  the  mayor  of  such  municipality  of  the  time  and 
place  of  the  hearing  thereof  and  which  shall  plainly  state  the 
matters  and  things  complained  of.     Same. 

If  any  public  utility  shall  have  accepted  any  rate,  price, 
charge,  toll  or  rental  fixed  by  ordinance  of  such  municipality  the 
same  shall  become  operative  imless  within  60  days  after  such 
acceptance  there  shall  have  been  filed  with  commission  a  com- 
plaint signed  by  not  less  than  three  per  cent,  of  the  qualified 

8184  electors  of  such  municipality.  Upon  such  filing  commission 
shall  forthwith  give  notice  of  the  filing  and  pendency  of  such 
complaint  to  the  mayor  of  such  municipality  and  fix  a  time  and 
place  for  the  hearing  thereof.  Commission  shall  at  such  time 
and  place  proceed  to  hear  such  complaint  and  may  adjourn  the 
hearing  thereof  from  day  to  day.     Same. 

The  filing  of  the  complaint  by  a  public  utility,  as  herein  pro- 
vided, shall  be  taken  and  held  to  be  the  consent  of  such  public 
utility  to  continue  to  furnish  its  product  or  service  and  devote  its 

8185  property  engaged  therein  to  such  public  use  during  the  term  so 
fixed  by  ordinance,  or  by  the  provisions  of  this  act.  Parties 
thereto  shall  be  entitled  to  be  heard  represented  by  counsel  and 
to  have  process  to  force  the  attendance  of  witnesses.    Same. 

No  such  complaint  or  appeal  to  commission  shall  suspend, 
vacate  or  set  aside  the  rate,  price,  charge,  toll,  or  rental  fixed  by 
ordinance  unless  such  public  utility  shall  elect  to  charge  the  rate, 
price,  charge,  toll  or  rental  in  force  and  effect  immediately  prior 
to  the  taking  effect  of  the  regulation  complained  of  and  appealed 
•from  and  shall  give  an  undertaking  in  such  amounts  as  commis- 
sion shall  determine.     The  imdertaking  shall  be  filed  with  com- 

832 


3186  mission  and  shall  be  payable  to  the  state  of  Ohio  for  the  use  and 
benefit  of  the  consumers  affected  by  the  regulation  in  question. 
The  condition  of  the  tmdertaking  shall  be  that  such  public  utility 
shall  refund  to  each  of  its  constimers,  public  or  private,  the 
amount  collected  by  it  in  excess  of  the  amount  which  shall  finally 
be  determined  it  was  authorized  to  collect  from  such  consimiers. 
Commission  shall  make  all  necessary  orders  in  respect  to  the  form 
of  such  undertaking  and  the  manner  of  making  such  refunders. 
Same,  sec.  47. 

If  commission  after  such  hearing  shall  be  of  the  opinion  that 
the  rate,  price,  charge,  toll  or  rental  so  fixed  by  ordinance  is  or 
will  be  tmjust  or  unreasonable  or  insufficient  to  yield  reasonable 
compensation  for  the  service,  commission  shall  fix  and  determine 
the  just  and  reasonable  rate,  price,  charge,  toll  or  rental  to  be 

8187  charged,  demanded,  exacted  or  collected  by  such  public  utility 
during  the  periods  so  fixed  by  ordinance,  which  shall  not  be  less 
than  two  years,  and  order  the  same  substituted  for  the  rate,  price, 
charge,  toll  or  rental  so  fixed  by  ordinance,  or  commission  may 
find  and  declare  that  the  rate,  price,  charge,  toll  or  rental  so 
fixed  by  ordinance  is  just  and  reasonable,  and  ratify  and  con- 
firm the  same.     Same,  sec.  48. 

No  such  rate,  price,  charge,  toll  or  rental  so  determined  by 
commission  shall  become  effective  or  valid  until  after  commis- 

3188  sion  shall  have  ascertained  and  determined  the  valuation  upon 
which  such  price,  charge,  toll  or  rental  is  based  as  provided  in 
this  act.  And  such  valuation  so  determined  shall  be  at  all  time 
open  to  public  inspection.     Same. 

Thereupon  commission  shall  make  inquiry  and  investigation 
with  respect  to  the  ability  of  such  public  utility  to  furnish  its  prod- 
uct during  such  period.    If  it  be  found  that  it  is  able  so  to  do  com- 

3189  mission  shall  order  the  public  utility  in  question  to  continue  to 
furnish  the  same  for  the  period  and  at  the  rate,  price,  charge,  toll 
or  rental  so  fixed  and  determined,  and  such  public  utility  shall 
continue  to  furnish  its  product  as  provided  in  such  order.     Same. 

This  act  shall  not  apply  to  any  rate,  fare  or  regulation  now 
or  hereafter  prescribed  by  any  municipal  corporation  granting 
a  right,  permission,  authority  or  franchise  to  use  its  streets, 

3190  alle^^s,  avenues  or  public  places,  for  street  railway  or  street 
railroad  purposes,  or  to  any  prices  so  fixed  imder  sections  3644, 
3982  and  3983  of  the  general  code,  except  as  provided  in  sec- 
tions 46,  47  and  48  of  this  act.    Same,  sec.  49. 

The  coimcil  of  any  mimidpality  shall  have  the  power 

833 


upon  filing  of  an  application  therefor  by  any  person,  firm  or 
corporation,  to  require  of  any  public  utility,  by  ordinance  or 
otherwise,  such  additions  or  extensions  to  its  distributing  plant 
within  such  municipality  as  shall  be  deemed  reasonable  and 
necessary  in  the  interest  of  the  public,  and  subject  to  the  pro- 
visions of  section  9105  of  the  general  code  to  designate  the  loca- 
tion and  nature  of  all  such  additions  and  extensions,  the  time 
3191  within  which  they  must  be  completed,  and  all  conditions  under 
which  they  must  be  constructed  and  operated.  Such  require- 
ments and  orders  of  the  council  shall  be  subject  to  review  by 
commission.  The  council  and  commission  in  determining  the 
practicability  of  such  additions  and  extensions,  shall  take  into 
consideration  the  supply  of  the  product  furnished  by  such  public 
utility  available,  and  the  returns  upon  the  cost  and  expense  of 
constructing  said  extension  and  the  amount  of  revenue  to  be  de- 
rived therefrom,  as  well  as  the  earning  power  of  the  public  utility 
as  a  whole.    Same,  sec.  55. 

OREGON  Every  municipality  shall  have  power:   (i)  To 

determine  by  contract,  ordinance  or  otherwise  the  quality  and 
character  of  each  kind  of  product  or  service  to  be  furnished  or 
rendered  by  any  public  utility  furnishing  any  product  or  service 
within  said  municipality  and  all  other  terms  and  conditions  not 
inconsistent  with  this  act  upon  which  such  public  utility  may 
be  permitted  to  occupy  the  streets,  highways  or  other  public 
property  within  such  municipality,  and  such  contract,  ordinance 
or  other  determination  of  such  municipality,  shall  be  in  force 
and  prima  facie  reasonable.  Upon  complaint  made  by  vsuch 
public  utility  or  by  any  qualified  complainant  as  provided  in 
section  41,  the  commission  shall  set  a  hearing  as  provided  in 
section  42  and  if  it  shall  find  such  contract,  ordinance  or  other 
determination  to  be  unreasonable,  such  contract,  ordinance  or 
other  determination  shall  be  void;  provided,  however,  that  no 
ordinance  or  other  municipal  regulation  shall  be  reviewed  by 

8192  the  commission  under  the  provisions  of  this  section  which  was 
prior  to  such  review  enacted  by  the  initiative  or  which  was  prior 
to  such  review  referred  to  and  approved  by  the  people  of  said 
municipality,  or  while  a  referendum  thereon  is  pending.  (2)  To 
require  of  any  public  utility  by  ordinance  or  otherwise  such 
modifications,  additions  and  extensions  to  its  physical  equip- 
ment, facilities  or  plant  or  service  within  said  municipality  as 
shall  be  reasonable  and  necessary  in  the  interest  of  the  public, 
and  to  designate  the  location  and  nature  of  all  such  additions  and 

834 


extensions,  the  time  within  which  they  must  be  completed,  and  all 
conditions  under  which  they  must  be  constructed  subject  to  re- 
view by  the  commission  as  provided  in  this  section.  (3)  To 
provide  for  a  penalty  for  non-compliance  with  the  provisions  of 
any  ordinance  or  resolution  adopted  pursuant  to  the  provisions 
hereof.  (4)  The  power  and  authority  granted  in  this  section 
shall  exist  and  be  vested  in  said  municipalities,  anything  in  this 
act  to  the  contrary  notwithstanding.  Gen.  Laws  igii,  ch.  zyg, 
sec.  61. 

RHODE  ISLAND  Every  franchise  granted  to  any  public  utility 
by  any  town  or  city  and  all  contracts,  ordinances,  rules,  regu- 
lations and  orders  entered  into  or  made  by  any  town  or  city 
regulating  the  use  and  enjoyment  of  rights  and  franchises  granted 
to  any  public  utility  imder  the  provisions  of  any  general  or  special 

8193  law,  shall  be  subject  to  the  continuing  control  of  the  commis- 
sion in  the  exercise  of  the  powers  enumerated  in  this  act,  and  dur- 
ing the  existence  thereof,  every  such  franchise,  contract,  ordi- 
nance, rule,  regulation  and  order  shall  be  deemed  to  include, 
and  be  subject  to,  the  exercise  by  the  commission  of  any  and  all 
of  the  powers  of  regulation  provided  for  in  this  act.  Acts  igi2, 
ch.  7g5,  sec.  51. 

The  use  and  enjoyment  of  all  rights  and  franchises  granted 
tinder  the^provisions  of  this  chapter  shall  be  subject  to  such 
reasonable  rules  and  regulations  and  orders,  controlling  the  ex- 
tent and  quality  of  construction  and  service  to  be  maintained  by 
the  corporation  to  which  such  rights  are  granted,  and  prescribing 
the  location  and  arrangement  of  its  tracks,  poles,  wires  or  con- 
duits, and  their  appurtenances,  as  are,  or  may  be  from  time  to 
time,  enacted  by  the  town  or  city  councils.  In  case  any  such 
S194  regulation  or  enactment  shall  seem  to  any  such  corporation  to 
be  imreasonable,  such  corporation,  within  30  days  after  the  same 
has  been  passed,  may  complain  to  the  commission  setting  forth 
that  such  regulation  or  order  is  not  reasonable  in  the  premises; 
and  thereupon  said  commission  shall  proceed  to  hear  and  de- 
termine the  matter  in  accordance  with  the  provisions  of  the 
public  utilities  act;  subject,  however,  to  the  right  of  appeal  to 
the  supreme  coiirt  therein  contained.  Gen.  Laws,  ch.  gi,  sec. 
5,  as  amended  by  Acts  igi2,  ch.  yg^,  sec.  52. 

VERMONT  Nothing  in  this  act  or  previous  statutes  shall 

be  construed  as  giving  the  public  service  commission  power  to 
prevent  or  restrict  competition  or  limit  the  number  of  persons 

S199  or  companies  who  may  engage  in  the  business  of  furnishing  light, 

835 


heat,  power,  or  any  other  business  subject  to  supervision  under 
the  provisions  of  this  act  in  any  town.    Acts  igo8,  no.  ii6,  sec. 

23- 

See  also  par.  3130. 

WASfflNGTON  See  par.  1044. 

WISCONSIN  Every  municipal  council  shall  have  power: 

(i)  To  determine  by  contract,  ordinance  or  otherwise  the  qual- 
ity and  character  of  each  kind  of  product  or  service  to  be  furnished 
or  rendered  by  any  public  utility  furnishing  any  product  or  serv- 
ice within  said  municipality  and  all  other  terms  and  conditions 
not  inconsistent  with  this  act  upon  which  such  public  utility  may 
be  permitted  to  occupy  the  streets,  highways  or  other  public 
property  within  such  municipality  and  such  contract,  ordinance 
or  other  determination  of  such  municipality  shall  be  in  force  and 
prima  facie  reasonable.  Upon  complaint  made  by  such  public 
utility  or  by  any  qualified  complainant  as  provided  in  section 
i797m-43,  the  commission  shall  set  a  hearing  as  provided  in  ' 
sections   i797m-45   and   i7Q7m-46,   and  if  it  shall  find  such 

3196  contract,  ordinance  or  other  determination  to  be  unreavSonable, 
such  contract,  ordinance  or  other  determination  shall  be  void. 
(2)  To  require  of  any  public  utility  by  ordinance  or  otherwise 
such  additions  and  extensions  to  its  physical  plant  within 
said  mimicipality  as  shall  be  reasonable  and  necessary  in  the 
interest  of  the  public,  and  to  designate  the  location  and  nature 
of  all  such  additions  and  extensions,  the  time  within  which  they 
must  be  completed  and  all  conditions  under  which  they  must  be 
constructed  subject  to  review  by  the  commission  as  provided  in 
subdivision  i  of  this  section.  (3)  To  provide  for  a  penalty  for 
non-compliance  with  the  provisions  of  any  ordinance  or  resolu- 
tion adopted  pursuant  to  the  provisions  hereof.  (4)  The  power 
and  authority  granted  in  this  section  shall  exist  and  be  vested 
in  said  municipalities  anything  in  this  act  to"  the  contrary  not- 
withstanding.   Laws  iQoy,  ch.  4gg,  sec.  lygym-Sy. 

See  also  pars.  24g4,  j2o6,  32og,  321 1,  321^,  3216,  3226, 
3228,  3233. 


836 


C.  INDETERMINATE  FRANCHISES  AND 
RIGHT  OF  MUNICIPALITY  TO  PUR- 
CHASE. 

MASSACHUSETTS  If,  when  a  city  or  town  votes  to  establish  a 
municipal  lighting  plant,  any  person  or  corporation  engaged  at 
the  time  of  the  first  vote  required  by  sections  two  and  three  of 
this  chapter  in  the  business  of  generating  or  distributing  gas  or 
electricity  for  sale  for  lighting  purposes  in  such  city  or  town 
shall  elect  to  sell  in  the  manner  hereinafter  provided,  the  city 
or  town  shall  purchase  of  him  or  it  such  portion  of  his  or  its 
plant  and  property  within  the  Hmits  of  such  city  or  town  as  is 
suitable  for  and  is  used  in  connection  with  such  business.  Such 
purchase  shall  be  required  to  include  both  a  gas  and  electiic 
lighting  plant  only  if  a  single  corporation  owns  or  operates  both 
such  plants.  If  the  main  gas  works  or  the  central  electric  light- 
ing station  lie  within  the  city  or  town  limits,  such  city  or  town 
shall  purchase  the  whole  of  such  plant  and  the  property  used  in 
connection  therewith,  lying  within  such  limits,  at  its  fair  mar- 
ket value  for  the  purposes  of  its  use;  but  no  portion  of  such 
plant  shall  be  estimated  at  less  than  its  fair  maiket  value  for 
any  other  purpose,  including,  as  an  element  of  value  (locations 
or  similar  rights  and)  the  damages,  if  any,  caused  by  the  sever- 
ance of  any  portion  of  such  plant  lying  outside  such  city  or 
town  limits,  if  they  are  not  purchased  by  the  city  or  town,  and 
excluding  any  mortgage  or  other  encumbrance  or  lien  to  which 
such  plant  or  any  part  thereof  may  be  subject  at  the  time  of 
such  purchase.  The  city  or  town  may  require  the  plant  and 
property  to  be  transferred  to  it  free  of  any  mortgage  or  lien 
unless  the  commissioners  appointed  under  the  provisions  of  the 

S197  following  section  otherwise  determine.  Such  value  shall  be 
estirnated  without  enhancement  on  account  of  future  earning 
capacity  or  good  will  or  of  exclusive  privileges  derived  from 
rights  in  the  public  streets.  If  the  main  gas  works  or  central 
electric  lighting  stations  of  such  plant  lie  without  the  city  or 
town  limits,  the  city  or  town  shall  purchase  only  that  portion 
of  the  plant  or  property  within  its  limits,  estimating  its  value 
as  above  provided,  but  without  allowance  of  damages  on  account 
of  severance  of  plant.  No  city  or  town  shall  be  required  to  buy 
any  apparatus  or  appliances  which  are  covered  by  letters  patent 
of  the  United  States  or  embody  a  patentable  invention  unless  a 

837 


complete  right  to  use  the  same  and  all  other  apparatus  or  appli- 
ances necessary  for  its  use,  to  such  extent  as  such  city  or  town 
shall  reasonably  require,  shall  be  assigned  or  granted  to  it  at  a 
cost  as  low  as  it  would  be  to  the  person  or  corporation  whose 
plant  is  purchased.  No  city  or  town  shall  be  required  to  buy 
any  property  unnecessarily  added  to  a  plant  after  the  passage 
of  its  first  vote  under  the  provisions  of  sections  two  or  three, 
nor  any  property  except  such  as  would  be  suitable  for  the  ordi- 
nary business  of  the  vendor.  If  any  property  or  plant  which 
the  city  or  town  would  be  entitled  or  required  to  buy  would  not 
be  available  to  it  if  purchased,  by  reason  of  liens,  interests  of 
third  parties,  private  contracts  or  other  causes  whereby  the  city 
or  town  would  be  at  a  greater  disadvantage  in  its  use  than  the 
vendor,  it  may  be  released  from  buying  the  same,  or  it  may  be 
allowed  an  equitable  discount  from  the  purchase  price  as  the 
commissioners  provided  for  in  the  following  section  determine. 
Rev.  Laws  igo2,  ch.  J4,  sec.  lo. 

The  owner  of  any  plant  for  the  manufacture  or  distribu- 
tion of  gas  or  electricity  for  light,  heat  or  power  in  the  city  or 
town,  who  desires  to  sell  the  same  under  the  provisions  of  this 
chapter,  shall  within  60  days  after  the  passage  of  the  final  vote 
of  the  city  or  town  required  by  section  three  of  this  chapter, 
file  with  the  clerk  of  the  city  or  town  a  good  and  sufficient  con- 
veyance duly  executed  of  such  parts  of  his  plant  as  defined  in 
section  ten  of  this  chapter  as  he  desires  to  sell,  together  with  a 
detailed  schedule  of  the  plant  included  in  the  conveyance  and 
a  statement  of  the  price  which  he  is  willing  to  accept  in  pay- 
ment for  the  same.  Upon  the  filing  of  this  conveyance  the 
property  thereby  conveyed  shall  vest  in  the  city  or  town,  which 
shall  be  entitled  to  the  immediate  possession  and  use  of  the 
property  conveyed;  and  the  owner  shall  surrender  possession  of 
S198  the  same  upon  request.  A  city  by  vote  of  the  city  council,  and 
a  town  by  vote  of  the  selectmen,  may  agree  with  the  owner 
upon  the  price  to  be  paid  for  the  plant  conveyed;  but  said 
agreement  as  to  price  shall  not  be  binding  in  towns  until  ratified 
by  a  majority  vote  at  a  town  meeting  called  for  action  thereon; 
but  if  the  city  or  town  does  not  agree  with  the  owner  as  to  such 
price,  or  notifies  him  within  30  days  after  the  filing  of  the  con- 
veyance that  it  is  dissatisfied  with  the  contents  thereof,  either 
as  including  property  which  ought  not  to  have  been  included  or 
as  not  including  property  which  ought  to  have  been  included, 
either  party  may,  within  60  days  after  the  filing  of  the  convey- 

838 


ance,  apply  to  the  supreme  judicial  court  for  the  county  in  which 
the  city  or  town  is  situated  for  the  appointment  of  commis- 
sioners to  determine  what  property  ought  to  have  been  included 
in  the  conveyance  and  the  value  thereof.  Same,  sec.  ii,  as  amend- 
ed by  Acts  1905,  ch.  410,  sec.  i. 

If  a  city  or  town  acquires  a  gas  or  electric  lighting  plant, 

3199  the  right  of  any  person  or  corporation  from  whom  such  plant 
was  acquired  to  manufacture  and  distribute  gas  or  electricity 
within  its  limits  shall  cease.    Same,  sec.  I'j. 

No  city  or  town  having  within  its  limits  the  main  gas  works 
or  the  central  electric  lighting  station,  or  the  major  portion  of 
the  wires,  poles,  conduits  or  pipes  used  in  connection  with  any 
such  works  or  plants,  shall,  except  for  a  violation  of  the  terms 
or  conditions  upon  which  the  same  were  granted  or  for  a  vio- 
lation of  law  respecting  the  exercise  thereof,  revoke  any  rights 
granted  to  any  person  or  corporation  engaged  in  the  business 
of  manufacturing  or  distributing  gas  or  electricity  for  sale  for 
lighting  purposes,  after  the  introduction  of  the  first  vote  author- 

3200  izing  the  establishment  of  a  municipal  lighting  plant  in  a  city 
council  under  the  provisions  of  section  two  or  after  the  calling  of 
a  town  meeting  under  a  warrant  including  an  article  on  the  pas- 
sage of  such  vote,  until  the  proceedings  so  begun  have  been 
finally  determined  by  granting  or  denying  authority  to  estab- 
lish such  plant.  After  the  passage  and  ratification  of  both 
votes  required  by  sections  two  or  three,  no  city  or  town,  except 
as  hereinbefore  provided,  shall  revoke  any  rights,  locations  or 
licenses  granted  to  any  such  person  or  corporation.     Same,  sec. 

WISCONSIN  No  license,  permit  or  franchise  shall  be  granted 

to  any  person,  copartnership  or  corporation  to  own,  operate, 
manage  or  control  any  plant  or  equipment  for  the  production, 
transmission,  delivery  or  furnishing  of  heat,  light,  water  or 
power  in  any  municipality,  where  there  is  in  operation  imder  an 
indeterminate  permit,  as  provided  in  this  act,  a  public  utility 
engaged  in  similar  service,  and  no  telephone  exchange  for  fur- 
nishing local  service  to  subscribers  within  any  village  or  city 
shall  be  installed  in  such  village  or  city  by  any  public  utility, 
other  than  those  already  furnishing  such  telephone  service 
therein,  where  there  is  in  operation  in  such  village  or  city  a 
public  utility  engaged  in  similar  service,  without  first  securing 

3201  from  the  commission  a  declaration  after  a  public  hearing  of  all 
parties  interested,  that  public  convenience  and  necessity  require 

839 


such  second  public  utility.  This  subsection  shall  not  prevent 
or  impose  any  condition  upon  the  extension  of  any  telephone 
line  from  any  town  into  or  through  any  city  or  village  for  the 
purpose  of  connecting  with  any  telephone  exchange  in  such 
city  or  village  or  connecting  with  any  other  telephone  line  or 
system.  Any  public  utility  operating  any  telephone  exchange 
in  any  city  or  village  shall,  on  demand,  extend  its  lines  to  the 
limits  of  such  city  or  village  for  the  purposes  mentioned  and 
subject  to  the  conditions  and  requirements  prescribed  in  section 
i797m-4  and  i797m-3o.  Laws  1907,  ch.  499,  sec.  lygym-y^^i), 
as  amended  hy  Laws  1911,  ch.  546.^ 

Any  existing  permit,  license  or  franchise  which  shall  con- 
tain any  term  whatsoever  interfering  with  the  existence  of  such 

3202  second  public  utility  is  hereby  amended  in  such  a  manner  as  to 
permit  such  municipality  to  grant  an  indeterminate  permit  for 
the  operation  of  such  second  public  utility  pursuant  to  the  pro- 
visions of  this  act.     Laws  iQoy,  ch.  499,  sec.  i'/9'/m-'/4{2). 

No  municipality  shall  hereafter  construct  any  such  plant 
or  equipment  where  there  is  in  operation  imder  an  indeterminate 
permit  as  provided  in  this  act,  in  such  municipality  a  public 
utility  engaged  in  similar  service,  without  first  securing  from 

3203  the  commission  a  declaration,  after  a  public  hearing  of  all  parties 
interested,  that  public  convenience  and  necessity  require  such 
municipal  public  utility.  But  nothing  in  this  section  shall  be 
construed  as  preventing  a  municipality  acquiring  any  existing 
plant  by  piirchase  or  by  condemnation  as  hereinafter  provided. 
Same,  sec.  iy9ym-y4{;^. 

Nothing  in  this  section  shall  be  construed  so  as  to  prevent 
the  granting  of  an  indeterminate  permit  or  the  construction  of 

3204  a  municipal  plant  where  the  existing  public  utility  is  operating 
without  an  indeterminate  permit  as  provided  in  this  act.  Same, 
sec.  iy9'/m-74{4). 

No  license,  permit  or  franchise  to  own,  operate,  manage  or 
control  any  plant  or  equipment  for  the  production,  transmission, 

3205  delivery  or  furnishing  of  heat,  light,  water  or  power  shall  be 
hereafter  granted,  or  transferred  except  to  a  corporation  duly 
organized  under  the  laws  of  the  state  of  Wisconsin.  Same,  sec. 
1797^-75- 

'  All  licenses,  permits  and  franchises  to  own,  operate,  manage,  or  control  any  plant  or 
equipment  for  the  production,  transmission,  delivery,  or  furnishing  or  heat,  light,  water,  or 
power  in  any  municipality,  heretofore  granted  or  attempted  to  be  granted  to  any  public 
utility  by  or  by  virtue  of  any  ordinance  pending  or  under  consideration  in  the  municipal 
council  of  any  municipality  at  the  time  of  the  obtaining  of  an  indeterminate  permit  by  any 
other  public  utility  operating  therein,  are  hereby  validated  and  confirmed  and  shall  not  be 
affected  by  the  provisions  of  subsection  i  of  section  i797m-74  of  the  statutes.  Laws  iQii, 
ch.  14,  sec.  I. 

840 


Every  license,  permit  or  franchise  hereafter  granted  to  any 
pubUc  utility  shall  have  the  effect  of  an  indeterminate  permit 
subject  to  the  provisions  of  this  act,  and  subject  to  the  pro- 
vision that  the  mimicipality  in  which  the  major  part  of  its 
property  is  situate  may  purchase  the  property  of  such  public 
utility  actually  used  and  useful  for  the  convenience  of  the  public 

3206  at  any  time  as  provided  herein  paying  therefor  just  compensa- 
tion to  be  determined  by  the  commission  and  according  to  the 
terms  and  conditions  fixed  by  said  commission.  Any  such 
mimicipality  is  authorized  to  purchase  such  property  and  every 
such  public  utility  is  required  to  sell  such  property  at  the  value 
and  according  to  the  terms  and  conditions  determined  by  the 
commission  as  herein  provided.     Same,  sec.  ijgym-j6. 

Every  license,  permit,  or  franchise  granted  prior  to  July 
II,  1907,  by  the  state  or  by  the  common  coimcil,  the  board  of 
aldermen,  the  board  of  trustees,  the  town  or  village  board,  or 
any  other  governing  body  of  any  town,  village,  or  city,  to  any 
corporation,  company,  individual,  association  of  individuals, 
their  lessees,  trustees,  or  receivers  appointed  by  any  court  what- 
soever, authorizing  and  empowering  such  grantee  or  grantees 
to  own,  operate,  manage  or  control  any  plant  or  equipment,  or 
any  part  of  a  plant  or  equipment  within  this  state,  for  the  con- 
veyance of  telephone  messages,  or  for  the  production,  trans- 

8207  mission,  delivery,  or  furnishing  of  heat,  light,  water,  or  power, 
either  directly  or  indirectly,  to  or  for  the  public,  is  so  altered 
and  amended  as  to  constitute  and  to  be  an  "indeterminate  per- 
mit" within  the  terms  and  meaning  of  sections  lygym-i  to 
i797m-io8,  inclusive,  of  the  statutes  of  1898,  and  subject  to  all 
the  terms,  provisions,  conditions,  and  limitations  of  said  sec- 
tions i797m-i  to  i797m-io8,  inclusive,  and  shall  have  the  same 
force  and  effect  as  a  license,  permit,  or  franchise  granted  after 
July  II,  1907,  to  any  public  utility  embraced  in  and  subject  to 
the  provisions  of  said  sections  i797m-i  to  i797m-io8,  inclusive, 
except  as  provided  by  section  i797m-8o.  Same,  sec.  lygym-yy, 
as  amended  by  Laws  igog,  ch.  180,  and  Laws  igii,  ch.  5g6. 

No  franchise  heretofore  surrendered  by  any  corporation  of  this  state  in  the  manner 
and  within  the  time  provided  by  section  i797ni-77.  and  no  indeterminate  permit  based 
thereon,  shall  be  declared  invalid  by  reason  of  any  defect,  irregularity,  or  invalidity  in  such 
franchise  whatsoever,  provided  that  such  franchises  shall  not  have  been  obtained  by  fraud, 
bribery,  or  corrupt  practices ;  that  when  such  franchise  was  granted  no  officer  of  the  rnunic- 
3208  ipality  granting  the  same  was  directly  or  indirectly  interested  in  such  franchise  or  in  thg 
corjKfration  obtaining  same;  and  that  the  corporation  having  the  same  shall  have  prior  to 
the  surrendering  of  said  franchise  in  good  faith  purchased  or  constructed  any  street  o^ 
interurban  railway,  water  works,  gas  or  electric  light  plant,  or  other  public  utility  or  any 
part  thereof  by  such  franchise  authorized;  and  subject  to  the  foregoing  exceptions,  every 
such  franchise  and  permit  is  hereby  legalized  and  confirmed.     Laws  igii,  ch.  217,  sec.  i. 

841 


Any  public  utility  accepting  or  operating  under  any  license, 
permit  or  franchise  hereafter  granted  shall,  by  acceptance  of  any 
such  indeterminate  permit  be  deemed  to  have  consented  to  a 
future  purchase  of  its  property  actually  used  and  useful  for  the 
convenience  of  the  public  by  the  mimicipality  in  which  the  major 

3209  part  of  it  is  situate  for  the  compensation  and  under  the  terms 
and  conditions  determined  by  the  commission,  and  shall  thereby 
be  deemed  to  have  waived  the  right  of  requiring  the  necessity  of 
such  taking  to  be  established  by  the  verdict  of  a  jviry,  and  to 
have  waived  all  other  remedies  and  rights  relative  to  condemna- 
tion, except  such  rights  and  remedies  as  are  provided  in  this  act. 
Laws  igoj,  ch.  4gg,  sec.  lygym-yS. 

Any  mimicipality  shall  have  the  power,  subject  to  the  pro- 
visions of  this  act,  to  construct  and  operate  a  plant  and  equip- 

3210  ment  or  any  part  thereof  for  the  production,  transmission,  de- 
livery, or  furnishing  of  heat,  light,  water  or  power.  Same,  sec. 
iygym-yg{i). 

Any  mimicipality  shall  have  the  power,  subject  to  the  pro- 
visions of  this  act,  to  purchase  by  an  agreement  with  any  public 

3211  utility  any  part  of  any  plant,  provided,  that  such  purchase  and 
the  terms  thereof  shall  be  approved  by  the  commission  after  a 
hearing  as  provided  in'  sections  lygym-Si  and  iyg'jm.-S2. 
Same,  sec.  lygym-ygiz). 

Any  municipality  shall  have  the  power,  subject  to  the  pro- 
visions of  this  act  to  acquire  by  condemnation  the  property  of 
any  public  utility  actually  used  and  useful  for  the  convenience  of 

3212  the  public  then  operating  under  a  license,  permit  or  franchise  ex- 
isting at  the  time  this  act  takes  effect,  or  operating  in  such 
municipality  without  any  permit  or  franchise.     Same,  sec.  lygym- 

Any  municipality  shall  have  the  power,  subject  to  the  pro- 
visions of  this  act,  to  acquire  by  purchase  as  provided  in  this 

3213  act,  the  property  of  any  public  utility  actually  used  and  useful  for 
the  convenience  of  the  public  operating  under  any  indeterminate 
permit  as  provided  herein.     Same,  sec.  lygym-ygi^)- 

If  the  municipality  shall  have  determined  to  acquire  an 
existing  plant  then  operated  under  ...  an  indeterminate  permit 
provided  in  section  lygym-yy,  by  a  vote  of  a  majority  of  the 
electors  voting  thereon  at  any  general,  municipal,  or  special 
election  at  which  the  question  of  the  purchase  of  such  plant  shall 
have  been  submitted,  such  municipality  shall  bring  an  action  in 
the  circuit  court  against  the  public  utility  as  defendant  praying 

84? 


the  court  for  an  adjudication  as  to  the  necessity  of  such  taking 
S814  by  the  municipaHty,  in  which  action  the  complaint  shall  be  served 
with  the  summons.  The  public  utility  shall  serve  and  file  its 
answer  to  such  complaint  within  ten  days  after  the  service  thereof, 
whereupon  such  action  shall  be  at  issue  and  stand  ready  for  trial 
upon  ten  days'  notice  by  either  party.  Unless  the  parties 
thereto  waive  a  jury,  the  question  as  to  the  necessity  of  the 
taking  of  such  property  by  the  municipality  shall  be  as  speedily 
as  possible  submitted  to  a  jury.  Same,  sec.  lyg^m-So,  as 
amended  by  Laws  igog,  ch.  21  j  and  Laws  igii,  ch.  ^g6. 

If  the  municipality  shall  have  determined  to  acquire  an 
existing  plant  in  the  manner  provided  in  the  preceding  section,  and 
the  public  utility  owning  such  plant  shall  have  consented  to  the 
taking  over  of  such  plant  by  the  mimicipality  by  acceptance  of  an 
indeterminate  permit  as  provided  herein,  or,  in  case  such  public 
3216  utility  shall  not  have  waived  or  consented  to  such  taking,  if  the 
jury  shall  have  foimd  that  a  necessity  exists  for  the  taking  of 
such  plant,  then  the  municipality  shall  give  speedy  notice  of  such 
determination  and  of  such  consent  or  such  verdict  of  a  jury  to 
the  public  utility  and  to  the  commission.  Laws  igoy,  ch.  4gg, 
sec.  lygym-Si,  as  amended  by  Laws  igog,  ch.  21  j. 

The  commission  shall  thereupon  proceed  to  set  a  time  and 
place  for  a  public  hearing  upon  the  matters  of  the  just  compen- 
sation to  be  paid  for  the  taking  of  the  property  of  such  public 
utility  actually  used  and  useful  for  the  convenience  of  the  public, 
and  of  all  other  terms  and  conditions  of  the  purchase,  and  sale, 
and  shall  give  to  the  municipality  and  the  public  utility  in- 
terested, not  less  than  thirty  days'  notice  of  the  time  and  place 
when  and  where  such  hearing  will  be  held,  and  such  matters  con- 
sidered and  determined,  and  shall  give  like  notice  to  all  bond- 
holders, mortgagees,  lienors,  and  all  other  persons  having  or 
claiming  to  have  any  interest  in  such  public  utility,  by  publica- 
tion of  such  notice  once  a  week  for  not  less  than  three  successive 
weeks  in  at  least  one  newspaper  of  general  circulation  printed 
in  the  English  language  and  published  in  the  county  in  which 
such  public  utility  is  located,  which  publication  shall  be  caused 
8216  to  be  made  by  the  municipality.  Within  a  reasonable  time, 
not  exceeding  one  year,  after  the  time  fixed  for  such  hearing  in 
such  notice,  the  commission  shall,  by  order,  fix  and  determine  and 
certify  to  the  mimicipal  coimcil,  to  the  public  utility  and  to  any 
bondholder,  mortgagee,  lienor  or  other  creditor  appearing  upon 
S^ch  hiring,  just  compensation  to  be  paid  for  the  taking  of  the 

843 


property  of  such  public  utility  actually  used  and  useful  for  the 
convenience  of  the  public  and  all  other  terms  and  all  conditions 
of  sale  and  purchase  which  it  shall  ascertain  to  be  reasonable. 
The  compensation  and  other  terms  and  the  conditions  of  sale  and 
purchase  thus  certified  by  the  commission  shall  constitute  the 
compensation  and  terms  and  conditions  to  be  paid,  followed,  and 
observed  in  the  purchase  of  such  plant  from  such  public  utility. 
Upon  the  filing  of  such  certificate  with  the  clerk  of  such  munic- 
ipality the  exclusive  use  of  the  property  taken  shall  vest  in  such 
municipality.  Laws  igoj,  ch.  4gg,  sec.  i'/gym-82,  as  amended  by 
Laws  igii,  ch.  662. 

Any  public  utility  or  the  municipality  or  any  bondholder, 
mortgagee,  lienor  or  other  creditor  of  the  public  utility,  being 
dissatisfied  with  such  order,  may  commence  and  prosecute  an 

3217  action  in  the  circuit  court  to  alter  or  amend  such  order  or  any 
part  thereof,  as  provided  in  sections  i797m-64  to  i797m-73, 
inclusive,  and  said  sections  so  far  as  applicable  shall  apply  to 
such  action.  Laws  igoj,  ch.  4gg,  sec.  lygym-S^,  as  amended  by 
Laws  igii,  ch.  662. 

If  the  plaintiff  shall  not  establish  to  the  full  satisfaction  of 
the  court  that  the  compensation  fixed  and  determined  in  such 
order  is  imlawful  or  that  some  of  the  terms  or  conditions  fixed 

3218  and  determined  therein  are  in  some  particulars  unreasonable, 
the  compensation,  terms  and  conditions  fixed  in  said  order  shall 
be  the  compensation,  terms  and  conditions  to  be  paid,  followed 
and  observed  in  the  purchase  of  said  plant  from  such  public 
utility.     Laws  igoy,  ch.  4gg,  sec.  iygym-84. 

If  the  plaintiff  shall  establish  to  the  full  satisfaction  of  the 
court  and  the  court  shall  adjudge  that  such  compensation  is 
unlawful  or  that  some  of  such  terms  or  conditions  are  imreason- 

3219  able,  the  court  shall  remand  the  same  to  the  commission  with 
such  findings  of  fact  and  conclusions  of  law  as  shall  set  forth  in 
detail  the  reasons  for  such  judgment  and  the  specific  particulars 
in  which  such  order  of  the  commission  is  adjudged  to  be  un- 
reasonable or  unlawful.     Same,  sec.  lygym-S^. 

If  the  compensation  fixed  by  the  previous  order  of  the  com- 
mission be  adjudged  to  be  unlawful,  the  commission  shall  forth- 

3220  with  proceed  to  set  a  re-hearing  for  the  re-determination  of 
such  compensation  as  in  the  first  instance.  Same,  sec.  lygym- 
86(^1). 

The  commission  shall  forthwith  otherwise  alter  and  amend 
8221  such  previous  order  with  or  without  a  re-hearing  as  it  may  deem 

844 


necessary  so  that  the  same  shall  be  reasonable  and  lawfiil  in 
every  partictdar.     Same,  sec.  i'jgjm-S6{2). 

The  term  "municipal  council  '*  as  used  in  this  act  shall  mean 
and  embrace  the  common  coimcil,  the  board  of  aldermen,  the 

3222  board  of  trustees,  the  town  or  village  board,  or  any  other  gov- 
erning body  of  any  town,  village  or  city  wherein  the  property 
of  a  street  railway  company  or  any  part  thereof  is  located. 
Laws  igoy,  ch.  578,  sec.  iygyi-i{\). 

The  term  "municipality"  as  used  in  this  act  shall  mean 

3223  any  town,  village  or  city  wherein  property  of  a  street  railway 
company  or  any  part  thereof  is  located.      Same,  sec.  iygyt-i{2). 

The  term  "indetermiaate  permit"  as  used  in  this  act  shall 
mean  and  embrace  every  grant,  directly  or  indirectly  from  the 
state,  to  any  street  railway  company,  of  power,  right  or  privilege 

3224  to  own,  operate,  manage  or  control  any  street  railway  plant  or 
equipment  or  any  part  thereof  within  this  state,  which  shall  con- 
tinue in  force  imtil  such  time  as  the  municipality  shall  exercise 
its  option  to  purchase  as  provided  m.  this  act  or  vmtil  it  shall  be 
otherwise  termiaated  according  to  law.      Same,  sec.  i'/gp-i{j). 

3226  The  term  "commission"  as  used  in  this  act  shall  mean  the 

railroad  commission  of  Wisconsin.     Same,  sec.  i'/gp-i{4). 

Every  license,  permit  or  franchise  hereafter  granted  to  any 
street  railway  company  shall  have  the  effect  of  an  indeterminate 
permit  subject  to  the  provisions  of  this  act,  and  subject  to  the 
provision  that  the  municipality  in  which  the  major  part  of  its 
property  is  situated  may  piu-chase  the  property  of  such  street 
railway  company  actually  used  and  useful  for  the  convenience 

3226  of  the  public  at  any  time  as  provided  herein,  paying  therefor 
just  compensation  to  be  determined  by  the  commission  and  ac- 
cording to  the  terms  and  conditions  fixed  by  said  commission. 
Any  such  municipality  is  authorized  to  purchase  such  property, 
and  every  such  street  railway  company  is  required  to  sell  such 
property  at  the  compensation  and  according  to  the  terms  and 
conditions  determined  by  the  commission  as  herein  provided. 
Same,  sec.  iygyt-2. 

Any  street  railway  company  operating  under  an  existing 
license,  permit  or  franchise  shall,  upon  filing  at  any  time  prior 
to  the  expiration  of  such  license,  permit  or  franchise,  with  the 
derk  of  the  municipality  which  granted  such  franchise  and  with 
the  commission,  a  written  declaration  legally  executed  that,  it 
surrenders  such  license,  permit  or  franchise,  receive  by  opera- 
8221  tion  of  law  in  lieu  thereof,  an  indeterminate  permit  as  provided 

845 


in  this  act;  and  such  street  railway  company  shall  hold  such 
pennit  under  all  the  terms,  conditions  and  limitations  of  this 
act.  The  filing  of  such  declaration  shall  be  deemed  a  waiver 
by  such  street  railway  company  of  the  right  to  insist  upon  the 
fulfillment  of  any  contract  theretofore  entered  into  relating  to 
any  rate,  fare,  charge  or  service  regulated  by  sections  1 797-1 
to  1797-38  of  the  statutes,  as  amended.     Same,  sec.  lygjt-^. 

Any  street  railway  company  accepting  or  operating  under 
any  license,  permit  or  franchise  hereafter  granted,  except  where 
such  license,  permit  or  franchise  is  for  an  extension  of  any  line 
or  system  constructed  or  authorized  at  the  time  this  act  shall 
go  into  effect,  and  which  license,  permit  or  franchise  for  such 
extension  shall  expire  at  the  same  date  as  the  license,  permit  or 
franchise  under  which  such  line  or  system  is  then  being  operated, 
shall,  by  acceptance  of  any  such  indeterminate  permit  be  deemed 

83S8  to  have  consented  to  a  future  purchase  of  its  property  actually 
used  and  useful  for  the  convenience  of  the  public,  by  the  munic- 
ipality in  which  the  major  part  of  it  is  situate  for  the  compensa- 
tion and  imder  the  terms  and  conditions  determined  by  the 
commission,  and  shall  thereby  be  deemed  to  have  waived  the 
right  of  requiring  the  necessity  of  such  taking  to  be  established 
by  the  verdict  of  a  jury,  and  to  have  waived  all  other  remedies 
and  rights  relative  to  condemnation  by  such  mimicipality,  ex- 
cept such  rights  and  remedies  as  are  provided  in  this  act.  Same, 
sec.  i'/g7t-4. 

At  any  time  within  three  years  prior  to  the  expiration  of  the 
term  of  the  license,  permit  or  franchise  under  which  any  street 
railway  is  operating  at  the  time  this  act  goes  into  effect,  any 

ssa9  municipality  shall  have  the  power,  subject  to  the  provisions  of 
this  act,  to  acquire  by  condemnation  the  property  of  any  street 
railway  company,  actually  used  and  useful  for  the  convenience  of 
the  public.     Same,  sec.  ijgyt-^{^i). 

Any  municipality  shall  have  the  power,  subject  to  the  pro- 
visions of  this  act,  to  acquire  by  purchase  as  provided  in  this  act, 

siso  the  property  of  any  street  railway  company  actually  used  and 
useful  for  the  convenience  of  the  public  operating  imder  any  in- 
determinate permit  as  provided  herein.  Same,  sec.  lygyt-sijz). 
If  the  municipality  shall  have  determined  to  acquire  an 
existing  plant  then  operated  under  a  license,  permit  or  franchise 
existing  at  the  time  this  act  takes  effect,  such  mimicipality  shall 
bring  an  action  in  the  circuit  court  against  the  street  railway 
company  as  defendant  praying  the  court  for  an  adjudication  as 

846 


to  the  necessity  of  such  taking  by  the  municipaHty,  in  which 
8231  action  the  complaint  shall  be  served  with  the  summons.  The 
street  railway  company  shall  serve  and  file  its  answer  to  such 
complaint  within  ten  days  after  the  service  thereof;  whereupon 
such  action  shall  be  at  issue  and  stand  ready  for  trial  upon  ten 
days'  notice  by  either  party.  All  such  actions  shall  have  pre- 
cedence over  any  civil  cause  of  a  different  nature  pending  in  such 
court.     Same,  sec.  iygyt-6. 

If  the  municipality  shall  have  determined  to  acquire  an 
existing  plant  and  the  street  railway  company  owning  such 
plant  shall  have  consented  to  the  taking  over  of  such  plant  by 
the  municipality  by  acceptance  of  an  indeterminate  permit  as 

3232  provided  herein;  or,  in  case  such  street  railway  company  shall  not 
have  consented  to  such  taking  if  the  jury  shall  have  found  that  a 
necessity  exists  for  the  taking  of  such  plant,  then  the  municipality 
shall  give  speedy  notice  of  such  determination  and  of  such  con- 
sent or  such  verdict  of  a  jury  to  the  street  railway  company  and 
to  the  commission.     Same,  sec.  lygyt-y. 

The  commission  shall  thereupon  after  public  hearing  and 
within  three  months  from  the  receipt  of  such  notice  and  upon 
notice  to  the  municipality  and  the  street  railway  company  in- 
terested, by  order  fix  and  determine  and  certify  to  the  municipal 
coimcil  and  to  the  street  railway  company,  just  compensation  to 
be  paid  for  the  taking  of  the  property  of  such  street  railway 
company  actually  used  and  useful  for  the  convenience  of  the 

3233  public,  and  all  other  terms  and  all  conditions  of  sale  and  pur- 
chase which  it  shall  ascertain  to  be  reasonable.  The  compen- 
sation and  other  terms  and  the  conditions  of  sale  and  purchase 
thus  certified  by  the  commission  shall  constitute  the  compen- 
sation and  terms  and  conditions  to  be  paid,  followed  and  ob- 
served in  the  purchase  of  such  plant  from  such  street  railway 
company  upon  the  filing  of  such  certificate  with  the  clerk  of  such 
municipality,  the  exclusive  use  of  the  property  taken  shall  vest 
in  such  municipality.     Same,  sec.  lygyt-S. 

Any  street  railway  company  or  the  municipality  being  dis- 
satisfied with  such  order,  may  commence  and  prosecute  an  action 

3234  in  the  circuit  court  to  alter  or  amend  such  order  or  any  part 
thereof  as  provided  in  sections  i797m-64  to  i797m-73  inclusive 
of  the  statutes,  and  said  sections  so  far  as  applicable  shall  apply 
to  such  action.     Same,  sec.  lygyt-g. 

If  the  plaintiff  shall  not  establish  to  the  full  satisfaction  of 
the  court  that  the  compensation  fixed  and  determined  in  such 

847 


order  is  unlawful  or  that  some  of  the  terms  or  conditions  fixed  and 
3236  determined  therein  are  in  some  particulars  imreasonable,  the 
compensation,  terms  and  conditions  fixed  in  said  order  shall  be 
the  compensation,  terms  and  conditions  to  be  paid,  followed  and 
observed  in  the  purchase  of  said  plant  from  such  street  railway- 
company.     Same,  sec.  ijgyt-io. 

If  the  plaintiff  shall  establish  to  the  full  satisfaction  of  the 
court  and  the  court  shall  adjudge  that  such  compensation  is  un- 
lawful or  that  some  of  such  terms  or  conditions  are  unreasonable, 

3236  the  court  shall  remand  the  same  to  the  commission  with  such 
findings  of  fact  and  conclusions  of  law  as  shall  set  forth  in  detail 
the  reasons  for  such  judgment  and  the  specific  particulars  in 
which  such  order  of  the  commission  is  adjudged  to  be  unreason- 
able or  imlawful.     Same,  sec.  lygp-ii. 

If  the  compensation  fixed  by  the  previous  order  of  the  com- 

3237  mission  be  adjudged  to  be  unlawful,  the  commission  shall  forth- 
with proceed  to  set  a  re-hearing  for  the  re-determination  of  such 
compensation  as  in  the  first  instance.     Same,  sec.  iygyt-i2{i). 

The  commission  shall  forthwith  otherwise  alter  and  amend 

3238  such  previous  order  with  or  without  a  re-hearing  as  it  may  deem 
necessary,  so  that  the  same  shall  be  reasonable  and  lawfiil  in 
every  particular.     Same,  sec.  iyg^t-i2{2). 


848 


CHAPTER    XII 

Stock  and  Bond  Issues 


SCOPE  NOTE 

This  chapter  includes  grants  of  power  authorizing 
commissions  to  regulate  the  capitalization  of  utilities. 
Provisions  of  general  corporation  law  prescribing  rules 
to  be  observed  in  stock  and  bond  issues  have  been  excluded. 
For  provisions  authorizing  commissions  to  ascertain  the 
valuation  of  utility  property,  see  ch.  iii,  on  basis  of  rate 
making.  For  provisions  involving  the  purchase  and  sale 
of  the  stocks  and  bonds  of  utilities,  see  ch.  xiii,  on  inter- 
corporate relations.  For  provisions  prescribing  general 
procedure  to  be  followed  in  the  exercise  of  commission 
authority,  see  ch.  xiv,  on  commission  procedure  and 
practice.  For  provisions  prescribing  general  rules  of 
enforcement  and  judicial  review,  see  ch.  xv,  on  enforce- 
ment. For  general  statement  of  scope  and  method,  see 
introduction. 


849 


ANALYSIS 

PAGE 

A.  Right  to  issue  stock  and  create  lien  a  special  privilege 851 

B.  State  does  not  guarantee  stocks  or  bonds 851 

C.  Authority  to  issue  stocks,  bonds  and  other  evidences  of  indebtedness; 

purposes;  application  to  commission 852 

D.  Power  of  commission  to  authorize  issues 868 

E.  Character  of  investigation  by  commission 872 

F.  Proceedings  for  obtaining  certificate  and  conditions  of  its  issue 874 

1.  Issues  for  money  only 874 

2.  Issues  for  other  than  money 875 

G.  Limitations  on  application  of  acts 877 

H.     Utilities  authorized  to  issue  notes  for  limited  periods  without  certificate  878 

I.       Issue  of  stocks  or  bonds  for  franchises  or  property  of  other  public  util- 
ities    880 

J.  Capitalization  of  reorganized  utilities 880 

K.  Unauthorized  issues  void 882 

L.  Application  of  proceeds  of  issues 883 

M.  Duty  of  utilities  to  account  to  commission  for  disposition  of  proceeds.  885 

N.  Certificate  of  authorization  required  to  be  recorded 885 

O.  Contract  for  consolidation  or  lease  shall  not  be  capitalized 886 

P.  Franchises  not  to  be  capitalized 886 

Q.  Capital  of  consolidated  corporations 888 

R.     Manner  in  which  railroads  and  street  railways  may  increase  capital 

issues  for  special  purposes  designated 889 

S.      Stock  or  scrip  dividends 893 

T.     Sale  of  stock  to  stockholders  and  auction  clause 893 

U.     Penalties  for  violations  of  capitalization  provisions 902 


850 


A.  RIGHT  TO  ISSUE  STOCK  AND  CREATE 

LIEN   A   SPECIAL   PRIVILEGE. 

ARIZONA,  CALIFORNIA 

The  power  of  public  utilities^  to  issue  stocks 
and  stock  certificates  and  bonds,  notes  and  other  evidences  of 
indebtedness  and  to  create  liens  on  their  property  situated 

8239  within  this  state  is  a  special  privilege,  the  right  of  supervision, 
regulation,  restriction  and  control  of  which  is  and  shall  continue 
to  be  vested  in  the  state,  and  such  power  shall  be  exercised  as 
provided  by  law  and  under  such  rules  and  regulations  as  com- 
mission may  prescribe.  Ariz. — Sess.  Laws  IQ12,  ch.  gOy  sec.  52{a)y 
Col. — Stats.  iQii,  ist.  ex.  sess.,  ch.  14,  sec.  52{a). 

KANSAS  The  power  to  create  liens  on  corporate  prop- 

erty situated  within  the  state  of  Kansas  by  companies  trans- 
acting the  business  of  common  carriers,  as  defined  in  the  laws 
of  this  state,  and  public  utilities  governed  by  the  provisions  of 
this  act  in  this  state  is  a  special  privilege,  the  right  of  super- 
vision, regulation,   restriction  and  control  of  which  shall  be 

8240  vested  in  the  state,  and  such  power  shall  be  exercised  accord- 
ing to  law,  and  the  provisions  of  this  act  shall  apply  to  all  com- 
panies organized  under  the  laws  of  other  states  of  the  Union 
and  of  foreign  countries,  as  well  as  to  domestic  corporations, 
transacting  business  in  this  state  as  a  common  carrier  or  as  a 
public  utility  governed  by  the  provisions  of  this  act.  Laws 
iQii,  ch.  238,  sec.  24a. 

WISCONSIN  The  power  to  create  liens  on  corporate  property 

by  public  service  corporations  in  this  state  is  a  special  privilege, 

8241  the  right  of  supervision,  regulation,  restriction  and  control  of 
which  shall  be  vested  in  the  state,  and  such  power  shall  be 
exercised  according  to  the  provisions  of  these  statutes.  Laws 
IQII,  ch.  593,  sec.  1753-2. 

B.  STATE  DOES  NOT  GUARANTEE  STOCKS 

OR  BONDS. 

ARIZONA,  CALIFORNIA 

No  provision  of  this  act  and  no  deed  or  act 
done  or  performed  imder  or  in  connection  therewith  shall  be  held 
or  construed  to  obligate  the  State  of  Arizona  (California)  to  pay 

*  '*  Public  service  coiporation,"  in  Arizona. 

8si 


3242  or  guarantee  in  any  manner  whatsoever  any  stock  or  stock  cer- 
tificate or  bond,  note  or  other  evidence  of  indebtedness  author- 
ized issued  or  executed  under  the  provisions  of  this  act.  Ariz- 
— Sess.  Laws  igi2,  ch.  go,  sec.  52{g),  Cat. — Stats,  igii,  ist.  ex. 
sess.,  ch.  14,  sec.  S^ig)- 

C.  AUTHORITY  TO  ISSUE  STOCKS,  BONDS 
AND  OTHER  EVIDENCES  OF  INDEBT- 
EDNESS; PURPOSES;  APPLICATION  TO 
COMMISSION. 

ARIZONA,  CALIFORNIA 

A  public  utility^  may  issue  stocks  and  stock 
certificates,  and  bonds,  notes  and  other  evidences  of  indebted- 
ness payable  at  periods  of  more  than  12  months  after  the  date 
thereof  for  the  following  purposes  and  no  others,  namely,  for  the 
acquisition  of  property,  or  for  the  construction,  completion,  ex- 
tension or  improvement  of  its  facilities,  or  for  the  improvement  or 
maintenance  of  its  service,  or  for  the  discharge  or  lawful  refimd- 
ing  of  its  obligations,  or  for  the  reimbursement  of  moneys  act- 
ually expended  from  income  or  from  any  other  moneys  in  the 
treasury  of  the  public  utility^  not  secured  by  or  obtained  from 
the  issue  of  stocks  or  stock  certificates,  or  bonds,  notes  or  other 
evidences  of  indebtedness  of  such  public  utility,  ^  within  five 
years  next  prior  to  the  filing  of  an  application  with  the  commis- 
sion for  the  required  authorization,  for  any  of  the  aforesaid  pur- 
poses except  maintenance  of  service  and  replacements,  in  cases 

3243  where  the  applicant  shall  have  kept  its  accoimts  and  vouchers 
for  such  expenditures  in  such  manner  as  to  enable  the  commis- 
sion to  ascertain  the  amount  of  moneys  so  expended  and  the 
purposes  for  which  such  expenditure  was  made;  provided,  that 
such  public  utility,^  in  addition  to  the  other  requirements  of  law, 
shall  first  have  secured  from  the  commission  an  order  author- 
izing such  issue  and  stating  the  amoimt  thereof  and  the  purpose 
or  purposes  to  which  the  issue  or  the  proceeds  thereof  are  to  be 
applied,  and  that,  in  the  opinion  of  the  commission,  the  money, 
property  or  labor  to  be  procured  or  paid  for  by  such  issue  is 
reasonably  required  for  the  purpose  or  purposes  specified  in  the 
order,  and  that,  except  as  otherwise  permitted  in  the  order  in  the 
case  of  bonds,  notes  or  other  evidences  of  indebtedness,  such 
purpose  or  purposes  are  not,  in  whole  or  in  part,  reasonably 
chargeable  to  operating  expenses  or  to  income.     Ariz. — Sess. 

*  "  Public  service  corporation,"  in  Arizona. 

852 


Laws  igi2,  ch.  go,  sec.  52(6);  Cal. — Stats,  igii,  ist.  ex.  sess.,  ch. 
14,  sec.  j2(b). 

GEORGIA  Each  of  the  companies  or  corporations  over 

which  the  authority  of  commission  is  extended  by  law  shall  be 
required  to  furnish  said  commission  a  list  of  any  stocks  and 
bonds,  the  issuance  of  which  is  contemplated  and  it  shall  be  un- 
lawful for  any  of  said  companies  or  corporations  to  issue  stocks, 
bonds,  notes,  or  other  evidences  of  debt,  payable  more  than  1 2 
months  after  the  date  thereof,  except  upon  the  approval  of  said 
comjnission,  and  then  only  when  necessary  and  for  such  amount 
as  may  be  reasonably  required  for  the  acquisition  of  property, 

3244  the  construction  and  equipment  of  power  plants,  car-sheds  and 
the  completion,  extension,  or  improvements  of  its  facilities  or 
properties,  or  for  the  improvement  or  maintenance  of  its  service, 
or*for  the  discharge  or  lawful  refunding  of  its  obligations  or  for 
lawful  corporate  piirposes  fallingwithin  the  spirit  of  this  provision, 
the  decision  of  the  commission  to  be  final  as  to  the  validity  of  the 
issue.  Before  issuing  such  stocks,  bonds,  notes,  or  other  evi- 
dence of  debt,  as  above  mentioned,  such  corporations  or  com- 
panies shall  secure  an  order  from  the  commission  authorizing 
such  issue,  the  amount  thereof,  and  the  purpose  and  use  for 
which  the  issue  is  authorized.     Code  igii,  sec.  2665. 

Any  commissioner  or  any  employe  of  said  commission  who 
shall  disclose  or  impart  to  anyone,  except  when  legally  called 
upon  by  a  court  of  competent  jurisdiction,  any  fact,  knowledge 

3246  of  which  was  obtained  in  his  official  capacity  from  or  through 
any  proceeding  filed  with  the  said  commission  under  this  section, 
shall  be  guilty  of  a  misdemeanor:  Provided,  that  this  shall  not 
apply  to  such  facts  or  information  obtained  through  public  hear- 
ings or  such  as  are  not  confidential  in  their  nature.     Same. 

KANSAS  A  public  utility  or  common  carrier  may  issue 

stocks,  certificates,  bonds,  notes  or  other  evidences  of  indebted- 
ness, payable  at  periods  of  more  than  12  months  after  the  date 
thereof,  when  necessary  for  the  acquisition  of  property,  for  the 
purpose  of  carrying  out  its  corporate  powers,  the  construction, 
completion,  extension  or  improvements  of  its  facilities,  or  for 
the  improvements  or  maintenance  of  its  service,  or  for  the  dis- 

3246  charge  or  lawful  refunding  of  its  obligations,  or  for  such  other 
purposes  as  may  be  authorized  by  law;  provided,  and  not  other- 
wise, that  there  shall  have  been  secured  from  the  commission  a 
certificate  stating  the  amoimt,  character,  purposes  and  terms  on 

853 


which  such  stocks,  certificates,  bonds,  notes  or  other  evidences 
of  indebtedness  are  proposed  to  be  issued,  as  set  out  in  the  appHca- 
tion  for  such  certificate,  and  that  the  statements  contained  in 
such  application  have  been  ascertained  to  be  true.  Laws  igu, 
ch.  2j8,  sec.  25. 

MARYLAND  A  common  carrier,  railroad  corporation,  street 

railroad  corporation,  or  other  corporation  subject  to  the  pro- 
visions of  this  act  (or  a  gas  or  electrical  corporation),  organized 
or  existing,  or  hereafter  incorporated,  under  or  by  virtue  of  the 
laws  of  the  state  of  Maryland,  may  issue  stocks,  bonds,  notes 
or  other  evidence  of  indebtedness,  payable  at  periods  of  more 
than  12  months  after  the  date  thereof,  when  necessary  for  the 
acquisition  of  property,  the  construction,  completion,  extension 
or  improvement  of  its  facilities,  or  for  the  improvement  or 
maintenance,  extension  or  improvement  of  its  facilities  (or  for 
the  construction,  completion,  extension  or  improvement  of  its 
plant  or  distributing   system  in  the  case  of  gas  or  electrical 

3247  corporations),  or  for  the  improvement  or  maintenance  of  its 
service,  or  the  discharge  or  lawful  refunding  of  its  obligations;  pro- 
vided, and  not  otherwise,  that  there  shall  have  been  secured 
from  commission  an  order  authorizing  such  issue,  and  the  amount 
thereof,  and  stating  that,  in  the  opinion  of  the  commission,  the 
use  of  the  capital  to  be  secured  by  the  issue  of  such  stocks,  bonds 
or  other  evidence  of  indebtedness  is  reasonably  required  for  the 
said  purposes  of  the  common  carrier,  railroad  corporation,  street 
railroad  corporation  or  such  corporations  (or  for  the  said  pur- 
poses of  the  corporation  in  the  case  of  gas  or  electrical  corpora- 
tions). Laws  1 910,  ch.  180,  sec.  27  (common  carrier,  railroad  and 
street  railroad  corporations),  sec.  34  {gas  and  electrical  corpora- 
tions), sec.  41  (telephone  and  telegraph  companies),  sec.  42  (water, 
heat,  refrigerator  and  power  companies). 

MASSACHUSETTS  Railroad  corporations  and  street  railway  com- 
panies shall  issue  only  such  amounts  of  stock  and  bonds,  coupon 
notes  and  other  evidences  of  indebtedness  payable  at  periods  of 
more  than  12  months  after  the  date  thereof,  and  gas^  and  elec- 
tric light^  companies,  corporations  established  for  and  engaged 
in  the  business  of  transmitting  intelligence  by  electricity,  aque- 
duct and  water  companies,  shall  issue  only  such  amount  of  stock 

•  No  gas  company,  unless  specially  authorized,  shall  issue  any  bonds  at  less  than  the 
par  value,  nor  for  an  amount  exceeding  its  capital  actually  paid  in  and  applied  to  the  pur- 
I>oses  of  its  incoiporation.    Rev.  Laws  1902,  ch.  121,  sec.  10. 

2  No  bonds  shall  be  issued  by  any  corporation  furnishing  electricity  for  light  or  power 
for  an  amount  exceeding  its  capital  then  actually  paid  in  and  applied  to  the  purposes  Qf 
the  corporation.    Some,  sec.  12. 

854 


8148  and  bonds,  as  the  railroad  commission  in  the  case  of  railroad 
corporations  or  street  railway  companies,  the  gas  and  electric 
light  commission  in  the  case  of  gas  or  electric  light  companies, 
may  from  time  to  time  vote,  or  the  commissioner  of  corpora- 
tions in  the  case  of  other  corporations  hereinbefore  specified  may 
from  time  to  time  determine,  is  reasonably  necessary  for  the  pur- 
pose for  which  such  issue  of  stock  or  bonds  has  been  authorized. 
Rev.  Laws  1Q02,  ch.  log,  sec.  24.^ 

The  supreme  judicial  court  or  the  superior  court  shall  have 
jurisdiction  in  equity,  upon  the  application  of  the  railroad  com- 
mission, the  gas  and  electric  light  commission,  the  commissioner 
8249  of  corporations,  respectively,  of  the  attorney  general,  of  any 
stockholder  or  of  any  interested  party,  to  enforce  the  provisions 
of  the  three  preceding  sections  and  all  lawful  orders  and  decisions, 
conditions  or  requirements  of  said  boards  or  commissioner  made 
in  pursuance  thereof.     Same,  sec.  27. 

Any  corporation  which  is  organized  under  the  laws  of  this 
commonwealth  and  is  authorized  to  erect  and  maintain  poles, 
wires  or  other  fixtures  in,  over  or  imder  streets  and  highways 
for  the  purpose  of  furnishing  electricity  for  light  or  power  may 
secure  the  payment  of  bonds  issued  by  it  by  a  mortgage  of  its 
franchise  in  connection  with  its  corporeal  property,  so  that  all 
persons  who  acquire  any  poles,  wires  or  fixttires  by  virtue  of 
such  mortgage  shall  have  the  same  rights  and  be  subject  to  the 
3260  same  obligations  relative  to  their  erection,  care  and  mainte- 
nance as  the  corporation  would  have  had  or  been  subject  to  if 
the  mortgage  had  not  been  made.  Such  mortgage  and  all 
bonds  shall  be  authorized  by  vote  of  a  majority  in  interest  of 
the  stockholders  of  the  corporation  at  a  meeting  called  for  that 
purpose;  and  the  rate  of  interest  on  such  bonds  shall  not  exceed 
six  per  cent,  per  annum.  No  bonds  shall  be  issued  by  any  such 
corporation  for  an  amount  exceeding  its  capital  then  actually 
paid  in  and  applied  to  the  purposes  of  the  corporation.  Rev. 
Laws  igo2,  ch.  121,  sec.  12. 

A  railroad  corporation  shall  issue  only  such  amoimts  of 
stock  and  bonds,  coupon  notes  and  other  evidences  of  indebted- 
ness payable  at  periods  of  more  than  12  months  after  the  date 
3251  thereof,  as  railroad  commission  may  from  time  to  time  determine 
to  be  reasonably  necessary  for  the  purpose  for  which  such  issue 
of  stock  or  bonds  has  been  authorized.  Acts  igo6y  ch.  463,  pt. 
it,  sec.  65. 

*  This  section  is  repealed  so  far  as  it  applies  to  railroad  corporations  and  street  railway 
companies. 

85s 


The  supreme  judicial  court  or  the  superior  court  shall  have 
jurisdiction  in  equity  upon  the  application  of  railroad  commis- 
sion, of  the  attorney-general,  of  any  stockholder,  or  of  any  in- 
32S2  terested  parties,  to  enforce  the  provisions  of  the  two  preceding 
sections^  and  all  lawful  orders  and  decisions,  conditions  or  re- 
quirements of  said  board  made  in  pursuance  thereof.  Same, 
sec.  67. 

Upon  the  petition  of  a  street  railway  company  for  authority 
to  reduce  its  capital  stock,  presented  in  accordance  with  a  vote  of 
the  stockholders  at  a  meeting  called  for  the  purpose,  the  railroad 
commission  may,  after  a  hearing  and  such  examination  of  the 
financial  condition  of  the  company,  as  it  considers  necessary, 
authorize  such  reduction  to  be  made,  if  it  appears  to  be  consistent 
with  the  public  interests  and  with  the  limitations  imposed  by 
general  or  special  laws.  A  certificate  of  the  amount  of  the  reduc- 
tion and  of  any  terms  and  conditions  imposed  shall  be  forthwith 

3263  filed  by  commission  in  the  office  of  the  secretary  of  the  common- 
wealth. When  such  reduction  is  made,  no  money  or  other  prop- 
erty shall  be  paid  or  transferred  to  the  stockholders  unless  spe- 
cially authorized  by  said  commission,  and  by  a  vote  of  the 
directors  of  the  company  taken  by  yeas  and  nays  at  a  meeting 
called  for  the  purpose.  The  directors  who  vote  therefor  shall 
be  jointly  and  severally  liable  for  the  debts  or  contracts  of  the 
company  which  exist  at  the  time  when  the  capital  stock  is  re- 
duced, to  the  extent  of  the  money  or  property  paid  or  trans- 
ferred to  the  stockholders.     Same,  pt.  Hi,  sec.  104. 

A  street  railway  company  shall  issue  only  such  amounts  of 
stock  and  bonds,  coupon  notes  and  other  evidences  of  indebted- 

3264  ness  payable  at  periods  of  more  than  12  months  after  the  date 
thereof,  as  the  railroad  commission  may  from  time  to  time  de- 
termine to  be  reasonably  necessary  for  the  purpose  for  which  such 
issue  of  stock  or  bonds  has  been  authorized.  Same,  pt.  Hi, 
sec.  loy. 

The  supreme  judicial  court  or  the  superior  court  shall  have 
jurisdiction  in  equity,  upon  the  application  of  the  board  of  rail- 
8268  road  commission,  of  the  attorney-general,  of  any  stockholder  or 
of  any  interested  party,  to  enforce  the  provisions  of  the  two  pre- 
ceding sections^  and  all  lawful  orders  and  decisions,  conditions 

'Section  66  provides  that  a  railroad  corporation,  unless  expressly  authorized  by  its 
charter  or  by  special  law,  shall  not  issue  bonds,  coupon  notes  or  other  evidence  of  indebt- 
edness, payable  at  periods  of  more  than  12  months  after  the  date  thereof,  to  an  amount 
which  exceeds  in  the  whole  the  amount  of  its  capital  stcok  at  the  time  actually  paid  in. 

2  Section  108  provides  that  a  street  railway  company,  unless  expressly  authorized  by 
its  charter  or  by  special  law,  shall  not  issue  bonds,  coupon  notes  or  other  evidences  of  in- 
debtedness, payable  at  periods  of  more  than  12  months  after  the  date  thereof,  to  an  amount 
which  exceeds  in  the  whole  the  amount  of  its  capital  stock  at  the  time  actually  paid  in. 

856 


or  requirements  of  said  commission  made  in  piirsuance  thereof. 
Same,  pt.  Hi,  sec.  log. 

In  computing  the  amount  of  capital  stock  of  a  railroad  cor- 
poration, electric  railroad,  street  railway  or  elevated  railway 
company  for  the  purpose  of  determining  the  maximum  amount 
of  bonds,  coupon  notes  or  other  evidences  of  indebtedness, 
payable  at  periods  of  more  than  12  months  after  the  date 
thereof,  under  the  provisions  of  sections  48,  57,  66  of  part  II, 
or  of  section  108  of  part  ill,  of  chapter  463  of  the  acts  of  463 
and  under  any  similar  provisions  of  any  special  acts  limiting 
the  amount  of  such  securities,  which  a  railroad  corporation,  an 
electric  railroad,  a  vStreet  railway  or  elevated  railway  company 
may  issue,  to  the  amount  of  its  capital  stock  at  the  time  actu- 

3266  ally  paid  in,  there  shall  be  added  to  the  par  value  of  the  capital 
stock  all  cash  premiums  paid  into  the  corporation  on  all  shares 
issued  by  such  corporation  or  company  subsequent  to  July  9, 
1894,  under  the  provisions  of  chapter  462  of  the  acts  of  1894 
or  of  any  similar  provisions  of  law,  and  the  maximimi  amount 
of  such  bonds,  notes  and  other  evidences  of  indebtedness  which 
such  corporations  or  company,  unless  expressly  authorized  by 
its  charter  or  by  special  law,  may  issue  with  the  approval  of 
railroad  commission,  shall  be  limited  to  the  aggregate  amount 
of  its  issued  and  outstanding  capital  stock,  determined  as  pro- 
vided in  this  act,  and  actually  paid  into  its  treasury.  Acts  igo8, 
ch.  620,  sec.  I. 

MICHIGAN  Any  corporation  or  association,  except  munic- 

ipal corporations,  organized  and  existing,  or  which  may  here- 
after be  organized  or  authorized  to  do  business  under  the  laws  of 
this  state,  or  any  lessee  or  trustee  thereof,  or  any  person  or  per- 
sons owning,  conducting,  managing,  operating,  or  controlling  any 
plant  or  equipment  used  wholly  or  in  part  in  the  business  of 
transmitting  messages  by  telephone  or  telegraph,  producing  or 
furnishing  heat,  light,  water  or  mechanical  power  to  the  public, 

3267  directly  or  indirectly,  and  any  railroad,  interurban  railroad  or 
other  common  carrier  may  issue  stocks,  bonds,  notes  or  other 
evidences  of  indebtedness  payable  at  periods  of  more  than  12 
months  after  the  date  thereof,  when  necessary  for  the  acquisition 
of  property,  the  construction,  completion,  extension  or  improve- 
ment of  facilities  or  for  the  improvement  or  maintenance  of 
service  or  for  the  discharge  or  lawful  refundiag  of  obligations: 
Provided,  that  there  shall  have  been  secured  from  commission  an 
order  authorizing  such  issue  and  the  amount  thereof,  and  stating 

857 


that  in  the  opinion  of  commission  the  use  of  the  capital  or 
property  to  be  acquired  to  be  secured  by  the  issue  of  such  stock, 
bonds,  notes  or  other  evidences  of  indebtedness,  is  reasonably 
required  for  the  purposes  of  such  person,  corporation  or  associa- 
tion. Any  such  person,  corporation  or  association  desiring 
authority  to  issue  stocks,  bonds,  notes  or  other  evidences  of  in- 
debtedness shall  make  written  application  therefor  to  the  said 
commission  in  such  form  as  commission  may  require:  Provided 
that  the  provisions  of  this  act  shall  apply  to  all  stock,  shares, 
bonds  or  notes  issued  to  or  taken  by  the  incorporators  or  their 
agents,  assigns  or  trustees  of  any  such  corporation  or  association 
in  the  first  instance.     Pub.  Acts  igii,  no.  lyy,  sec.  i. 

NEBRASKA.  A  common  carrier  or  public  service  corporation 

organized,  and  incorporated  or  hereafter  incorporated,  under  or 
by  virtue  of  the  laws  of  Nebraska,  may  issue  stocks,  bonds,  notes 
or  other  evidence  of  indebtedness  payable  at  period  of  more 
than  12  months  after  the  date  thereof,  when  necessary  for  the 
acquisition  of  property,  the  construction,  completion,  extension 
or  improvement  of  its  facilities,  or  for  the  improvement  or  main- 

sass  tenance  of  its  service  or  for  the  discharge  or  lawfiil  refunding  of 
its  obligations,  provided,  and  not  otherwise,  that  there  shall  have 
been  seciu*ed  from  commission  an  order  authorizing  such  issue 
and  the  amount  thereof  and  stating  that  in  the  opinion  of  com- 
mission the  use  of  the  capital  to  be  secured  by  the  issue  of  such 
stock,  bonds,  notes  or  other  evidence  of  indebtedness  is  reason- 
ably required  for  the  said  purposes  of  the  corporation.  Acts 
IQOQ,  ch.  io8,  sec.  i. 

NEW  HAMPSHIRE  No  railroad  corporation  or  public  utility  shall 
issue  any  stock,  bonds,  notes  or  other  evidences  of  indebtedness 

8S59  payable  more  than  12  months  after  the  date  thereof,  without 
first  proctiring  an  order  of  commission  authorizing  the  same. 
Laws  iQii,  ch.  164,  sec.  14(0). 

NEW  JERSEY  No  public  utility  as  herein  defined  shall  here- 

after issue  any  stocks,  stock  certificates,  bonds  or  other  evidences 

8360  of  indebtedness  payable  in  more  than  one  year  from  the  date 
thereof  imtil  it  shall  have  first  obtained  authority  from  com- 
mission for  such  proposed  issue.     Laws  igii,  ch.  ig^,  sec.  18(e). 

NEW  YORK  A   common  carrier,   railroad  corporation  or 

street  railroad  corporation  (or  a  gas  or  electrical  corporation) 
organized  or  existing,  or  hereafter  incorporated,  imder  or  by 
virtue  of  the  laws  of  this  state,  may  issue  stocks,  bonds,  notes  or 

858 


other  evidence  of  indebtedness  payable  at  periods  of  more  than 
12  months  after  the  date  thereof,  when  necessary  for  the  acquisi- 
tion of  property,  the  construction,  completion,  extension  or  im- 
provement of  its  facilities  (or  plant  or  distributing  system  in  the 
case  of  gas  or  electrical  corporations),  or  for  the  improvement  or 
maintenance  of  its  service  or  for  the  discharge  or  lawful  refunding 
of  its  obligations  or  for  the  reimbursement  of  moneys  actually 
expended  from  income,  or  from  any  other  moneys  in  the  treasury 
of  the  corporation  not  secured  by  or  obtained  from  the  issue  of 
stocks,  bonds,  notes  or  other  evidence  of  indebtedness  of  such 
corporation  within  five  years  next  prior  to  the  filing  of  an  appli- 
cation with  the  proper  commission  for  the  required  authoriza- 
tion, for  any  of  the  aforesaid  purposes  except  maintenance  of 
service  and  except  replacements  in  cases  where  the  applicant 
shall  have  kept  its  accounts  and  vouchers  of  such  expenditure  in 
such  manner  as  to  enable  commission  to  ascertain  the  amount 
of  moneys  so  expended  and  the  purposes  for  which  such  expendi- 
8261  ture  was  made;  provided,  and  not  otherwise,  that  there  shall  have 
been  secured  from  the  proper  commission  an  order  authorizing 
such  issue,  and  the  amount  thereof  and  stating  the  purposes  to 
which  the  issue  or  proceeds  thereof  are  to  be  applied,  and  that,  in 
the  opinion  of  the  commission,  the  money,  property  or  labor  to 
be  procured  or  paid  for  by  the  issue  of  such  stock,  bonds,  notes 
or  other  evidence  of  indebtedness  is  or  has  been  reasonably  re- 
quired for  the  purposes  specified  in  the  order,  and  that  except  as 
otherwise  permitted  in  the  order  in  the  case  of  bonds,  notes  and 
other  evidence  of  indebtedness,  such  purposes  are  not,  in  whole 
or  in  part,  reasonably  chargeable  to  operating  expenses  or  to  in- 
come. Nothing  herein  contained  shall  prohibit  the  commission 
from  giving  its  consent  to  the  issue  of  bonds,  notes  or  other  evi- 
dence of  indebtedness  for  the  reimbursement  of  moneys  hereto- 
fore actually  expended  from  income  for  any  of  the  aforesaid 
purposes,  except  maintenance  of  service  and  replacements, 
prior  to  five  years  next  preceding  the  filing  of  an  application 
therefor,  if  in  the  judgment  of  the  commission  such  consent 
should  be  granted;  provided  application  for  such  consent  shall 
be  made  prior  to  January  i,  191 2.  Laws  igio,  ch.  480,  sec.  ^5 
{common  carrier,  railroad  and  street  railroad  corporations),  sec.  6g 
(gas  and  electrical  corporations). 

Held,  that  in  the  case  of  a  gas  and  electrical  corporation  the 
commission  has  no  power  to  withhold  approval  of  an  issue  of 
securities  merely  to  prevent  competitor  from  entering  the  field 
of  an  existing  company.  People  vs.  Public  Service  Commission, 
122  N.  Y.  S.  641. 

859 


As  the  public  service  law  leaves  the  management  of  its  affairs 
with  the  corporation  except  in  so  far  as  clearly  affected,  it  was 
held,  that  the  commission  had  no  right  to  refuse  approval  of  an 
issue  of  securities  to  refund  legal  obligation,  in  the  manner  pro- 
vided by  the  statute,  upon  the  ground  that  the  debt  was  greater 
than  should  have  been  incurred  for  the  purpose.  People  ex.  rel. 
Delaware  and  Hudson  Company  vs.  Stevens,  igy  N.  Y.  i. 

Under  section  55  the  commission  is  not  justified  in  refusing 
to  consent  to  the  issue  of  securities  by  a  railroad  corporation  un- 
der a  plan  of  reorganization  after  foreclosure  because  the  value 
of  the  mortgaged  property  and  amount  of  new  capital  to  be  sub- 
scribed is  less  than  the  amount  of  securities  to  be  issued.  People 
ex.  rel.  Third  Ave.  Railway  vs.  Public  Service  Commission,  203 
N.  Y.  299. 

The  commission  has  no  power  to  permit  an  issue  of  securities 
not  permitted  by  the  terms  of  the  statute  upon  condition  that 
outstanding  stock  of  the  utility  be  canceled;  but  can  simply  de- 
termine whether  the  proposed  issue  of  stock  is  in  accordance 
with  the  statute.  People  ex.  rel.  Binghamton  L.,  H.  &f  P.  Co.  vs. 
Stei<ens,  20 j  N.  Y.  789. 

Where  railroad  company  sold  certain  rolling  stock  to  a  trust 
company  which  leased  it  to  other  roads  which  gave  trust  com- 
pany certificates  to  be  paid  in  instalments,  but  called  rent,  it  was 
held,  that  this  was  "other  evidences  of  indebtedness"  within  sec- 
tion 55  and  consent  of  the  commission  should  be  received.  Peo- 
ple vs.  New  York  Central  &  H.  R.  R.,  92  N.  E.  (N.  Y.)  1096. 

A  telegraph  or  telephone  corporation  may  when  authorized 
by  order  of  commission,  and  not  otherwise,  issue  stock,  bonds, 
notes  or  other  evidence  of  indebtedness  payable  at  periods  of 
more  than  12  months  after  the  date  thereof  when  necessary  for 
the  acquisition  of  property,  the  construction,  completion,  ex- 
tension or  improvement  of  its  facilities  or  the  improvement  or 
maintenance  of  its  service  within  the  state,  or  for  the  discharge 
or  lawful  refunding  of  its  obligation,  or  reimbursement  of  moneys 
actually  expended  from  the  income  from  any  source,  within  five 
years  next  prior  to  the  filing  of  the  application  therefor,  or  for 
any  of  such  purposes,  provided,  however,  that  no  order  shall  be 
3262  granted  authorizing  such  issue  for  reimbursement  of  moneys  ex- 
pended from  income  for  betterments  or  replacements  unless  the 
applicant  shall  have  kept  its  accounts  and  vouchers  of  such  ex- 
penditures in  such  manner  as  to  enable  the  commission  to 
ascertain  the  amount  of  moneys  so  expended  and  the  purposes 
for  which  such  expenditures  were  made.  The  commission  may 
by  order  authorize  the  issue  of  bonds,  notes  or  other  evidence  of 
indebtedness  for  the  reimbursement  of  moneys  heretofore 
actually  expended  from  income  for  any  of  the  purposes  herein 
specified,  except  maintenance  of  service  or  replacements  prior  to 
five  years  next  preceding  the  filing  of  the  application  therefor, 
provided  such  application  be  made  prior  to  January  i,  19 12. 
Same,  sec.  ioi{i). 

860 


Subject  to  the  limitations  and  requirements  of  this  chapter 
and  of  the  public  service  commissions  law  every  railroad  cor- 
poration, in  addition  to  the  powers  given  by  the  general  and 
stock  corporation  laws,  shall  have  power  from  time  to  time  to 
borrow  such  sums  of  money  as  may  be  necessary  for  completing 
and  finishing  or  operating  or  improving  its  railroad,  or  for  any 
other  of  its  lawful  purposes  and  to  issue  and  dispose  of  its  bonds 
for  any  amoimt  so  borrowed,  and  to  mortgage  its  property  and 
franchises  to  secure  the  payment  of  any  debts  contracted  by  the 
'  company  for  the  purposes  aforesaid,  notwithstanding  any  limita- 
tion on  such  power  contained  in  any  general  or  special  law. 
But  no  mortgage  except  purchase-money  mortgages  shall  be 
issued  by  any  railroad  corporation  imder  this  chapter,  or  any 
other  law,  without  the  consent  of  the  commission,  and  the  con- 
sent of  the  stockholders  owning  at  least  two-thirds  of  the  stock 
of  the  corporation,  which  consent  shall  be  in  writing,  and  shall 
be  given  and  certified  and  be  filed  and  recorded  in  the  office  of 
the  clerk  or  register  of  the  county  where  it  has  its  principal  place 
of  business,  as  provided  in  section  six  of  the  stock  corporation 
law;  or  else  the  consent  of  the  public  service  commission  and  the 
consent  by  their  votes  of  stockholders  owning  at  least  two-thirds 
3263  of  the  stock  of  the  corporation  which  is  represented  and  voted 
upon  in  person  or  by  proxy  at  a  meeting  called  for  that  purpose 
upon  a  notice  stating  the  time,  place  and  object  of  the  meeting, 
served  at  least  three  weeks  previously  upon  each  stockholder 
personally,  or  mailed  to  him  at  his  post  office  address,  and  also 
published  at  least  once  a  week  for  three  weeks  successively  in 
some  newspaper  printed  in  the  city,  town  or  county  where  such 
corporation  has  its  principal  office,  and  a  certificate  of  the  vote 
at  such  meeting  shall  be  signed  and  sworn  to  and  shall  be  filed 
and  recorded  as  provided  by  section  six  of  the  stock  corporation 
law.     When  authorized  by  the  stockholders'  consent  to  any 
bonds  made  or  issued  imder  this  section,  the  directors,  under 
such  regulations  as  they  may  adopt,  may  confer  on  the  holder  of 
any  such  bonds  the  right  to  convert  the  principal  thereof,  after 
two  and  not  more  than  1 2  years  from  the  date  of  the  bond,  into 
stock  of  the  corporation  at  a  price  fixed  by  the  board  of  directors, 
which  may  be  either  par  or  a  price  not  less  than  the  market 
value  thereof  at  the  date  of  such  consent  to  such  bonds;  and  if  the 
capital  stock  shall  not  be  sufficient  to  meet  the  conversion  when 
made,  the  board  of  directors  shall  authorize  an  increase  of  capital 
stock  sufficient  for  that  purpose.     Laws  igio,  ch.  481,  sec.  8{io), 

861 


Subject  to  the  approval  of  the  public  service  commission 
of  the  proper  district,  any  freight  terminal  corporation  may 
issue  stocks,  bonds,  notes  or  other  evidences  of  indebtedness, 
payable  at  periods  of  more  than  1 2  months  after  the  date  there 
of,  when  necessary  for  the  acquisition  of  property,  the  construc- 
tion completion,  extension,  improvement  or  equipment  of  its 
plant,  or  the  improvement  or  maintenance  of  its  service,  or  for 
the  discharge  or  lawful  refunding  of  its  obligations,  and  may 
mortgage  its  property,  privileges  and  franchises  to  secure  its 
8S64  bonds,  whether  convertible  into  stock  or  otherwise,  and  increase 
or  decrease  its  capital  stock;  provided,  and  not  otherwise,  that 
as  to  any  such  issue  or  increase,  there  shall  have  been  secured 
from  such  public  service  commission  an  order  stating  that,  in 
the  opinion  of  commission,  the  use  of  the  capital  to  be  secured 
by  the  issue  of  such  stock,  bonds,  notes  or  other  evidences  of 
indebtedness  is  reasonably  required  for  the  said  purposes  of  the 
corporation,  specifying  the  amount  of  the  issue  of  each  such 
evidence  of  indebtedness  approved  and  authorizing  such  issue. 
Laws  igii,  ch.  775,  sec.  i57{a). 

OHIO  A  public  utility  or  a  railroad  may  when  au- 

thorized by  order  of  commission  and  not  otherwise  issue  stocks, 
bonds,  notes  and  other  evidences  of  indebtedness,  payable  at 
periods  of  more  than  12  months  after  date  thereof,  when  neces- 
sary for  the  acquisition  of  property,  the  construction,  comple- 
tion, extension  or  improvement  of  its  facilities  or  for  the  improve- 
ment or  maintenance  of  its  service,  or  for  the  reorganization  or 
readjustment  of  its  indebtedness  and  capitalization,  or  for  the 
discharge  or  lawful  refunding  of  its  obligations,  or  for  the  re- 
imbursement of  moneys  actually  expended  from  income  or  from 
any  other  moneys  in  the  treasviry  of  the  public  utility  or  railroad 
not  secured  or  obtained  from  the  issue  of  stocks,  bonds,  notes  or 
other  evidences  of  indebtedness  of  such  public  utility  or  railroad 

SS65  within  five  years  next  prior  to  the  filing  of  an  application  there- 
for as  herein  provided,  or  for  any  of  the  aforesaid  purposes  ex- 
cept maintenance  of  service  and  except  replacements  in  cases 
where  the  applicant  shall  have  kept  its  accounts  and  vouchers  of 
such  expenditures  in  such  manner  as  to  enable  the  commission 
to  ascertain  the  amount  of  money  so  expended  and  the  piuposes 
for  which  said  expenditure  was  made.  The  commission  may, 
by  order  duly  made,  authorize  the  issue  of  bonds,  notes,  or  other 
evidence  of  indebtedness,  for  the  reimbursement  of  money  here- 
tofore actually  expended  from  income  for  any  of  the  aforesaid 

8da 


puiposes,  except  maintenance  of  service  and  replacements  prior 
to  five  years  next  preceding  the  filing  of  an  application  therefor, 
if  such  application  for  such  consent  be  made  prior  to  January 
1, 1913.     Laws  iQiiy  no.  325,  sec.  56. 

TEXAS  Whenever  any  railroad  company  in  this  state 

shall  hereafter  desire  to  make,  issue  and  sell  any  bonds  or  evi- 
dences of  debt  which  are  to  become  a  lien  on  its  property,  it  shall 
comply  with  the  laws  of  this  state  regulating  the  same  and  in 
addition  thereto  shall  have  said  bonds  prepared,  signed  by  the 
president  of  the  company,  and  attested  by  the  secretary,  with  the 
seal  of  the  company  attached  thereto.  Each  bond  shall  be 
nimibered,  beginning  with  number  one,  or  the  next  highest  num- 

3266  ber  of  any  preceding  bond  issued  by  it,  and  continue  consecutively 
until  all  are  nimibered.  The  bonds  shall  be  dated,  made  pay- 
able at  a  time  not  exceeding  30  years  from  date,  and  shall  bear 
interest  not  exceeding  six  per  cent,  per  annum.  The  said  bonds, 
when  thus  prepared,  shall  be  presented  to  the  commission  with  a 
statement  in  writing,  signed  and  sworn  to  by  the  president  of 
said  company,  showing  the  amount  of  the  stock  of  said  company, 
and  the  amoimt  of  outstanding  bonds,  if  any,  of  said  company. 
Sayles'  Civ.  Stats.  i8gy,  art.  4j84{h). 

Hereafter  no  bonds  or  other  indebtedness  shall  be  increased 
or  issued  or  executed  by  any  authority  whatsoever  and  secured  by 
lien  or  mortgage  on  any  railroad  or  part  of  railroad,  or  the 
franchise  or  property  appurtenant  or  belonging  thereto,  over  or 
above  the  reasonable  value  of  said  railroad  property;  provided, 

3267  that  in  case  of  emergency,  on  conclusive  proof  shown  by  the  com- 
pany to  the  railroad  commission  that  public  interests  or  the  pres- 
ervation of  the  property  demanded  it,  the  said  commission  may 
permit  said  bonds,  together  with  the  stock  in  the  aggregate,  to 
be  executed  to  an  amoimt  not  more  than  50  per  cent,  over  the 
value  of  said  property.     Same,  art.  4584Q}). 

Any  terminal  railway  company,  in  addition  to  the  rights 
conferred  by  law  upon  corporations  generally,  shall  have  and 
exercise  all  rights  and  powers  conferred  upon  railroad  com- 
panies by  chapters  eight  and  nine  of  title  94  of  the  revised 
statutes  of  Texas  relating  to  railroads,  including  the  right  to 
issue  bonds  in  excess  of  its  authorized  capital  stock;  provided, 
that  its  stock  and  bonds  shall  be  issued  under  the  direction  of 
commission  in  accordance  with  the  stock  and  bond  law  regu- 
lating the  issuance  of  stocks  and  bonds  by  railroads,  and  com- 
mission shall  fix  the  values  of  the  property,  rights  and  franchises 

863 


of  such  terminal  railway  company  and  its  stocks  and  bonds  shall 
not  exceed  the  amount  authorized  by  commission  and  jurisdic- 

8268  tion  over  the  issuance  of  bonds  herein  authorized  is  hereby 
expressly  vested  in  commission;  provided,  that  no  such  terminal 
company  shall  have  the  right  to  charge  any  railroad  company 
for  terminal  facilities  a  greater  amount  than  may  be  from  time 
to  time  designated  and  established  by  commission,  which  shall 
have  authority  to  prescribe  such  rates  and  rules  for  the  opera- 
tion of  all  such  terminal  companies  as  will  prevent  discrimina- 
tion by  them  against  any  common  carrier  with  respect  to  either 
charges  or  service;  provided,  further,  that  the  provisions  of  arti- 
cles 4564,  4565  and  4566  of  the  revised  statutes  of  Texas  (as  to 
rates,  etc.)  shall  apply  to  any  and  all  orders,  ruling,  judgments 
and  decrees  of  the  railroad  commission,  made,  entered  or  held 
under  the  provisions  of  this  act  in  regard  to  such  terminal  rail- 
way companies.    Same,  sec.  53. 

VERMONT  A  corporation  organized  imder  the  laws  of  this 

state,  subject  to  the  provisions  of  this  act,  shall  not  increase  its 
capital  stock  nor  issue  mortgages,  bonds  or  other  securities  except 
such  as  are  payable  within  one  year  from  date  of  issue,  without 
first  seciuing  the  permission  of  the  public  service  commission  on 
petition  and  hearing  for  that  purpose.  Such  corporation  desiring 
to  increase  its  capital  stock  or  to  issue  mortgages,  bonds  or  other 
securities,  not  payable  within  one  year  from  date  of  issue,  may 
petition  said  commission  for  such  permission,  and  said  com- 
mission shall  thereupon  appoint  a  time  and  place  for  hearing  the 

8269  petition.  Said  commission  shall  give  reasonable  notice  in  writing 
by  mail  of  the  time  and  place  of  hearing  thereon  to  such  peti- 
tioner, the  attorney-general  and  the  state's  attorney  of  the  county 
wherein  such  petitioner  has  its  principal  place  of  business  in  this 
state,  and  may  in  its  discretion  publish  one  or  more  times  a  notice 
of  the  pendency  of  such  petition  and  of  the  time  and  place  of  hear- 
ing thereon  in  one  or  more  newspapers  published  in  the  county 
wherein  such  principal  office  is  located,  and  for  want  of  such 
newspaper,  in  an  adjoining  county.  The  attorney  general  or 
state's  attorney  of  the  county  shall  represent  the  state  in  such 
hearing.     Laws  igo8,  no.  116,  sec.  16. 

VIRGINIA  See  par.  4522. 

WISCONSIN  No  corporation  shall  issue  any  stock  or  cer- 

tificate of  stock  except  in  consideration  of  money  or  of  labor 
or  property  estimated  at  its  true  money  value,  actually  received 

864 


by  it,  equal  to  the  par  value  thereof,  nor  any  bonds  or  other 
8270  evidences  of  indebtedness  except  for  money  or  for  labor  or  prop- 
erty estimated  at  its  true  money  value,  actually  received  by  it, 
equal  to  75  per  cent,  of  the  par  value  thereof,  and  all  stocks 
and  bonds  issued  contrary  to  the  provisions  of  law  and  all  fic- 
titious increase  of  the  capital  stock  of  any  corporation  shall  be 
void.    Laws  igoy,  ch.  57^,  sec.  1753. 

No  public  service  corporation  shall  hereafter  issue  for  any 
purposes  connected  with  or  relating  to  any  part  of  its  business, 
any  stocks,  certificates  of  stock,  bonds,  notes  or  other  evidences 
sari  of  indebtedness,  to  an  amount  exceeding  that  which  may  from 
time  to  time  be  reasonably  necessary  for  the  purpose  for  which 
such  issue  of  stock,  certificates  of  stock,  bonds,  notes,  or  other 
evidences  of  indebtedness  may  be  authorized.  Laws  igii,  ch. 
593,  sec.  1753-4- 

The  term  "  public  service  corporation  "  when  used  in  this  act  shall  mean  and  embrace 
every  railroad,  street  railway,  telegraph,  telephone,  express,  freight  line,  sleeping  car,  light, 
heat,  water,  and  power  corporation,  and  all  other  corporations,  excepting  towns,  villages, 
^^^^  and  cities,  engaged  in  the  business  of  supplying  the  public,  directly  or  indirectly,  with  light, 
heat,  power,  or  water,  or  in  transmitting  telegraph  or  telephone  messages,  or  in  transport- 
ing passengers,  freight,  or  express.     Laws  igii,  ch.  593,  sec.  1753-1. 

The  term  "  commission  "  when  used  in  this  act  shall  mean  the  railroad   commission 
of  Wisconsin;    the  term  "  capital  account  "  when  used  in  this  act  shall  mean  the  capital 
3273    account  prescribed  by  the  commission  and  required  to  be  kept  by  every  public  service 
corporation  as  provided  by  law.    Same. 

The  term  "  net  income  or  revenue  "  when    used  in  this  act  shall  mean  the    money 
8274    available  for  dividends  and  surplus  according  to  the  accounts  prescribed  by  the  commis- 
sion and  required  to  be  kept  by  every  public  service  corporation.    Same. 

A  public  service  corporation  may  issue  stocks,  certificates  of 
stock,  bonds,  notes  or  other  evidences  of  indebtedness,  when 
necessary  for  organization  expenses  and  all  other  expenses  rea- 
sonably required  in  connection  with  the  financing  and  construc- 
tion of  its  property,  for  the  acquisition  of  property,  the  con- 
struction, completion,  extension,  or  improvement  of  its  plant, 
distributing  system,  or  facilities,  or  for  the  improvement  of  its 
service,  or  for  the  discharge  or  refunding  of  its  legal  obligations, 
or  in  case  of  railroad  corporation  for  any  of  the  purposes  stated 
8276  in  section  1826  or  subsection  10  of  section  1828  of  the  statutes, 
provided,  however,  that  no  such  corporation  shall  issue  any 
stocks  or  certificates  of  stock  for  any  purpose  which  is  not 
properly  chargeable  to  its  capital  account;  and  that  if  any  such 
corporation  shall  issue  any  bonds,  notes,  or  other  evidences  of 
indebtedness  for  any  lawful  purpose  which  is  not  properly 
chargeable  to  its  capital  account,  it  shall  set  aside  annually  from 
its  net  income  or  revenue,^  if  any,  such  a  sum  that  when  such 
bonds,  notes,  or  other  evidences  of  indebtedness  shall  become 
due  and  payable,  the  total  amount  of  said  sums  so  set  aside  shall 
be  sufficient  to  pay  and  discharge  the  same.     Same,  sec.  1753-5. 

865 


No  public  service  corporation  shall  issue  any  stocks,  cer- 
tificates of  stock,  bonds,  notes  or  other  evidences  of  indebted- 
ness for  the  purpose  of  paying,  discharging,  refunding,  exchang- 

3276  ing  for,  or  retiring,  in  whole  or  in  part,  directly  or  indirectly, 
any  of  its  bonds,  notes,  or  other  evidences  of  indebtedness, 
payable  at  periods  of  less  than  one  year  after  the  date  thereof, 
which  were  issued  for  purposes  not  properly  chargeable  to  its 
capital  account.     Same,  sec.  I'/^j-d. 

No  public  service  corporation  shall  issue  any  stock  or  cer- 
tificate of  stock  except  in  consideration  of  money,  or  of  labor  or 
property,  at  its  true  money  value,  as  found  and  determined  by 
the  commission  as  in  this  act  provided,  actually  received  by  it, 
equal  to  the  face  value  thereof,  or  any  bonds,  notes  or  other 
evidences  of  indebtedness  except  for  money,  or  for  labor  or 
property  estimated  at  its  true  money  value,  as  foimd  and  de- 
termined by  the  commission  as  in  this  act  provided,  actually  re- 

8277  ceived  by  it  equal  to  a  sum  not  less  than  75  per  cent,  of  the  face 
value  thereof,  provided,  however,  that  no  bonds,  notes,  or  other 
evidences  of  indebtedness  of  any  such  corporation  issued  for  the 
purpose  of  refunding,  retiring,  or  discharging  any  of  its  bonds, 
notes,  or  other  evidences  of  indebtedness,  shall  be  issued  at  less 
than  75  per  cent,  of  the  face  value  thereof,  plus  the  amount  of 
any  discount  hereafter  paid  or  incurred  by  such  corporation 
upon  the  issuance  of  the  bonds,  notes,  or  other  evidences  of  in- 
debtedness to  be  refunded,  retired,  or  discharged.     Same,  sec. 

I75S-7- 

The  amount  of  bonds,  notes,  or  other  evidences  of  indebted- 
ness which  any  public  service  corporation  may  issue  shall  bear  a 
reasonable  proportion  to  the  amount  of  stock  and  certificates  of 
stock  issued  by  such  corporation,  due  consideration  being  given 
to  the  nature  of  the  business  in  which  the  corporation  is  engaged, 

3278  its  credit  and  future  prospects,  the  effect  which  such  issue  will 
have  upon  the  management  and  efficient  operation  of  the  cor- 
poration by  reason  of  the  relative  amount  of  financial  interest 
which  the  stockholders  will  have  in  the  corporation,  and  the  cir- 
cumstances surrounding  the  operation  and  business  of  the  cor- 
poration.    Same,  sec.  1753-8. 

No  public  service  corporation  shall  hereafter  issue  any 
stocks,  certificates  of  stock,  bonds,  notes,  or  any  other  evidence 

ii7«  of  indebtedness,  except  such  as  are  issued  for  money  only  and 
payable  one  year  or  less  from  the  date  thereof,  until  it  shall  have 
first  obtained  authority  for  such  issue  from  the  commission,  as 
herein  provided.     Same,  sec.  i753-9{i). 

&66 


Nothing  in  section  1753-9  contained,  shall  be  construed  to 
prohibit  the  commission  from  authorizing  in  such  certificate  the 
mortgage  or  pledge  by  any  public  service  corporation  of  any 
bond,  note,  or  other  evidence  of  indebtedness  issued  by  such 
corporation  as  security  for  or  as  part  security  for  any  bond,  note, 
or  other  evidence  of  indebtedness  issued  by  or  loan  made  to  such 
corporation  which  shall  not  be  issued  or  made  in  violation  of  the 
provisions  of  this  act,  provided,  that  the  terms  of  said  loan  and 
of  such  notes,  bonds,  or  other  evidences  of  indebtedness  shall 
provide  that  none  of  said  pledged  bonds,  notes,  or  other  evi- 
dences of  indebtedness  shall,  upon  non-payment  of  the  notes, 
bonds  or  other  evidences  of  indebtedness  which  they  are  pledged 

3280  to  secure,  or  upon  non-performance  of  any  of  the  conditions 
thereof,  be  sold,  or  become  the  property  of  the  holders  of  the 
notes,  bonds,  or  other  evidences  of  indebtedness  so  secured, 
either  directly  or  through  a  trustee  for  their  benefit,  except  at 
or  through  public  sale,  notice  whereof  shall  be  published  once 
a  week  for  not  less  than  three  successive  weeks  prior  thereto,  in 
at  least  one  newspaper  of  general  circulation  printed  in  the  Eng- 
lish language  and  published  in  the  place  where  such  sale  shall 
take  place,  and  except  at  a  sum  not  less  than  75  per  cent,  of 
the  face  value  thereof,  plus  the  discount,  if  any,  paid  or  incurred 
by  the  corporation  upon  the  notes,  bonds,  or  other  evidence  of 
indebtedness  which  they  are  pledged  to  seciu-e.  Same,  sec. 
1753-10. 

Before  the  issuance  of  the  certificate  in  this  act  provided, 
authorizing  any  public  service  corporation  to  issue  bonds,  notes, 
or  other  evidences  of  indebtedness,  for  piuposes  properly  charge- 
able to  its  capital  accoimt,  such  corporation  shall  pay  the  com- 
mission a  fee  of  $1  for  each  $1,000  of  the  face  value  of  the  bonds, 

3281  notes,  or  other  evidences  of  indebtedness  to  be  issued  by  virtue 
of  such  authority,  provided  that  no  fee  shall  be  required  when 
such  issue  is  made  for  the  piupose  of  guaranteeing,  taking  over, 
refunding,  discharging,  or  retiring  any  bonds,  notes,  or  other 
evidences  of  indebtedness.  Such  fees  when  collected  shall  be 
paid  into  the  common  school  fund  income.     Same,  sec.  iy^y-21. 


867 


D.  POWER   OF   COMMISSION   TO   AUTHOR- 
IZE  ISSUES. 

ARIZONA,  CALIFORNIA 

The  commission  may  authorize  issues  of  bonds, 
notes  or  other  evidences  of  indebtedness,  less  than,  equivalent  to 
or  greater  than  the  authorized  or  subscribed  capital  stock  of  a 
public  utility  corporation,^  and  the  provisions  of  section  309  and 
S28a  456  of  the  civil  code  of  this  state,  in  so  far  as  they  contain  in- 
hibitions against  the  creation  by  corporations  of  indebtedness, 
evidenced  by  bonds,  notes  or  otherwise,  in  excess  of  their  total 
authorized  or  subscribed  capital  stock  shall  have  no  application 
to  public  utility  corporations.  Ariz. — Sess.  Laws  191 2,  ch.  90, 
sec.  52{b);  Cal. — Stats,  igii,  ist.  ex.  sess.,  ch.  14,  sec.  52(a). 

The  commission  may  by  its  order  grant  permission  for  the 
issue  of  such  stock  or  stock  certificates  or  bonds,  notes  or  other 

8283  evidences  of  indebtedness  in  the  amount  applied  for,  or  in  a  lesser 
amotmt,  or  not  at  all,  and  may  attach  to  the  exercise  of  its  per- 
mission such  condition  or  conditions  as  it  may  deem  reasonable 
and  necessary.     Ariz. — Same;  Cal. — Same,  sec.  52(6). 

ElANSAS  Upon  full  compliance  by  the  applicant  with  the 

provisions  of  this  section,  the  commission  shall  forthwith  issue  a 
certificate  stating  the  amount,  character,  purposes  and  terms 

8284  upon  which  such  stocks,  certificates,  bonds,  notes  or  other  evi- 
dences of  indebtedness  are  proposed  to  be  issued,  as  set  out  in  the 
application  for  such  certificate,  and  that  the  statements  contained 
in  such  application  have  been  ascertained  to  be  true.  Laws  191 1, 
ch.  2j8,  sec.  25. 

MASSACHUSETTS  The  commission  (or  commissioner)  shall  render 
a  decision  upon  an  application  for  such  issue  within  30  days  after 
the  final  hearing  thereon.  Such  decision  shall  be  in  writing, 
shall  assign  the  reasons  therefor,  shall,  if  authorizing  such  issue, 
specify  the  respective  amounts  of  stock,  or  bonds,  or  of  coupon 
notes,  or  other  evidences  of  indebtedness,  as  aforesaid,  which 
are  authorized  to  be  issued  for  the  respective  purposes  to  which 
the  proceeds  thereof  are  to  be  applied,  shall  within  seven  days 
after  it  has  been  rendered,  be  filed  in  the  office  of  said  commission 

8286  (or  commissioner).    A  certificate  of  the  decision  of  said  commis- 

I*' Public  service  corporation,"  in  Arizona. 

868 


sion  shall  within  three  days  after  such  decision  has  been  rendered, 
and  before  the  stock  or  bonds  or  coupon  notes  or  other  evidences 
of  indebtedness,  as  aforesaid,  are  issued,  be  filed  in  the  office  of 
the  secretary  of  the  commonwealth  and  duplicate  thereof  de- 
livered to  the  corporation.  Rev.  Laws  igo2,  ch.  log,  sec.  24 
{gas,  electric,  aqueduct,  water  companies  and  companies  for  trans- 
mitting intelligence  by  electricity).  Acts  igo6,  ch.  46 j,  pt.  ii,  sec. 
65  {railroad  corporations) ;  pt.  Hi,  sec.  loy  {street  railway  com- 
panies) . 

If,  when  the  gas  and  electric  light  commission  approve  an 
issue  of  new  stock  or  bonds  by  a  gas  or  electric  light  company, 
it  determines  that  the  fair  structural  value  of  the  plant  of  such 
company  is  less  than  its  outstanding  stock  and  debt,  it  may  pre- 
scribe such  conditions  and  requirements  as  it  determines  are  best 
3286  adapted  to  make  good  within  a  reasonable  time  the  impairment 
of  the  capital  stock;  or,  before  allowing  an  increase,  it  may  re- 
quire the  capital  stock  to  be  reduced  by  a  prescribed  amoimt  not 
exceeding  the  amoimt  of  such  impairment.  The  amount  of  im- 
pairment and  the  conditions  and  requirements  imposed  shall  be 
stated  in  the  annual  report  of  the  commission.  Rev.  Laws  igo2, 
ch.  log,  sec.  26. 

Under  sections  24  and  26  the  only  way  in  which  the  gas  and 
electric  light  commission  can  require  an  impairment  of  capital 
to  be  made  good  out  of  earnings  is  by  imposing  such  conditions 
upon  any  further  issue  of  stock  or  bonds  of  the  company.  Childs 
vs.  Krey,  igg  Mass.  352. 

MICHIGAN  If  from  the  application  filed  and  such  other 

information  obtained  from  the  investigation  herein  authorized, 
the  said  commission  shall  be  satisfied  that  the  funds  derived  from 

W87  such  issue  of  stocks,  bonds  or  notes  are  to  be  applied  to  lawful 
ptuposes  and  that  such  issue  and  amount  are  essential  to  the 
successful  carrying  out  of  such  ptuposes,  then  said  commission 
shall  grant  authority  to  make  the  issue  applied  for.  Puh.  Acts 
igii,  no.  177,  sec.  i. 

NEW  HAMPSHIRE  Upon  petition  of  directors  of  a  raikoad  cor- 
poration, or  public  utility,  the  commission  shall,  after  public 
notice  and  hearing,  determine  the  amoimt  of  stock  or  bonds  which, 
in  its  opinion,  is  reasonably  requisite  for  the  purposes  for  which 

8S88  the  issue  is  to  be  made,  and  shall,  within  30  days  after  final 
hearing  upon  such  petition,  file  in  the  office  of  the  secretary  of 
state  a  certificate  setting  out  the  amount  of  the  increase  which 
it  has  authorized  and  the  purposes  for  which  the  proceeds  of  such 
new  stock  or  bonds  may  be  used.     Laws  igii,  ch.  164,  sec.  14  (a). 

869 


NEW  JERSEY  It  shall  be  the  duty  of  the  commission,  after 

hearing,  to  approve  of  any  such  proposed  issue  maturing  in  more 

3289  than  one  year  from  the  date  thereof,  when  satisfied  that  the 
same  is  to  be  made  in  accordance  with  law  and  the  purpose  of 
such  issue  be  approved  by  said  commission.  Laws  1911,  ch.  igs* 
sec.  18(e). 

NEW  YORK  The  order  of  the  commission  shall  fix  the 

amount  of  any  such  issue  and  the  purposes  to  which  it  or  its  pro- 
ceeds are  to  be  applied,  and  recite  that  in  the  opinion  of  the  com- 
mission the  money,  property  or  labor  procured  or  to  be  procured, 
or  paid  for  by  such  issue  or  its  proceeds,  has  been  or  is  reasonably 

3290  required  for  the  purposes  specified  in  the  order,  and  that  such 
purposes  are  in  no  part  reasonably  chargeable  to  operating  ex- 
penses or  to  income,  except  in  the  case  of  bonds,  notes  or  other 
evidences  of  indebtedness  as  may  be  permitted  in  the  order. 
Laws  1 910,  ch.  480,  sec.  ioi{i)  (telegraph  and  telephone  cor- 
porations). 

See  also  par.  3261, 

OHIO  The  order  of  the  commission  shall  fix  the 

amount,  character  and  terms  of  any  such  issue  and  the  pur- 
poses to  which  the  issue  or  any  proceeds  thereof  shall  be  applied, 
and  recite  that  the  money,  property,  consideration  or  labor  pro- 

3291  cured,  or  to  be  procured  or  paid  for  by  such  issue,  has  been  or 
is  reasonably  required  for  the  purposes  specified  in  the  order, 
and  the  value  of  any  property,  consideration  or  service,  as  the 
case  may  be,  as  found  by  the  commission,  for  which,  in  whole 
or  in  part,  such  issue  is  proposed  to  be  made.  Laws  191 1,  no. 
325,  sec.  58. 

It  shall  be  the  duty  of  the  commission  to  authorize  on  the 
best  terms  obtainable  such  issues  of^jStocks,  bonds  and  other 
8292  evidences  of  indebtedness  as  shall  be  necessary  to  enable  any 
public  utility  to  comply  with  the  provisions  of  any  contract 
heretofore  made  between  such  public  utility  and  any  municipal- 
ity.    Same,  sec.  56. 

TEXAS  If  said  bonds  are  such  as  are  permitted  under 

this  law,  and  commission  shall  be  so  satisfied,  it  shall  approve 

said  bonds  and  shall  issue  to  the  secretary  of  state  a  direction  to 

.    register  said  bonds,  specifying  the  numbers,  dates  and  amounts 

3293  thereof,  and  said  commission  shall  keep  in  its  office  a  correct 
record  of  the  bonds  so  approved  by  it,  giving  the  name  of  the 
company,  the  numbers,  dates  of  execution  and  maturity  of  the 

870 


bonds  the  amount  and  rate  of  interest  of  each  and  the  date  of 
approval.    Sayles^  Civ.  Stats.  iSpy,  art.  4j84{h). 

VERMONT  If  the  commission,  after  due  hearing,  is  satis- 

fied that  such  corporation  ought  to  be  permitted  to  increase  its 
capital  stock,  or  to  issue  such  mortgages,  bonds  or  other  securi- 
ties, and  that  the  same  is  required  for  the  proper  development 

3294  of  the  business  of  such  corporation,  and  that  the  same  will  be 
promotive  of  the  general  good  of  the  public,  said  commission 
shall  then  issue  to  said  corporation  a  certificate  under  its  seal, 
stating  the  amount  of  increase,  manner,  terms  and  conditions 
under  which  the  same  may  be  issued.  Laws  1908,  no.  116,  sec. 
16. 

See  also  pars.  349,  351. 

WISCONSIN  The  commission  shall  find  and  determine  the 

amount  of  such  stock,  certificates  of  stock,  bonds,  notes  or  other 

3295  evidences  of  indebtedness  (issues  for  money  only)  reasonably 
necessary  for  the  purposes  for  which  the  same  are  to  be  issued. 
Laws  1911,  ch.  593,  sec.  1^^3-9(2). 

If  the  commission  shall  determine  that  such  proposed  issue 
(for  money  only)  complies  with  the  provisions  of  this  act  such 
authority  shall  thereupon  be  granted,  and  it  shall  issue  to  the 
corporation  a  certificate  of  authority,  stating :  (a)  the  amount  of 

3296  such  stocks.  Certificate  of  stock,  bonds,  notes,  or  other  evidences 
of  indebtedness  reasonably  necessary  for  the  purposes  for  which 
they  are  to  be  issued,  and  the  character  of  the  same;  (b)  the  pur- 
poses for  which  they  are  to  be  issued;  and  (c)  the  terms  upon 
which  they  are  to  be  issued.     Same,  sec.  1733-9(3)' 

If  the  commission  shall  determine  that  the  proposed  issue 
(for  other  than  money)  complies  with  the  provisions  of  this  act, 
such  authority  shall  thereupon  be  granted  and  it  shall  issue  to  the 
corporation  a  certificate  of  authority  stating:  (a)  the  amount  of 
such  stocks,  certificates  of  stock,  bonds,  notes,  or  other  evidences 
of  indebtedness  reasonably  necessary  for  the  purposes  for  which 

3297  they  are  to  be  issued,  and  the  character  of  the  same;  (b)  the  ptir- 
poses  for  which  they  are  to  be  issued;  (c)  the  terms  upon  which 
they  are  to  be  issued,  and  (d)  the  true  value  of  the  property, 
services,  or  other  consideration  than  money  (which  shall  be  de- 
scribed in  detail)  as  found  and  determined  by  the  commission, 
for  which,  in  whole  or  in  part,  such  issue  is  to  be  made.  Same, 
sec.  1753-9(6)' 


871 


E.    CHARACTER  OF  INVESTIGATION  BY 
COMMISSION. 

ARIZONA,  CALIFORNIA,  GEORGIA,  MARYLAND 

To  enable  it  to  determine  whether  it  will  issue 
such  order,  the  commission  shall  hold  a  hearing  and  may  make 
such  additional  inquiry  or  investigation  and  examine  such  wit- 
nesses, books,  documents,  papers  and  contracts  and  require  the 
filing  of  such  data  as  it  may  deem  of  assistance.^  Ariz. — Sess. 
8398  Laws  iQi2y  ch.  go,  sec.  52{h);  Col. — Stats,  igii,  ist.  ex.  sess.,  ch. 
14,  sec.  52Q));  Ga. — Code  igii,  as  amended,  sec.  2665;  Md. — 
Laws  igio,  ch.  180,  sec.  27  {common  carrier,  railroad  and  street 
railroad  corporations),  sec.  34  (gas  and  electrical  corporations), 
sec.  41  (telephone  and  telegraph  corporations),  sec.  42  (water,  heat, 
refrigerator  and  power  companies). 

KANSAS  See  par.  3305. 

MICHIGAN  After  receiving  such  application,  said  commis- 

sion may,  for  the  piu-pose  of  enabling  it  to  determine  whether  it 
should  grant  such  authority,  make  such  inquiry  or  investigation, 
hold  such  hearings  and  examine  such  witnesses,  books,  papers, 
documents  or  contracts  as  it  may  deem  of  importance  in  enabling 
it  to  reach  a  determination.  If  the  applicant  shall  fail,  neglect, 
or  refuse  to  furnish  any  or  all  of  the  information  required  by  said 
commission,  or  if  the  said  commission  shall  so  direct,  an  ap- 
praisal of  the  property  of  said  applicant,  shall  be  made  by  a  dis- 
interested person  or  persons  to  be  appointed  by  said  commission 
and  whose  compensation  shall  be  fixed  by  said  commission, 
the  entire  expense  of  making  such  appraisal  to  be  borne  by  said 
applicant.     After  said  appraisal  is  made  and  filed  with  said  com- 

8899  mission  and  before  any  action  is  taken  by  said  commission  upon 
said  application,  the  expenses  of  said  appraisal  as  determined  by 
said  commission  shall  be  paid  by  said  applicant  to  said  com- 
mission, which  shall  deposit  the  same  in  the  treasury  of  the 
state  to  be  credited  to  the  general  fimd,  taking  the  receipt  of  the 
treasurer  therefor  and  filing  the  same  in  its  office  with  said  ap- 
plication. If  the  applicant  shall  refuse  or  neglect  to  pay  the  ex- 
pense of  said  appraisal,  the  commission  shall  dismiss  such  ap- 
plication and  said  commission  may  bring  an  action  against  said 
applicant  in  any  court  of  competent  jurisdiction  in  this  state  for 

•  Georgia — "deem  advisable";  Maryland — " deem  of  importance  in  enabling  it  to  reach  a 
deternaination";  Ohio — "deem  proper." 

872 


the  recovery  of  the  expense  of  said  appraisal.  The  expense  of 
said  appraisal  shall  be  paid  by  the  state  treasurer  upon  the  war- 
rant of  the  auditor  general  to  the  persons  certified  by  the  com- 
mission to  be  entitled  thereto.     Pub.  Acts  igii,  no.  lyy,  sec.  i. 

NEBRASKA,  NEW  YORK,  OHIO 

Identical  with  par.  3298.     Neh. — Acts  igog, 
ch.  108,  sec.  i;  N.  Y. — Laws  1910,  ch.  480,  sec.  55  {common  car- 
ssoo  Her,  railroad  and  street  railroad  corporations),  sec.  69  {gas  and 
electrical  corporations),  sec.  ioi{i)   {telephone  and  telegraph  cor- 
porations); Ohio — Laws  1911,  no.  J25,  sec.  j8. 

VERMONT  See  par.  3269. 

WISCONSIN  For  the  purpose  of  enabling  it  to  determine 

whether  the  proposed  issue  (for  other  than  money)  complies  with 
the  provisions  of  this  act,  the  commission  shall  determine  the  true 
valuation  in  detail  of  the  property,  services  or  other  considera- 
tion, other  than  money,  for  which  it  is  proposed  to  issue,  in 

ssoi  whole  or  in  part,  such  stocks,  certificates  of  stock,  bonds,  notes 
or  other  evidences  of  indebtedness,  and  shall  make  such  inquiry 
or  investigation,  hold  such  hearings  and  examine  such  witnesses 
books,  papers,  documents  or  contracts  as  it  may  deem  of  im- 
portance in  enabling  it  to  reach  a  determination.  Laws  191 1, 
ch.  593,  sec.  1753-9(5)- 

For  the  purpose  of  enabling  it  to  determine  whether  the  pro- 
posed issue  (for  money  only)  complies  with  the  provisions  of  this 

3302  act,  the  commission  shall  make  such  inquiry  or  investigation, 
hold  such  hearings  and  examine  such  witnesses,  books,  papers, 
documents  or  contracts  as  it  may  deem  of  importance  in  en- 
abling it  to  reach  a  determination.  It  may  also  make  a  valua- 
tion of  aU  the  property  of  the  corporation  if  it  deems  it  pertinent 
to  the  inquiry  or  investigation.     Same,  sec.  1753-9(2). 

Any  such  public  service  corporation,  if  dissatisfied  with  any 
valuation  made  by  the  commission,  or  any  order  or  certificate 
made  or  issued  by  it,  may  commence  an  action  in  the  circuit 
court  of  Dane  county  against  the  commission,  as  defendant,  to 

SSO8  vacate  and  set  aside  such  valuation,  order,  or  certificate  on  the 
ground  that  the  same  is  unreasonable  or  imlawful,  in  which 
action  the  complaint  shall  be  served  with  the  summons.  Sec- 
tions 1797-16  and  1797-17  of  the  statutes  shall  apply  to  all  the 
rights  of  the  parties  to  the  proceeding  in  such  action.  Same, 
$ec,  1753-16. 


S73 


F.  PROCEEDINGS  FOR  OBTAINING  CER- 
TIFICATE AND  CONDITIONS  OF  ITS 
ISSUE. 

I.     Issues  for  Money  Only. 

KANSAS  The  proceedings  for  obtaining  such  certificate 

from  commission  and  the  conditions  of  its  being  issued  by  com- 
mission shall  be  as  follows:  In  case  the  stocks,  certificates, 
bonds,  notes  or  other  evidences  of  indebtedness  are  to  be  issued 
for  money  only,  the  public  utility  or  common  carrier  shall  file 
with  the  commission  a  statement,  signed  and  verified  by  the 
president  or  other  chief  officer  of  the  company  having  knowledge 

3304  of  the  facts,  showing  (i)  the  amount  and  character  of  the  pro- 
posed stocks,  certificates,  bonds,  notes  or  other  evidences  of  in- 
debtedness; (2)  the  general  purposes  for  which  they  are  to  be 
issued;  (3)  the  terms  on  which  they  are  to  be  issued;  (4)  the 
total  assets  and  liabilities  of  the  public  utility  or  common  carrier; 
and  (5)  that  the  capital  sought  to  be  secured  by  the  issuance  of 
such  stocks,  certificates,  bonds,  notes  or  other  evidences  of  in- 
debtedness is  necessary  and  required  for  such  purposes  and  will 
be  used  therefor.     Laws  igii,  ch.  2j8,  sec.  25. 

The  commission  may  also  require  the  public  utility  or  com- 
mon carrier  to  furnish  such  further  statements  of  facts  as  may  be 

3306  reasonable  and  pertinent  to  the  inquiry,  and  shall  have  full  power 
to  ascertain  the  truth  of  all  statements  made  by  such  common 
carrier  or  public  utility.     Same. 

OHIO  The  proceedings  for  obtaining  the  consent  and 

authority  of  the  commission  for  such  issue  as  pi^vided  in  the 
next  preceding  section  of  this  act,  shall  be  as  follows  in  case  the 
stocks,  bonds,  notes,  or  other  evidence  of  indebtedness  are  to 
be  issued  for  money  only :  The  public  utility  or  railroad  shall  file 
with  the  commission  a  statement,  signed  and  verified  by  the 

8306  president  and  secretary  thereof  setting  forth  (i)  the  amount  and 
character  of  the  stocks,  bonds  or  other  evidence  of  indebtedness; 
(2)  the  purposes  for  which  they  are  to  be  issued;  (3)  the  terms 
upon  which  they  are  to  be  issued;  (4)  the  total  assets  and  liabil- 
ities of  the  public  utility  or  railroad  in  such  detail  as  the  com- 
mission may  require;  (5)  if  the  issue  is  desired  for  the  purpose  of 
the  reimbursement  of  money  expended  from  income,  as  herein 
provided,  the  amount  expended,  when  and  for  what  purposes 

874 


expended;  (6)  such  other  facts  and  information  pertinent  to  the 
inquiry  as  the  commission  may  require.  Laws  igii,  no.  325, 
sec.  57. 

WISCONSIN  The  proceedings  for  obtaining  a  certificate  of 

such  authority  from  the  commission  and  the  conditions  of  its 
being  granted  by  the  commission  shall  be  as  follows :  In  case  the 
stocks,  certificates  of  stock,  bonds,  notes  or  other  evidences  of 
indebtedness  are  payable  at  periods  of  more  than  one  year  after 
the  date  thereof,  and  are  to  be  issued  for  money  only,  the  cor- 
poration shall  file  with  the  commission  a  statement,  signed  and 

3307  verified  by  its  president  and  secretary,  setting  forth  (i)  the 
amoimt  and  character  of  the  proposed  stocks,  certificates  of 
stock,  bonds,  notes,  or  other  evidences  of  indebtedness;  (2)  the 
purposes  for  which  they  are  to  be  issued;  (3)  the  terms  on  which 
they  are  to  be  issued,  and  (4)  the  total  assets  and  liabilities,  and 
the  previous  financial  operations  and  business  of  the  corpora- 
tion, in  such  detail  as  the  commission  may  require.  Laws  igii, 
ch.  593,  sec.  1753-9(1)  ■ 

The  signers  of  the  articles  of  association  of  a  public  service 

3308  corporation  hereafter  organized  may  sign  and  verify  such  state- 
ment in  the  first  instance.     Same,  sec.  1733-9(2). 

2.     Issues  for  Other  Than  Money. 

KANSAS  In  case  the  stocks,  certificates,  bonds,  notes  or 

other  evidences  of  indebtedness  are  to  be  issued  partly  or  wholly 
for  property  or  services  or  other  consideration  than  money,  the 
public  utility  or  common  carrier  shall  file  with  the  commission  a 
statement,  signed  and  verified  by  the  president  or  other  chief 
officer  having  knowledge  of  the  facts,  showing:  (i)  the  amoimt 
and  character  of  the  stocks,  certificates,  bonds,  notes  or  other 
evidences  of  indebtedness  proposed  to  be  issued;  (2)  the  general 
purposes  for  which  they  are  to  be  issued;  (3)  a  general  descrip- 

3309  tion  and  an  estimated  value  of  the  property  or  services  for 
which  they  are  to  be  issued;  (4)  the  terms  on  which  they  are  to  be 
issued  or  exchanged;  (5)  the  amount  of  money,  if  any,  to  be  re- 
ceived for  the  same  in  addition  to  such  property,  services  or 
other  consideration;  (6)  the  total  assets  and  liabilities  of  the 
public  utility  or  common  carrier;  and  (7)  that  the  capital  sought 
to  be  secured  by  the  issuance  of  such  stocks,  certificates,  bonds, 
notes  or  other  evidences  of  indebtedness  is  necessary  and  required 
for  such  purposes  and  will  be  used  therefor.  Laws  igii,  ch. 
238,  sec.  25. 

875 


The  commission  may  also  require  the  public  utility  or  com- 
mon carrier  to  furnish  such  further  statements  of  facts  as  may  be 
ssio  reasonable  and  pertinent  to  the  inquiry,  and  shall  have  full  power 
to  ascertain  the  truth  of  all  statements  made  by  such  common 
carrier  or  public  utility.     Same. 

OHIO  If  the  stocks,  bonds,  notes  or  other  evidence  of 

indebtedness  are  to  be  issued,  partly  or  wholly  for  property  or 
services  or  other  consideration  than  money  the  public  utility  or 
railroad  shall  file  with  the  commission  a  statement,  signed  and 
verified  by  its  president  and  secretary,  setting  forth:  (i)  the 
amount  and  character  of  the  stocks,  bonds  or  other  evidence  of 
indebtedness  proposed  to  be  issued;  (2)  the  purposes  for  which 
they  are  to  be  issued;  (3)  the  description  and  estimated  value  of 

S311  the  property  or  services  for  which  they  are  to  be  issued;  (4)  the 
terms  on  which  they  are  to  be  issued  or  exchanged;  (5)  the 
amount  of  money,  if  any,  to  be  received  from  the  same  in  addition 
to  the  property,  service  or  other  consideration;  (6)  the  total  assets 
and  liabilities  of  the  public  utility  or  railroad  in  such  detail  as  the 
commission  may  require,  and  (7)  such  other  facts  and  information 
pertinent  to  the  inquiry  as  commission  may  require.  Laws  igii, 
no.  325,  sec.  57. 

WISCONSIN  In  case  the  stocks,  certificates  of  stock,  bonds, 

notes,  or  other  evidences  of  indebtedness,  payable  in  more  than 
one  year  after  the  date  thereof,  or  payable  in  less  than  one  year 
from  the  date  thereof  when  issued  for  purposes  properly  charge- 
able to  its  capital  account,  are  to  be  issued,  partly  or  wholly,  for 
property  or  services  or  other  consideration  than  money,  the  cor- 
poration shall  file  with  the  commission  a  statement,  signed  and 
verified  by  its  president  and  secretary,  setting  forth:  (i)  the 
amotmt  and  character  of  the  stocks,  certificates  of  stock,  bonds, 

ssis  notes,  or  other  evidences  of  indebtedness  proposed  to  be  issued; 
(2)  the  purposes  for  which  they  are  to  be  issued;  (3)  the  descrip- 
tion in  detail  and  estimated  value  of  the  property  or  services  for 
which  they  are  to  be  issued;  (4)  the  terms  on  which  they  are  to 
be  issued  or  exchanged;  (5)  the  amoimt  of  money,  if  any,  to  be 
received  for  the  same,  in  addition  to  such  property,  services,  or 
other  consideration,  and  (6)  the  total  assets  and  liabilities,  and 
the  previous  financial  operations  and  business  of  the  corporation, 
in  such  detail  as  the  commission  may  require.  Laws  igiij  ch, 
$93,  sec.  1753-9(4)' 

The  signers  of  the  articles  of  association  of  a  public  service 

876 


S31S  corporation  hereafter  organized  may  sign  and  verify  such  state- 
ment in  the  first  instance.     Same,  sec.  i7S3~9(s)' 


G.    LIMITATIONS   ON   APPLICATION   OF 

ACTS. 

E[ANSAS  This  provision  shall  not  apply  to  any  lawfiil 

issue  of  stock,  the  lawful  execution  and  delivery  of  any  mortgage, 

3314  or  to  the  lawful  issue  of  any  bonds  thereimder  which  shall  have 
been  duly  approved  by  the  commission  prior  to  the  taking  effect 
of  this  act.     Laws  igii,  ch.  2j8,  sec.  25. 

MARYLAND  Substantially  identical  with  par.  3314.     Laws 

igio,  ch.  180,  sec.  2y  {common  carrier,  railroad  and  street  railroad 

3316  corporations),  sec.  41  (telephone  and  telegraph  companies),  sec.  42 
{water,  heat,  refrigerator  and  power  companies). 

MASSACHUSETTS  The  provisions  of  this  section  shall  not  require 
the  approval  of  the  railroad  commission  to  the  issue  of  capital 
stock  or  bonds  or  of  coupon  notes,  or  other  evidences  of  in- 

3316  debtedness,  as  aforesaid,  authorized  by  law  of  this  common- 
wealth, the  proceeds  of  which  are  to  be  expended  in  another  state 
or  country,  or  which  are  to  pay  for  borrowed  money  expended 
in  another  state  or  coimtry.  Acts  igo6,  ch.  463,  pt.  ii,  sec. 
65  {railroad  companies). 

NEW  HAMPSHIRE  No  public  utility  or  railroad  corporation  not 
owning,  operating  or  maintaining  a  railroad  within  this  state,  sub- 
ject to  the  provisions  of  this  act,  shall  be  required  to  apply  to  the 
commission  for  authority  to  issue  stocks,  bonds,  notes  or  other 

3317  evidence  of  indebtedness,  except  for  the  acquisition  of  property, 
the  construction,  completion,  extension  or  improvement  of  its 
facilities,  or  the  improvement  or  maintenance  of  its  service  within 
this  state,  or  the  discharge  or  refunding  of  its  obligations  or  re- 
imbursement of  moneys  actually  expended  for  such  purposes. 
Laws  igii,  ch.  164,  sec.  14(a). 

NEW  YORK  This  provision  shall  not  apply  to  any  lawful 

issue  of  stock,  to  the  lawful  execution  and  delivery  of  any  mort- 

8318  gage,  or  to  the  lawful  issue  of  any  bonds  thereunder,  which  shall 
have  been  duly  approved  by  the  board  of  railroad  commissioners 
before  July  i,  1907.  Laws  igio,  ch.  480,  sec.  ^^  (common  car- 
rier, railroad  and  street  railroad  companies). 

877 


No  telegraph  corporation  or  telephone  corporation  shall  be 
required  to  apply  to  the  commission  for  authority  to  issue  stocks, 
bonds,  notes  or  other  evidence  of  indebtedness,  except  for  the 

3319  acquisition  of  property,  the  construction,  completion,  extension 
or  improvement  of  its  facilities,  or  the  improvement  or  main- 
tenance of  its  service  within  the  state,  or  the  discharge  or  re- 
fimding  of  obligations  or  reimbursement  of  moneys  actually  ex- 
pended for  such  piirposes.     Same,  sec.  ioi{i). 

OHIO  No  interstate  railroad  or  public  utility  shall  be 

required  to  apply  to  the  commission  for  authority  to  issue  stock, 
bonds,  notes  or  other  evidence  of  indebtedness  for  the  acquisition 
of  property,  the  construction,  completion,  extension  or  improve- 

3320  ment  of  its  facilities,  or  the  improvement  or  maintenance  of  its 
service  outside  the  state,  or  for  the  discharge  or  refunding  of 
obligations  issued  or  incurred  for  such  purposes,  or  for  the  reim- 
bursement of  moneys  actually  expended  for  such  purposes  out- 
side the  state.     Laws  igii,  no.  325,  sec.  58. 

TEXAS  This  provision  shall  not  apply  to  receivers' 

3321  certificates  where  the  amount  does  not  exceed  $100,000.  Sayles^ 
Civ.  Stats.  iSgy,  art.  4584Q1). 

VERMONT  Nothing  contained  in  this  act  shall  apply  to  a 

3322  mortgage  heretofore  executed  and  recorded,  nor  to  bonds  there- 
by secured.     Laws  igo8,  no.  116,  sec.  16. 

WISCONSIN  The  provisions  of  this  act  shall  not  apply  to 

8323  any  stock,  bonds  or  other  evidence  of  indebtedness  heretofore 

authorized  by  the  commission.     Laws  igiiy  ch.  ^gj,  sec.  iy^j-22. 


H.  UTILITIES  AUTHORIZED  TO  ISSUE 
NOTES  FOR  LIMITED  PERIODS  WITH- 
OUT CERTIFICATE. 

ARIZONA,  CALIFORNIA 

A  public  utility  ^  may  issue  notes  for  proper  pur- 
poses and  not  in  violation  of  any  provisions  of  this  act  or  any 
other  act,  payable  at  periods  of  not  more  than  12  months  after 
the  date  of  issuance  of  same,  without  the  consent  of  the  commis- 
3324  sion,  but  no  such  notes  shall,  in  whole  or  in  part,  be  refunded  by 
any  issue  of  stocks  or  stock  certificates,  or  of  bonds,  notes  of  any 

»" Public  service  corporation,"  in  Arizona. 

878 


term  or  character,  or  any  other  evidence  of  indebtedness,  without 
the  consent  of  the  commission.  Ariz.- — Sess.  Laws  IQ12,  ch.  go, 
sec.  52Q});  Cal. — Stats,  igii,  ist.  ex.  sess.,  ch.  14,  sec.  52{a). 

GEORGIA  Such   corporations  or   companies  may  issue 

notes  or  other  evidences  of  indebtedness  for  proper  corporate  pur- 
poses and  not  in  violation  of  any  law,  payable  at  periods  of  not 
more  than  12  months  from  date,  without  such  consent,  but  no 

3325  such  notes  or  other  evidences  of  indebtedness  shall,  in  whole  or  in 
part,  directly  or  indirectly,  be  refunded  by  any  issue  of  stocks  or 
bonds,  or  by  any  evidence  of  indebtedness  running  for  more  than 
12  months,  without  the  consent  of  the  commission.  Code  igii, 
sec.  2665. 

BIANSAS  Any  issue  of  stocks,  certificates,  bonds,  notes 

or  other  evidences  of  indebtedness  not  payable  within  one  year, 

3326  which  shall  be  issued  by  such  public  utility  or  common  carrier 
contrary  to  the  provisions  of  this  act  shall  be  void.  Laws  igii, 
ch.  2j8,  sec.  25. 

MARYLAND  Identical  with  par.  3325  in  authorizing  issue 

of  notes  only  for  periods  not  exceeding  12  months.    Laws  igio, 

3327  ch.  180,  sec.  2j  {common  carrier,  railroad  and  street  railroad  cor- 
porations), sec.  24  (g^-^  <^^^  electrical  corporations),  sec.  41  {tele- 
phone and  telegraph  corporations),  sec.  42  {water,  heat,  refrigerator 
and  power  corporations). 

MICHIGAN  Any  such  person,  corporation  or  association 

may  issue  notes  for  lawful  purposes,  payable  at  periods  of  not 
more  than  24  months,  without  authority  from  said  commission; 

3328  but  no  such  notes  shall,  in  whole  or  in  part,  directly  or  in- 
directly, be  refunded  by  any  issue  of  stock  or  bonds,  or  by  any 
evidence  of  indebtedness  running  for  more  than  12  months, 
without  the  consent  of  said  commission.  Pub.  Acts  igii,  no. 
lyj,  sec.  I. 

NEBRASKA,  NEW  YORK,  OHIO 

Substantially  identical  with  par.  3325  in  au- 
thorizing issue  of  notes  only.  Neh. — Acts  igog,  ch.  108,  sec.  i; 
S329  N.  Y. — Laws  igio,  ch.  480,  sec.  5^  {common  carrier,  railroad  and 
street  railroad  corporations),  sec.  6g  {gas  and  electrical  corpora- 
tions), sec.  ioi{i)  {telegraph  and  telephone  corporations);  Ohio — • 
Laws  igii,  no.  ^25,  sec.  j8. 

WISCONSIN  Except  as  otherwise  provided  herein,  the  pro- 

visions of  this  act  shall  apply  to  the  issue  by  public  service  cor- 

879 


3330  porations  of  stocks,  certificates  of  stock,  bonds,  notes  or  other 
evidences  of  indebtedness,  payable  at  periods  of  more  than  one 
year  after  the  date  thereof.     Laws  igii,  ch.  ^gj,  sec.  1753-3. 


I.  ISSUE  OF  STOCKS  OR  BONDS  FOR  FRAN- 
CHISES OR  PROPERTY  OF  OTHER  PUB- 
LIC UTILITIES. 

NEW  HAMPSHIRE  The  commission  may  authorize  a  pubUc 
utility  to  issue  its  stocks  or  bonds  in  payment  for  property  or 

3331  stocks,  bonds  or  other  securities  of  like  corporations  which  it  may 
lawfully  acquire,  upon  such  terms  as  the  commission  may  ap- 
prove, having  due  regard  to  the  public  good.  Laws  igii,  ch. 
164,  sec.  i4{e). 


J.     CAPITALIZATION      OF      REORGANIZED 

UTILITIES. 

NEW  YORK  Reorganizations  of  railroad  corporations,  street 

railroad  corporations,  common  carriers,  gas  corporations,  elec- 
trical corporations,  and  telegraph  and  telephone  corporations 
pursuant  to  sections  nine  and  ten  of  the  stock  corporation  law 

3332  and  such  other  laws  as  may  be  enacted  from  time  to  time  shall 
be  subject  to  the  supervision  and  control  of  the  proper  commis- 
sion and  no  such  reorganization  shall  be  had  without  the  author- 
ization of  such  commission.  Laws  igio,  ch.  480.  sees.  55a(i), 
6ga{i)y   ioia{i). 

Upon  all  such  reorganizations  the  amoimt  of  capitalization, 
including  therein  all  stocks  and  bonds  and  other  evidence  of  in- 
debtedness, shall  be  such  as  is  authorized  by  the  commission 
which,  in  making  its  determination,  shall  not  exceed  the  fair 
value  of  the  property  involved,  taking  into  consideration  its 
original  cost  of  construction,  duplication  cost,  present  condition, 

3333  earning  power  at  reasonable  rates  and  all  other  relevant  matters 
and  any  additional  sum  or  sums  as  shall  be  actually  paid  in  cash, 
provided,  however,  that  the  commission  may  make  due  allow- 
ance for  discoimt  of  bonds.  Any  reorganization  agreement 
before  it  becomes  effective  shall  be  amended  so  that  the  amount 
of  capitalization  shall  conform  to  the  amoimt  authorized  by  the 
commission.    SamCy  sees.  5Sa{2),  6ga{2),  ioia{2). 

880 


OHIO  Where  a  public  utility  or  railroad  is,  at  the 

time  this  act  takes  effect,  in  the  possession  of  one  or  more  re- 
ceivers or  its  property  is  under  foreclosure,  and  a  reorganization 
thereof  is  pending,  any  new  company  or  companies  that  may 
hereafter  be  organized  to  acquire  such  property  or  any  part 
thereof  shall  be  exempt  from  all  the  provisions  of  this  act  with 
respect  to  the  issue  of  bonds,  stocks  and  evidences  of  debt,  pro- 
vided that  the  total  debts,  obligations  and  securities  of  such  new 

SSS4  or  reorganized  company  or  companies  exclusive  of  bonds,  obliga- 
tions, stocks  and  other  securities  that  may  be  issued  or  author- 
ized for  additional  capital  shall  not  exceed  the  debts,  obligations, 
stocks  and  other  seciuities  of  the  existing  company  or  companies, 
and  provided,  further,  that  from  and  after  its  organization  and 
the  issue  of  such  bonds,  obligations,  stocks  and  other  securities 
are  hereby  permitted,  all  the  provisions  of  this  act  shall  apply  to 
such  new  or  reorganized  company  or  companies.  Laws  igii, 
no.  325,  sec.  59. 

WISCONSIN  Any  person  or  association  of  persons,  which 

shall  have,  or  may  hereafter  become  the  owner  or  assignee  of  the 
rights,  powers,  privileges,  and  franchise  of  any  public  service 
corporation,  created  or  organized  by  or  imder  any  law  of  this 
state,  by  purchase  under  a  mortgage  sale,  sale  in  bankrupt  pro- 
ceedings, or  sale  under  any  judgment,  order,  decree,  or  pro- 
ceedings of  any  court  in  this  state,  including  the  courts  of  the 
United  States  sitting  herein,  must,  within  60  days  after  such 
purchase  or  assignment,  organize  anew  by  filing  articles  of  or- 
ganization   as    provided    by    law   respecting    corporations    for 

3336  similar  purposes,  and  thereupon  shall  have  the  rights,  privileges 
and  franchises  which  such  corporation  had,  or  was  entitled  to 
have,  at  the  time  of  such  purchase  and  sale,  and  such  as  are 
provided  by  those  statutes  applicable  thereto.  The  new  organi- 
zation may  issue  stock,  certificates  of  stock  and  bonds  for  the 
property  of  the  former  corporation  thus  acquired,  in  an  amount 
not  to  exceed  the  true  value  of  such  property,  as  fotmd  and  de- 
termined by  the  commission,  and  stated  in  the  certificate  of 
authority  issued  to  such  corporation,  in  accordance  with  the 
provisions  of  subsections  5  and  6  of  section  1753-9  of  ^^^  statutes. 
Laws  igii,  ch.  593,  sec.  i753-ii{i). 


881 


K.     UNAUTHORIZED   ISSUES   VOID. 

ARIZONA,  CALIFORNIA 

All  stock  and  every  stock  certificate,  and  every 
bond,  note  or  other  evidence  of  indebtedness  of  a  public  utility,* 
issued  without  an  order  of  the  commission  authorizing  the  same 
then  in  effect  shall  be  void,  and  likewise  all  stock  and  every  stock 
certificate,  and  every  bond,  note  or  other  evidence  of  indebted- 
ness, of  a  public  utility,*  issued  with  the  authorization  of  the 
commission,  but  not  conforming  in  its  provisions  to  the  pro- 

3336  visions,  if  any,  which  it  is  required  by  the  order  of  authorization 
of  the  commission  to  contain,  shall  be  void;  but  no  failure  in  any 
other  respect  to  comply  with  the  terms  or  conditions  of  the  order 
of  authorization  of  the  commission  shall  render  void  any  stock 
or  stock  certificate,  or  any  bond,  note  or  other  evidence  of  in- 
debtedness, except  as  to  a  corporation  or  person  taking  the  same 
otherwise  than  in  good  faith  and  for  value  and  without  actual 
notice.  Ariz. — Sess.  Laws  1912,  ch.  go,  sec.  52{d);  Cal. — Stats, 
igii,  ist.  ex.  sess.,  ch.  14,  sec.  52{d). 

All  stocks  and  stock  certificates,  and  bonds,  notes  and  other 
evidences  of  indebtedness  issued  by  any  public  utility  *  after 
this  act  takes  effect,  upon  the  authority  of  any  articles  of  incor- 
poration or  amendments  thereto  or  vote  of  the  stockholders  or 
directors  filed,  taken  or  had,  or  other  proceedings  taken  or  had 

3337  previous  to  the  taking  effect  of  this  act  shall  be  void,  tmless  an 
order  of  the  commission  authorizing  the  issue  of  such  stocks  or 
stock  certificates,  or  bonds,  notes  or  other  evidence  of  indebted- 
ness shall  have  been  obtained  from  the  commission  prior  to  such 
issue.  The  commission  may  by  its  order  impose  such  condition 
or  conditions  as  it  may  deem  reasonable  and  necessary.  Ariz. — 
Same,  sec.  52Q1);  Cal. — Same,  sec.  j2{h). 

KANSAS  Any  issue  of  stocks,  certificates,  bonds,  notes 

or  other  evidences  of  indebtedness,  not  payable  within  one  year, 

3338  which  shall  be  issued  by  such  public  utility  or  common  carrier 
contrary  to  the  provisions  of  this  act,  shall  be  void.  Laws  191 1, 
ch.  2j8,  sec.  25. 

OHIO  All  stocks,  bonds,  notes  or  other  evidence  of 

3339  indebtedness  issued  by  any  public  utility  or  railroad  without  the 

1" Public  service  corporation,"  in  Arizona. 

882 


consent  or  permission  of  the  commission,  as  herein  provided, 
shall  be  void  and  of  no  effect.     Laws  igii,  no.  325,  sec.  58. 

TEXAS  Every  certificate  of  stock  in  any  railroad  com- 

pany and  every  bond  and  other  evidence  of  debt  operating  as  a 

8340  lien  upon  the  property  of  such  railroad  company,  which  shall  be 
made,  issued  or  sold  without  a  compliance  with  this  chapter, 
shall  be  void.     Sayles'  Civ.  Stats.  i8gy,  art.  4S^4.{k). 

WISCONSIN  All  stocks,  certificates  of  stock,  bonds,  notes 

3341  and  other  evidences  of  indebtedness  of  any  public  service  cor- 
poration, issued  contrary  to  the  provisions  of  this  act,  shall  be 
void.     Laws  igii,  ch.  ^gj,  sec.  iyS3~7- 

All  stocks,  certificates  of  stock,  bonds,  notes,  or  other 
evidences  of  indebtedness  issued  or  delivered  by  any  public  serv- 
ice corporation,  after  this  act  takes  effect,  upon  the  authority 
of  any  articles  of  incorporation  or  amendments  thereto  or  vote  of 
834*!  the  stockholders  or  directors  filed,  taken  or  had  previous  to  the 
taking  effect  of  this  act,  shall  be  void  unless  the  certificate  pro- 
vided for  by  this  act  shall  have  been  obtained  from  the  commis- 
sion prior  to  such  issue  or  delivery.  The  burden  of  proof  shall  be 
upon  any  party  claiming  any  exemption  under  this  act.  Same, 
sec.  1753-19- 


L.     APPLICATION    OF    PROCEEDS    OF    IS- 
SUES. 

ARIZONA,  CALIFORNIA 

No  public  utility^  shall,  without  the  consent  of 
the  commission  apply  the  issue  of  any  stock  or  stock  certificate 
or  bond,  note  or  other  evidence  of  indebtedness,  or  any  part 
thereof,  or  any  proceeds  thereof  to  any  purpose  not  specified  in 

3343  the  commission's  order,  or  to  any  purpose  specified  in  the  com- 
mission's order  in  excess  of  the  amount  authorized  for  such  pur- 
pose, or  issue  or  dispose  of  the  same  on  terms  less  favorable 
than  those  specified  in  such  order,  or  a  modification  thereof. 
Ariz. — Sess.  Laws  igi2,  ch.  go,  sec.  52(b);  CaL — Stats.  191 1,  ist. 
ex.  sess.y  ch.  14,  sec.  52(a). 

KANSAS  No  corporation  engaged  in  the  business  of  a 

3344  common  carrier  shall  apply  the  proceeds  of  any  such  stocks, 
certificates  of  stock,  bonds  or  other  evidences  of  indebtedness  to 
any  other  purpose  or  issue  the  same  on  any  less  favorable  terms 

1" Public  service  corporation,"  in  Arizona. 

883 


than  that  specified  in  the  certificate  issued  by  the  commission, 
unless  by  permission  of  commission.    Gen.  Stats,  igog,  sec.  yo6^. 

MASSACHUSETTS  A  company  which  is  within  the  provisions  of 
this  section  shall  not  apply  the  proceeds  of  such  stock  or  bonds  or 
coupon  notes  or  other  evidences  of  indebtedness  as  aforesaid,  to 

8S46  any  ptirpose  not  specified  in  such  certificate.  Rev.  Laws  igo2, 
ch.  log,  sec.  24  {gas,  electric  light,  aqueduct  and  water  companies 
and  corporations  for  transmitting  intelligence  by  electricity). 
Acts  IQ06,  ch.  46 J,  pt.  a,  sec.  65  {railroad  corporation),  sec.  loy 
{street  railway  company). 

NEW  HAMPSHIRE  No  railroad  corporation  or  public  utility  shall 
3346  apply  the  proceeds  of  any  stock,  bonds  or  notes  to  any  other  pur- 
pose than  those  specified  in  the  order  of  the  commission  authoriz- 
ing the  issue  of  the  same.     Laws  igii,  ch.  164,  sec.  i4{a). 

NEW  YORK,  OHIO  Such  corporation  shall  not,  without  the  con- 
sent of  the  commission,  apply  said  issue  or  any  proceeds  thereof, 
to  any  piupose  not  specified  in  such  order.      N.  Y. — Laws  igio, 

8347  ch.  480,  sec.  S5  {common  carrier,  railroad  and  street  railroad  cor- 
porations), sec.  6g  {gas,  and  electrical  corporations),  sec.  ioi{i) 
{telegraph  and  telephone  corporations);  Ohio — Laws  igii,  no.  325, 
sec.  58. 

WISCONSIN  Such  corporation  shall  not  apply  the  proceeds 

of  such  stock,  bonds,  notes  or  other  evidences  of  indebtedness  as 
aforesaid  (issued  for  money  only)  to  any  piurposes  not  specified  in 

3348  such  certificate,  nor  issue  such  stock,  bonds,  notes  or  other 
evidences  of  indebtedness  on  any  terms  not  specified  in  such  cer- 
tificate.    Laws  igii,  ch.  ^gj,  sec.  i753-g{3). 

Such  corporation  shall  not  apply  the  proceeds  of  the  sale  of 
such  stock,  bonds,  notes,  or  other  evidences  of  indebtedness  as 
aforesaid  to  any  purpose  not  specified  in  such  certificate,  nor  issue 
such  stock,  bonds,  notes,  or  other  evidences  of  indebtedness  on 
any  terms  not  specified  in  such  certificate,  and  no  property,  serv- 

8349  ices,  or  other  consideration  than  money  shall  be  taken  in  pay- 
ment to  the  corporation  for  such  stock,  certificates  of  stock,  bonds, 
notes  or  other  evidences  of  indebtedness,  except  at  the  true  value 
of  such  property,  services,  or  other  consideration  than  money, 
as  foimd  and  determined  by  the  commission  and  stated  in  said 
certificate.     Same,  sec.  iTS3~Q{7)' 


884 


I 


M.  DUTY  OF  UTILITIES  TO  ACCOUNT 
TO  COMMISSION  FOR  DISPOSITION 
OF   PROCEEDS. 

ARIZONA,  CALIFORNIA 

The  commission  shall  have  the  power  to  re- 
quire public  utilities^  to  accoimt  for  the  disposition  of  the  pro- 
ceeds of  all  sales  of  stocks  and  stock  certificates,  and  bonds,  notes 

3360  and  other  evidences  of  indebtedness,  in  such  form  and  detail  as  it 
may  deem  advisable,  and  to  establish  such  rules  and  regulations 
as  it  may  deem  reasonable  and  necessary  to  insure  the  disposition 
of  such  proceeds  for  the  purpose  or  piuposes  specified  in  its  order. 
Ariz. — Sess.  Laws  1912,  ch.  go,  sec.  52{c);  Cal. — Stats,  igii,  ist, 
ex,  sess.,  ch.  14,  sec.  52(6). 

NEW  HAMPSHIRE  Every  railroad  corporation  and  public  utility 
issuing  stocks,  bonds  or  other  evidence  of  indebtedness  subject  to 

3361  the  provisions  of  this  section,  shall  file  with  the  commission  an 
account  showing  in  such  detail  as  the  commission  shall  require 
the  disposition  of  the  proceeds  of  such  issue.  Laws  igii,  ch.  164, 
sec.  14(a). 

WISCONSIN  The  commission  shall  have  the  power  to  re- 

quire public  service  corporations  to  account  for  the  disposition  of 
the  proceeds  of  all  sales  of  stocks,  certificates  of  stock,  bonds, 

3362  notes,  and  other  evidences  of  indebtedness,  issued  pursuant  to 
this  act,  in  such  form  and  detail  as  it  may  deem  advisable,  and  to 
do  and  perform  any  and  all  acts  necessary  to  carry  out  the  pro- 
visions of  this  act.     Laws  igii,  ch.  595,  sec.  1753-13. 


N.     CERTIFICATE    OF    AUTHORIZATION 
REQUIRED   TO    BE    RECORDED. 

KANSAS  No  common  carrier  or  pubHc  utility  shall  issue 

any  stock,  certificates,  bonds,  notes  or  other  evidences  of  in- 
debtedness for  money,  property  or  services,  either  directly  or 

3368  indirectly,  nor  shall  it  receive  any  money,  property  or  services 
in  payment  of  the  same,  either  directly  or  indirectly,  until  there 
shall  have  been  recorded  upon  the  books  of  such  corporation  the 
certificate  of  the  commission  herein  provided  for.  Laws  igii, 
ch.  238,  sec.  34. 

» "  Public  service  corporation, "  in  Arizona. 

885 


WISCONSIN  No  public  service  corporation  shall  issue  any 

stocks,  certificates  of  stock,  bonds,  notes  or  other  evidences  of 

3354  indebtedness  for  money,  property  or  services,  either  directly  or 
indirectly,  until  there  shall  have  been  recorded  upon  the  books 
of  such  corporation  the  certificate  of  commission  herein  provided 
for.     Laws  igii,  ch.  ^gj,  sec.  iy^j-12. 

O.    CONTRACT  FOR  CONSOLIDATION  OR 
LEASE   SHALL    NOT   BE   CAPITALIZED. 

ARIZONA,  CALIFORNIA,  MARYLAND,  NEBRASKA 

No  contract  for  consolidation  or  lease  shall  be 
capitalized,  nor  shall  any  public  utility  ^  hereafter  issue  any 
bonds,  notes  or  other  evidences  of  indebtedness  against  or  as  a 

3355  lien  upon  any  contract  for  consolidation  or  merger.  Ariz. — 
Sess.  Laws  igi2,  ch.  go,  sec.  52{h);  Col. — Stats,  igii  ist.  ex. 
sess.,  ch.  14,  sec.  52{a);  Md. — Laws  igio,  ch.  180,  sec.  27  {com- 
mon carrier,  railroad  and  street  railroad  corporations),  sec.  34, 
{gas  and  electrical  corporations);  Neb. — Acts  igog,  ch.  108,  sec.  i. 

NEW  JERSEY  No  public  utility  shall  capitalize  any  contract 

for  consolidation,  merger  or  lease;  issue  any  bonds  or  other 
evidence  of  indebtedness  against  or  as  a  lien  upon  any  contract  for 
consolidation,  merger  or  lease;  provided,  however,  that  the  pro- 

3366  visions  of  this  section  shall  not  prevent  the  issuance  of  stock, 
bonds  or  other  evidence  of  indebtedness  subject  to  the  approval 
of  commission  by  any  lawfully  merged  or  consolidated  public 
utilities  not  in  contravention  of  the  provisions  of  this  section. 
Laws  igii,  ch.  igj,  sec.  i8{f). 


NEW  YORK,  OHIO  Identical  with  par.  3355.  N.  Y.—Laws  igio, 
ch.  480,  sec.  jj  {common  carrier,  railroad  and  street  railroad  cor- 

3867  porations),  sec.  6g  {gas  and  electrical  corporations),  sec.  loi  {tele- 
graph and  telephone  corporations);  Ohio — Laws  igii,  no.  325^ 
sec.  62. 


P.     FRANCHISES    NOT    TO    BE    CAPITAL- 
IZED. 

ARIZONA,  CALIFORNIA 

The  commission  shall  have  no  power  to  author- 
ize the  capitalization  of  the  right  to  be  a  corporation,  or  to 

*" Public  service  corporation,"  in  Arizona;  "corporation,"  in  Maryland  and  Nebraska. 

886 


authorize  the  capitalization  of  any  franchise  or  permit  whatso- 
ever, or  the  right  to  own,  operate  or  enjoy  any  such  franchise  or 

3368  permit  in  excess  of  the  amoimt  (exclusive  of  any  tax  or  annual 
charge)  actually  paid  to  the  state  or  to  a  political  subdivision 
thereof  as  a  consideration  for  the  grant  of  such  franchise,  permit 
or  right.  Ariz. — Sess.  Laws,  igi2,  ch.  go,  sec.  52{h);  Col. — Stats, 
igii,  ist.  ex.  sess.,  ch.  14,  sec.  52{a). 

MARYLAND,  NEBRASKA 

The  commission  shall  have  no  power  to 
authorize  the  capitalization  of  any  franchise  to  be  a  corporation, 
or  to  authorize  the  capitalization  of  any  franchise  or  right  to 
own,  operate  or  enjoy  any  franchise  whatsoever  in  excess  of  the 

3369  amoimt  (exclusive  of  any  tax  or  annual  charge)  actually  paid  to 
the  state  or  to  a  political  subdivision  thereof  as  a  consideration 
for  the  grant  of  such  franchise  or  right.  Md. — Laws  igio,  ch. 
180,  sec.  27  {common  carrier,  railroad  and  street  railroad  corpora- 
tions), sec.  J4  (gas  and  electrical  corporations),  sec.  41  (telephone 
and  telegraph  companies),  sec.  42  {water,  heat,  refrigerator  and 
power  companies);  Neb. — Acts  igog,  ch.  108,  sec.  i. 

NEW  JERSEY  No  public  utility  shall  capitalize  any  franchise 

to  be  a  corporation;  capitalize  any  franchise  in  excess  of  the 

SS60  amount  (exclusive  of  any  tax  or  annual  charge)  actually  paid  to 
the  state  or  any  political  subdivision  thereof  as  a  consideration 
of  such  franchise.     Laws  igii,  ch.  igj,  sec.  i8{f). 

NEW  YORK  Identical  with  par.  3359.    Laws  igio,  ch.  480, 

^^^-  55  {common  carrier,  railroad  and  street  railroad  corporations), 

3361  sec.  6g  {gas  and  electrical  corporations),  sec.  10 1  {telegraph  and 
telephone  corporations). 

OHIO  The   commission    shall    not   have   power   to 

authorize  the  capitalization  of  any  franchise  or  right  to  own, 
operate  or  enjoy  any  franchise  whatsoever  in  excess  of  the 

3362  amount  (exclusive  of  any  tax  or  annual  charge)  actually  paid  to 
any  poHtical  subdivision  of  the  state  or  coimty  as  the  considera- 
tion for  the  grant  of  such  franchise  or  right.  Laws  igii,  no. 
325,  sec.  62. 

WISCONSIN  In  determining  the  value  of  the  property  of  a 

public  service  corporation  or  any  person  furnishing  service  to  the 
public  for  the  purposes  of  this  act,  no  franchise  to  be  a  corpora- 

3363  tion  and  no  franchise  or  privilege  granted  to  such  corporation 
by  the  state  or  a  mtmicipality  shall  be  appraised,  fixed  or  con- 

887 


sidered  at  any  greater  sum  or  value  than  the  sum  paid  therefor 
into  the  public  treasury  of  the  state  or  the  municipality  granting 
the  same.     Laws  igii,  ch.  jgj,  sec.  1753-15. 


Q.     CAPITAL    OF     CONSOLIDATED    COR- 
PORATION. 

MARYLAND  The  capital  stock  of  corporations  formed  by 

the  merger  or  consolidation  of  two  or  more  other  corporations 
shall  not  exceed  the  sum  of  the  capital  stock  of  the  corporations 

SS64  so  consolidated,  at  the  par  value  thereof,  or  such  sum  and  any 
additional  sum  actually  paid  in  cash.  Laws  igio,  ch.  180,  sec.  27 
{common  carrier,  railroad  and  street  railroad  corporations),  sec.  34 
(gas  and  electrical  corporations). 

MASSACHUSETTS  When  a  gas  company  incorporated  under  the 
laws  of  Massachusetts  consolidates  with  any  other  gas  company 
or  companies,  or  an  electric  light  company  incorporated  under 
the  laws  of  Massachusetts  consolidates  with  any  other  such 

8S66  electric  light  company  or  companies,  or  any  such  gas  company 
or  companies  consolidates  with  any  such  electric  light  company 
or  companies,  the  aggregate  amount  of  the  capital  stock  and  the 
aggregate  amount  of  the  debt  of  the  consolidated  companies 
shall  not  by  reason  of  such  consolidation  be  increased.  Acts 
igo6,  ch.  382,  sec.  i. 

NEBRASKA,  NEW  YORK 

Identical  with  par.  3364.     Neh. — Acts  igog, 
ch.  io8y  sec.  i;  N.  Y. — Laws  igio,  ch.  480,  sec.  55  (common  car- 
S866  tier,  railroad  and  street  railroad  corporations),  sec.  6g  (gas  and 
electrical  corporations),  sec.  loi  (telegraph  and  telephone  corpora- 
tions). 

OHIO  The  aggregate  amount  of  the  debt  of  consoli- 

dated companies  by  reason  of  such  consolidation  shall  not  be 
increased,  nor  shall  the  capital  stock  of  a  corporation  formed  by 

tsOT  the  merger  or  consolidation  of  two  or  more  corporations  exceed 
the  sum  of  the  capital  stock  of  the  corporation  or  corporations 
so  consolidated  or  merged  at  the  par  value  thereof,  and  such  sum 
or  any  additional  sum  actually  paid  in  cash.  Laws  igii,  no. 
325,  sec.  62. 

888 


R.  MANNER  IN  WHICH  RAILROADS  AND 
STREET  RAILWAYS  MAY  INCREASE 
CAPITAL  ISSUES  FOR  SPECIAL  PUR- 
POSES DESIGNATED. 

MAINE  Any  railroad  desiring  to  change  the  gauge  of 

its  road  shall  by  vote  increase  its  capital  stock  to  the  amount 
required  by  section  i  of  this  chapter  if  the  existing  capital  be  not 
equal  to  such  amoiint,  and  shall  present  to  commission  a  written 
application  subscribed  and  sworn  to  by  a  majority  of  its  directors, 
setting  forth  the  desire  of  the  petitioners,  and  that  the  increased 

8368  amount  of  capital  stock  has  been  in  good  faith  subscribed  by 
responsible  persons,  and  that  five  per  cent,  thereof  has  been 
paid,  in  cash,  to  the  treasurer  of  such  corporation.  If  such  ap- 
plication be  approved  by  commission  such  corporation  shall 
make  and  file  a  new  location  as  provided  by  section  8  of  this 
chapter.     Rev.  Stats.  1903,  ch.  5/,  sec.  g. 

A  railroad  corporation  for  the  purpose  of  building  a  branch 
railroad  track  which  it  *s  or  may  be  authorized  to  build,  or  of  build- 
ing a  branch  or  extension  which  it  is  or  may  be  authorized  to 
build,  or  of  aiding  in  the  construction  of  another  railroad  pur- 
suant to  law,  or  of  building  stations,  or  of  abolishing  grade 
crossings,  or  of  making  permanent  improvements,  or  of  paying 
its  floating  debt,  or  of  paying  its  funded  debt,  or  for  payment  of 
money  borrowed  for  any  lawful  purpose,  or  for  the  purchase  of 
shares  of  the  capital  stock  of  any  railroad  corporation  whose 
railroad  is  leased  to  or  operated  by  it,  or  for  the  piu'chase  of 
shares  of  the  capital  stock  of  any  railroad  corporation  of  which 
capital  stock  it  owns  a  majority,  or  for  improving  the  alignment 

8869  of  its  road,  or  for  acquiring  land  for  and  laying  new  tracks,  or 
for  other  necessary  and  lawful  purposes  not  named  in  section 
five,  from  time  to  time,  with  the  approval  of  commission,  as 
hereinafter  provided,  may  increase  its  capital  stock  beyond  the 
amount  fixed  by  law  by  issuing  common  or  preferred  stock,  pro- 
vided such  increase  shall  first  be  authorized  by  vote  of  a  majority 
of  stock,  present  or  represented,  at  a  legal  meeting  of  the  cor- 
poration duly  called  for  that  purpose.  If  preferred  stock  be 
issued  the  character  of  such  stock,  including  its  voting  power, 
if  any,  and  the  rate  of  interest  it  shall  bear  and  whether  it  shall 
be  cumulative  or  non-cumulative,  shall  be  fixed  by  vote  of  the 

889 


majority  of  stock  present  or  represented  at  such  legal  meeting. 
Same,  sec.  ig. 

Upon  petition  of  the  directors  of  a  railroad  corporation  to 
commission,  the  amoimt  of  such  increase,  after  such  notice  by- 
publication  as  commission  shall  order,  and  after  hearing,  shall 
be  determined  by  commission  who  shall  within  30  days  after 
final  hearing  of  said  petition  file  in  the  office  of  the  secretary  of 

3370  state  a  certificate  showing  the  amount  of  increase  authorized  and 
the  purposes  for  which  the  proceeds  of  said  new  stock  may  be 
used;  and  the  company  shall  not  apply  such  increase  or  the  pro- 
ceeds thereof  to  any  purpose  not  specified  in  said  certificate,  and 
may  be  enjoined  from  so  doing  by  any  justice  of  the  supreme 
judicial  coiirt  upon  application  of  commission  or  of  any  interested 
party.     Same,  sec.  20. 

NEW  HAMPSHIRE  A  railroad  corporation  for  the  purpose  of 
building  a  branch  or  extension  of  its  railroad,  or  of  aiding  in  the 
construction  of  another  railroad,  or  of  taking  stock  in  an  elevator 
corporation  and  erecting  and  operating  elevators  upon  its  own 
road  and  upon  those  leased  to  or  operated  by  it,  or  of  building 
depots  or  of  abolishing  grade  crossings  or  of  building  or  pur- 
chasing power  houses,  shops  or  other  structiires  and  machinery 
or  equipment  for  the  same,  or  of  making  permanent  improve- 
ments or  additions  to  its  plant,  rolling  stock  or  appliances,  or  of 
purchasing  the  shares  of  the  capital  stock  of  any  railroad  cor- 
poration whose  railroad  property  is  leased  to  or  to  be  operated  by 

3371  it,  or  of  any  other  railroad  corporation  a  majority  of  the  capital 
stock  of  which  is  owned  by  the  purchasing  road,  or  of  paying  or 
refunding  its  funded  debt,  or  of  paying  floating  indebtedness  or 
money  borrowed,  where  such  debt  or  indebtedness  was  created 
or  the  money  used  for  any  of  the  purposes  hereinbefore  enumer- 
ated, may  from  time  to  time,  with  the  authority  of  the  com- 
mission as  herein  provided,  increase  its  capital  stock  or  bonds 
beyond  the  amounts  fixed  and  limited  by  its  articles  of  asso- 
ciation or  its  charter,  or  by  any  act  of  the  general  court,  provided 
that  such  increase  shall  first  be  authorized  by  the  vote  of  a 
majority  of  the  stockholders  present  at  any  meeting  of  the  cor- 
poration duly  called  for  that  purpose.     Laws  igii,  ch.  164,  sec. 


NEW  YORK  Subject  to  the  limitations  and  requirements  of 

this  chapter  and  of  the  public  service  commissions  law  every 
railroad  corporation,  in  addition  to  the  powers  given  by  the 

890 


general  and  stock  corporation  laws,  shall  have  power  from  time 
to  time  to  borrow  such  sums  of  money  as  may  be  necessary  for 
completing  and  finishing  or  operating  or  improving  its  railroad, 
or  for  any  other  of  its  lawful  purposes  and  to  issue  and  dispose  of 
its  bonds  for  any  amoimt  so  borrowed,  and  to  mortgage  its  prop- 
erty and  franchises  to  secure  the  payment  of  any  debts  contracted 
by  the  company  for  the  purposes  aforesaid,  notwithstanding  any 
limitation  on  such  power  contained  in  any  general  or  special  law. 
But  no  mortgage,  except  purchase-money  mortgages,  shall  be 
issued  by  any  railroad  corporation  under  this  chapter  or  any 
other  law  without  the  consent  of  the  public  service  commission, 
and  the  consent  of  the  stockholders  owning  at  least  two-thirds  of 
the  stock  of  the  corporation,  which  consent  shall  be  in  writing, 
and  shall  be  given  and  certified  and  be  filed  and  recorded  in  the 
office  of  the  clerk  or  register  of  the  county  where  it  has  its  prin- 
cipal place  of  business,  as  provided  in  section  six  of  the  stock  cor- 
poration law;  or  else  the  consent  of  the  public  service  commission 
and  the  consent  by  their  votes  of  stockholders  owning  at  least 
3372  two-thirds  of  the  stock  of  the  corporation  which  is  represented 
and  voted  upon  in  person  or  by  proxy  at  a  meeting  called  for 
that  purpose  upon  a  notice  stating  the  time,  place  and  object  of 
the  meeting,  served  at  least  three  weeks  previously  upon  each 
stockholder  personally,  or  mailed  to  him  at  his  post  office  ad- 
dress, and  also  published  at  least  once  a  week  for  three  weeks  suc- 
cessively in  some  newspaper  printed  in  the  city,  town  or  county 
where  such  corporation  has  its  principal  office,  and  a  certificate  of 
the  vote  at  such  meeting  shall  be  signed  and  sworn  to  and  shall  be 
filed  and  recorded  as  provided  by  section  six  of  the  stock  corpora- 
tion law.  When  authorized  by  the  stockholders'  consent  to  any 
bonds  made  or  issued  under  this  section,  the  directors,  under 
such  regulations  as  they  may  adopt,  may  confer  on  the  holder  of 
any  such  bonds  the  right  to  convert  the  principal  thereof, 
after  two  and  not  more  than  twelve  years  from  the  date  of  the 
bond,  into  stock  of  the  corporation  at  a  price  fixed  by  the  board 
of  directors,  which  may  be  either  par  or  a  price  not  less  than  the 
market  value  thereof  at  the  date  of  such  consent  to  such  bonds; 
and  if  the  capital  stock  shall  not  be  sufficient  to  meet  the  con- 
version when  made,  the  board  of  directors  shall  authorize  an  in- 
crease of  capital  stock  sufficient  for  that  purpose.  Laws  igio, 
ch.  481,  sec.  8(10). 

Any  railroad  company  incorporated  under  chapter  140, 
of  the  laws  of  1850  entitled  ''An  act  to  authorize  the  formation 
of  railroad  corporations  and  to  regulate  the  same,"  and  acts 

891 


amendatory  thereof  and  supplementary  thereto,  may  change  the 
gauge  of  its  road  on  consent  of  the  public  service  commission  and 
approval  of  the  stockholders  of  said  railroad  company  owning 
three-foiu*ths  in  amount  of  the  capital  stock,  said  approval  of 
said  stockholders  to  be  made  at  a  special  meeting  of  the  stock- 
SS7S  holders  of  said  company  called  for  that  purpose;  and  upon  like 
consent  of  said  commission,  and  upon  like  approval  of  the  stock- 
holders of  said  railroad  company  owning  three-fourths  in  amount 
of  the  said  capital  stock  of  said  company,  the  floating  and 
bonded  indebtedness  of  said  railroad  company  may  be  increased 
to  an  amoimt  necessary  to  make  such  change  of  gauge  and  to 
provide  for  the  operating  expenses  of  said  railroad,  notwithstand- 
ing restrictions  or  limitations  contained  in  the  original  certificate 
of  incorporation  of  said  railroad  company.     Same,  sec.  25. 

RHODE  ISLAND  The  several  street  railway  companies  in  this 
state  accepting  the  provision  of  this  chapter  may  hereafter  in- 
crease their  capital  stock  from  time  to  time  to  meet  the  costs  and 

ss7i  expenditiires  actually  made  for  extensions  and  for  new  con- 
struction and  equipment,  and  the  cost  of  such  extensions  or  im- 
provements shall  be  certified  by  the  railroad  commissioner,  and 
all  issues  of  capital  stock  for  such  purpose  shall  be  subject  to  the 
approval  of  such  officer.     Gen.  Laws  igog,  ch.  216,  sec.  4. 

WISCONSIN  The  capital  stock  of  any  such  corporation  may 

be  increased  to  such  an  amount  as  may  by  its  stockholders  be 
deemed  necessary  for  the  purchase  or  construction  of  any  rail- 
road which  it  may  be  legally  empowered  to  piirchase  or  construct, 
for  additions  to,  or  improvements  of,  its  railroad  or  property  for 
additional  equipment  which  may  be  necessary  in  the  operation  of 
its  railroad,  for  real  estate  that  may  be  needed  by  said  corpor- 
ation for  railway  purposes,  and  for  the  purchase,  construction, 
and  equipment  of  any  extension,  branch,  or  addition  to  any  rail- 
road, the  capital  stock  of  which  is  owned  or  held  in  trust  for 
said  corporation,  by  a  majority  vote  of  all  its  stock,  in  person  or 
by  proxy  at  any  annual  meeting  or  at  any  meeting  called  by  its 
directors  for  that  purpose,  by  a  notice  in  writing  to  each  stock- 
holder, to  be  served  on  him  personally  or  by  depositing  the  same 
in  the  post  office,  postage  paid,  properly  directed  to  him  at  the 

SS7B  post  office  nearest  his  usual  place  of  residence,  at  least  twenty  days 
prior  to  such  meeting.  Such  notice  shall  state  the  time  and 
place  of  such  meeting,  its  object,  and  the  amount  to  which  it  is 
proposed  to  increase  such  capital  stock.     No  vote  in  favor  of  such 

892 


increase  shall  take  effect  until  the  proceedings  of  such  meeting, 
showing  the  names  of  all  the  stockholders  voting  therefor  and  the 
amount  of  stock  owned  by  each,  shall  be  entered  upon  the  records 
of  such  corporation  nor  imtil  the  railroad  commission  shall  have 
issued  its  certificate  that  such  increase  of  stock  is  reasonably 
necessary  to  accomplish  the  objects  of  the  incorporation  of  such 
railroad  company.  Every  such  corporation,  so  increasing  its 
capital  stock,  shall  file  with  the  secretary  of  state,  whenever  issues 
of  stock  shall  be  made  under  this  section,  a  report  showing  the 
amount  issued  and  the  ptirposes  to  which  it  has  been,  or  is  to  be, 
devoted,  which  report  shaU  be  verified  by  the  oath  of  the  presi- 
dent or  the  general  manager  thereof,  and  of  the  chief  engineer. 
Laws  igog,  ch.  jjo,  sec.  1826. 

S.     STOCK   OR   SCRIP   DIVIDENDS.^ 

ARIZONA,  CALIFORNIA 

See  par.  yiS. 

KANSAS,  OHIO  No  common  carrier  or  public  utility  shall  de- 

clare any  stock,  bond  or  scrip  dividend  or  divide  the  proceeds 

S876  of  the  sale  of  any  stocks,  bond  or  scrip  among  its  stockholders 
unless  authorized  by  commission  so  to  do.  Kas. — Laws  igiiy 
ch.  2j8,  sec.  J5;  Ohio — Laws  igii,  no.  325.  sec.  61  {public  utility 
or  railroad). 

WISCONSIN  See  par.  4523. 

T.  SALE  OF  STOCK  TO  STOCKHOLDERS 
AND  AUCTION  CLAUSE. 

MAINE  Whenever  a  railroad  corporation  which  is  in 

actual  possession  of  and  operating  a  raih-oad  increases  its  capital 
stock  imder  the  provisions  of  the  preceding  section,^  the  new 
shares  shall  be  offered  proportionately  to  its  stockholders  at 
such  price,  not  less  than  the  par  value  thereof,  as  shall  be  de- 
termined by  its  stockholders.  The  directors,  upon  the  approval 
of  such  increase  as  provided  in  the  preceding  section,  shall  cause 
written  notice  of  such  increase  to  be  given  to  each  stockholder 
of  record  upon  the  books  of  the  company  at  the  date  of  the  vote 
to  increase,  stating  the  amount  of  the  increase,  the  number  of 
shares  or  fraction  of  shares  to  which,  according  to  the  propor- 
tionate nimiber  of  his  shares  at  the  date  of  the  vote  to  increase, 

1  The  laws  of  many  states  prohibit  stock  or  scrip  dividends.     The  Kansas  and  Ohio 
legislation  is  peculiar  because  it  appears  to  confer  di^n^tionai  power  on  the  commissions. 

2  Rev.  Stats.  1903,  ch.  51,  sec,  20. 

893 


he  is  entitled,  the  price  at  which  he  is  entitled  to  take  them,  and 
fixing  a  time  not  less  than  1 5  days  after  the  date  of  such  vote  to 
increase  within  which  he  may  subscribe  for  such  additional  stock. 
Each  stockholder  may,  within  the  time  limited,  subscribe  for 
his  portion  of  such  stock,  which  shall  be  paid  for  in  cash  before 
the  issue  of  a  certificate  therefor.  Provided,  when  the  increase 
in  the  capital  stock  does  not  exceed  four  per  cent,  of  the  existing 
capital  stock  of  the  corporation,  the  directors,  without  first 
offering  the  same  to  the  stockholders,  may  sell  the  same  at 
3377  auction  to  the  highest  bidder  at  not  less  than  the  par  value 
thereof.  If,  after  the  expiration  of  the  notice  above  provided 
for,  any  shares  of  such  stock  remain  unsubscribed  for  by  the 
stockholders  entitled  to  take  them  the  directors  may  sell  the 
same  at  auction.  All  shares  of  stock  to  be  disposed  of  at  auction 
under  the  provisions  of  this  section  shall  be  offered  for  sale  to  the 
highest  bidder  in  the  city  of  Boston,  or  in  such  city  or  town  as 
may  be  prescribed  by  commission;  and  notice  of  the  time  and 
place  of  such  sale  shall  be  published  at  least  five  times  during 
the  ten  days  immediately  preceding  the  time  fixed  for  the  sale, 
in  such  daily  newspapers,  not  less  than  three  in  number,  as  may 
be  prescribed  by  the  comjnission.  No  shares  shall  be  sold  or 
issued  for  a  less  simi,  to  be  actually  paid  in  cash,  than  the  par 
value  thereof .  Provided  further,  that  the  determination  by  the 
commission,  under  the  provisions  of  the  preceding  section  as  to 
the  amount  of  such  increase,  shall  be  based  upon  the  price  at 
which  such  stock  is  to  be  issued  as  fixed  by  the  stockholders,  and 
also  provided  that  said  commission  shall  refuse  to  approve  any 
particular  issue  of  stock  if,  in  their  opinion,  the  price  fixed  by 
the  stockholders  is  so  low  as  to  be  inconsistent  with  the  public 
interest.  Rev.  Stats,  igoj,  ch.  51,  sec.  21,  as  amended  by  Acts 
igog,  ch.  32. 

MASSACHUSETTS  If  a  corporation  which  owns  or  operates  a 
railroad  or  street  railway,  a  gas  light,  electric  light,  aqueduct  or 
water  company,  or  a  corporation  which  is  established  for  and  is 
engaged  in  the  business  of  transmitting  intelligence  by  elec- 
tricity, increases  its  capital  stock,  such  new  shares  as  are  neces- 
sary to  produce  the  amoimt  of  increased  capital  stock  which  has 
been  authorized  shall,  except  as  provided  in  the  following  sec- 
tion, be  offered  proportionately  to  its  stockholders  at  not  less 
than  the  market  value  thereof  at  the  time  of  increase,  to  be  de- 
termined by  the  railroad  commission  in  the  case  of  a  railroad 
corporation  or  street  railway  company,  by  the  gas  and  electric 

894 


light  commission  in  the  case  of  a  gas  light  or  electric  light  com- 
pany, and  by  the  commissioner  of  corporations  in  the  case  of  an 
aqueduct  or  water  company  or  of  a  corporation  which  is  estab- 
lished for  and  is  engaged  in  the  business  of  transmitting  intel- 

3378  ligence  by  electricity,  taking  into  accotmt  previous  sales  of 
stock  of  the  corporation  and  other  pertinent  conditions,  which 
determination  shall  be  in  writing  and  with  the  date  thereof 
shall  be  certified  to  and  recorded  in  the  books  of  the  corporation. 
The  directors,  upon  the  approval  of  such  increase  as  provided  in 
section  24^  and  the  determination  of  the  market  value  as  here- 
inbefore provided,  shall  cause  written  notice  of  such  increase  to 
be  given  to  each  stockholder  who  was  such  at  the  date  of  the 
vote  to  increase,  stating  the  amount  of  such  increase,  the  num- 
ber of  shares  or  fractions  of  shares  to  which  he,  according  to  the 
proportionate  number  of  his  shares  at  the  date  of  such  vote,  is 
entitled,  the  price  at  which  he  is  entitled  to  take  them,  and  fixing 
a  time,  not  less  than  15  days  after  the  date  of  such  determination, 
within  which  he  may  subscribe  for  such  additional  stock.  Each 
stockholder  may,  within  the  time  limited,  subscribe  for  his  por- 
tion of  such  stock,  which  shall  be  paid  for  in  cash  before  the 
issue  of  a  certificate  therefor.     Rev.  Laws  igo2,  ch.  log,  sec.  jo.^ 

If  the  increase  in  the  capital  stock  which  is  subject  to  the 
provisions  of  the  preceding  section  does  not  exceed  four  per  cent. 
of  the  existing  capital  stock  of  the  corporation,  the  directors, 
without  first  offering  the  same  to  the  stockholders,  may,  and  if, 
after  the  expiration  of  the  time  limited  in  the  notice  required  by 
the  preceding  section,  any  shares  remain  imsubscribed  for  by  the 
stockholders  entitled  to  take  them,  the  directors  shall  sell  them 

3379  by  auction  to  the  highest  bidder  at  not  less  than  the  par  value 
thereof  to  be  actually  paid  in  cash.  Such  shares  shall  be  offered 
for  sale  in  the  city  of  Boston  or  in  such  other  city  or  town  as  may 
be  prescribed  by  commission;  and  notice  of  the  time  and  place 
of  such  sale  shall  be  published  at  least  five  times  during  the  ten 
days  immediately  preceding  the  sale  in  each  of  at  least  three  of 
such  daily  newspapers  as  may  be  prescribed  by  such  commission. 
No  shares  shall  be  sold  or  issued  under  this  or  the  preceding  sec- 
tion for  a  less  amoimt  to  be  actually  paid  in  cash  than  the  par 
value  thereof.    Same,  sec.  31.^ 

Whenever  the  company  shall  issue  additional  stock,  it  shall 
be  the  duty  of  the  gas  and  electric  light  commission  in  deciding 

1  Rev.  Laws  1902,  ch.  109,  sec.  24. 

*  Sections  30  and  31  are  repealed  so  far  as  they  apply  to  railroads  or  railroad  corpora- 
tions and  to  street  railways  or  street  railway  companies. 


what  amotint  of  new  stock  is  to  be  authorized,  to  place  a  value 
upon  such  new  stock,  which  value  shall  be  stated  in  their  written 
decision,  and  before  offering  the  new  shares  to  the  existing  share- 
holders of  the  company,  the  company  shall  offer  the  new  shares 
for  sale  by  public  auction  in  the  city  of  Boston,  in  such  manner, 
at  such  times,  and  subject  to  such  conditions  of  sale  as  the  com- 

S380  pany  shall  from  time  to  time  determine,  subject  however,  to  the 
approval  of  the  gas  and  electric  light  commission:  provided,  that 
no  bid  at  any  such  auction  shall  be  accepted  for  a  price  less  than 
the  value  placed  upon  the  stock  by  the  gas  and  electric  light  com- 
mission as  aforesaid;  and  provided,  further,  that  notice  of  the 
proposed  sale  of  said  stock  by  public  auction  together  with  the 
terms  and  conditions  of  sale  shall  be  published  in  at  least  three 
newspapers  in  the  city  of  Boston  twice  a  week  for  not  less  than 
three  successive  weeks  before  the  day  of  auction.  Acts  igo6, 
ch.  422,  sec.  y} 

When  any  stock  which  has  been  offered  for  sale  by  auction  is 
not  sold,  the  same  shall  be  offered  at  the  price  so  placed  upon  it 
by  the  gas  and  electric  light  commission  to  the  stockholders  of 
the  company,  in  accordance  with  the  provisions  of  section  30  of 
chapter  109  of  the  revised  laws;  provided,  that  any  stock  so 
offered  and  not  accepted  by  the  stockholders   shall   again  be 

SS8I  offered  for  sale  by  public  auction,  in  accordance  with  the  pro- 
visions of  section  31  of  chapter  109  of  the  revised  laws;  and  pro- 
vided, further,  that  if  the  new  stock  authorized  does  not  exceed 
four  per  cent,  of  the  existing  capital  stock  of  the  company  the 
same  may  be  sold  in  accordance  with  the  provisions  of  said  section 
31  without  being  first  offered  to  the  stockholders.  Same,  sec. 
8} 

If  a  corporation  which  owns  or  operates  a  railroad  increases 
its  capital  stock,  such  new  shares  as  are  necessary  to  produce  the 
amount  of  increased  capital  stock  which  has  been  authorized  shall, 
except  as  provided  in  the  following  section,  be  offered  propor- 
tionately to  its  stockholders  at  such  price  not  less  than  the 
market  value  thereof  at  the  time  of  increase,  as  may  be  determined 
by  the  railroad  commission,  taking  into  account  previous  sales 
of  stock  of  the  corporation  and  other  pertinent  conditions, 
which  determination  shall  be  in  writing  and  with  the  date  thereof 
shall  be  certified  to  and  recorded  in  the  books  of  the  corporation. 
The  directors,  upon  the  approval  of  such  increase  as  provided  iri 
section  65,^  and  the  determination  of  the  market  value  as  herein- 


»  Boston  Sliding  Scale  Act. 

3  Acts  1906,  ch.  463,  pt.  ii,  sec.  65. 


896 


3383  before  provided,  shall  cause  written  notice  of  such  increase  to 
be  given  to  each  stockholder  of  record  upon  the  books  of  the  cor- 
poration at  the  close  of  business  on  the  date  of  such  determination 
by  commission,  stating  the  amount  of  such  increase,  the  niimber 
of  shares  or  fractions  of  shares  to  which  he,  according  to  the  pro- 
portionate nimiber  of  his  shares  at  the  date  of  such  determina- 
tion, is  entitled,  the  price  at  which  he  is  entitled  to  take  them,  and 
fixing  a  time,  not  less  than  1 5  days  after  the  date  of  such  determi- 
nation by  commission,  within  which  he  may  subscribe  for  such 
additional  stock.  Each  stockholder  may,  within  the  time  lim- 
ited, subscribe  for  his  portion  of  such  stock,  which  shall  be  paid 
for  in  cash  before  the  issue  of  a  certificate  therefor.  Acts  igo6, 
ch.  46J,  pt.  ii,  sec.  6g. 

If  the  increase  in  the  capital  stock  which  is  subject  to  the 
provisions  of  the  preceding  section  does  not  exceed  four  per  cent, 
of  the  existing  capital  stock  of  the  corporation,  the  directors, 
without  first  offering  the  same  to  the  stockholders  may  sell  them 
by  auction  to  the  highest  bidder  at  not  less  than  the  par  value 
thereof  to  be  actually  paid  in  cash.  They  may  also  so  sell  at 
public  auction  any  shares,  which,  after  the  expiration  of  the 
time  limited  in  the  notice  required  by  the  preceding  section,  re- 

3383  main  unsubscribed  for  by  the  stockholders  entitled  to  take  them. 
Such  shares  shall  be  offered  for  sale  in  the  city  of  Boston,  or  in 
such  other  city  or  town  as  may  be  prescribed  by  the  railroad  com- 
mission; and  notice  of  the  time  and  place  of  such  sale  shall  be 
published  at  least  five  times  during  the  ten  days  immediately 
preceding  the  sale  in  each  of  at  least  three  of  such  daily  newspapers 
as  may  be  prescribed  by  commission.  No  shares  shall  be  sold  or 
issued  under  this  or  the  preceding  section  for  a  less  amount  to  be 
actually  paid  in  cash  than  the  par  value  thereof.  Same,  sec.  jo. 
If  a  company  which  owns  or  operates  a  street  railway  in- 
creases its  capital  stock,  ^  such  new  shares  as  are  necessary  to 

lActs  1906,  Chapter  463,  Part  iii,  section  103,  authorizes  a  street  railway  company, 
for  the  purposes  therein  specified,  to  increase  its  capital  stock  or  issue  bonds  secured  by  mort- 
gage or  otherwise  to  such  an  amount  beyond  the  amounts  fixed  and  limited  by  its  agreement 
of  association  or  its  charter  or  by  any  special  law,  as  the  railroad  commission  shall  determine 
to  be  required  for  the  pvuposes  specified  and  shall  approve  for  such  purposes,  in  accordance 
with  the  provisions  of  sections  107,  108,  in  and  112  of  Part  iii,  and  of  sections  48  to  56, 
inclusive,  of  Part  ii. 

Sections  48  to  56  of  Part  ii  prescribe  the  manner  in  which  railroad  corporations  for 
the  purposes  therein  specified  may,  in  accordance  with  the  provisions  of  sections  65  and  66 
of  Part  ii,  issue  coupon  or  registered  bonds,  coupon  notes  or  other  evidences  of  indebtedness 
payable  at  periods  of  more  than  12  months  from  the  date  thereof. 

Under  Laws  1909,  ch.  485,  sec.  i,  street  railway  companies,  for  the  purpose  of  sup- 
plying themselves  with  working  capital,  in  addition  to  the  purposes  for  which  such  companies 
may  increase  their  capital  stock  or  issue  bonds  as  provided  in  section  103,  of  Part  iii  of 
Chapter  463,  of  Acts  1906,  may,  in  accordance  with  the  provisions  of  sections  107,  108,  no, 
III,  and  112  of  Part  iii  of  said  chapter,  or  of  Chapter  636  of  Acts  1908,  as  amended  by 
Chapter  369  of  Acts  1909.  and  of  sections  48  to  56  of  Part  ii  of  Chapter  463  of  Acts  1906, 
increase  their  capital  stock  to  an  amount  not  exceeding  five  per  cent,  of  the  par  value  of  their 
capital  stock  then  outstanding,  or  may  issue  bonds  to  an  amount  not  more  than  the  railroad 
commission  shall  determine  will  be  properly  required  for  such  purpose  and  as   commission 

897 


produce  the  amotmt  of  increased  capital  stock  which  has  been 
authorized  shall,  except  as  provided  in  the  following  section,  be 
offered  proportionately  to  its  stockholders  at  such  price  not  less 
than  the  market  value  thereof  at  the  time  of  increase,  as  may  be 
determined  by  the  railroad  commission,  taking  into  accoimt 
previous  sales  of  stock  of  the  company  and  other  pertinent  con- 
ditions, which  determination  shall  be  in  writing  and  with  the 
date  thereof  shall  be  certified  to  and  recorded  in  the  books  of  the 
company.  The  directors,  upon  the  approval  of  such  increase  as 
provided  in  section  loy,^  and  the  determination  of  the  market 
8384  value  as  hereinbefore  provided,  shall  cause  written  notice  of  such 
increase  to  be  given  to  each  stockholder  of  record  upon  the 
books  of  the  company  at  the  close  of  business  on  the  date  of  such 
determination  by  commission,  stating  the  amount  of  such  in- 
crease, the  number  of  shares  or  fractions  of  shares  to  which  he, 
according  to  the  proportionate  number  of  his  shares  at  the  date 
of  such  determination,  is  entitled,  the  price  at  which  he  is  en- 
titled to  take  them,  and  fixing  a  time,  not  less  than  15  days  after 
the  date  of  such  determination  by  commission,  within  which 
he  may  subscribe  for  such  additional  stock.  Each  stockholder 
may,  within  the  time  limited,  subscribe  for  his  portion  of  such 
stock,  which  shall  be  paid  for  in  cash  before  the  issue  of  a  certifi- 
cate therefor.     Acts  igo6,  ch.  463,  pL  m,  sec.  m. 

If  the  increase  in  the  capital  stock  which  is  subject  to  the 
provisions  of  the  preceding  section  does  not  exceed  four  per  cent, 
of  the  existing  capital  stock  of  the  company,  the  directors,  with- 
out first  offering  the  same  to  the  stockholders,  may  sell  them  by 
auction  to  the  highest  bidder  at  not  less  than  the  par  value 
thereof  to  be  actually  paid  in  cash.  They  may  also  so  sell  at 
public  auction  any  shares,  which,  after  the  expiration  of  the  time 
limited  in  the  notice  required  by  the  preceding  section,  remain 
1386  unsubscribed  for  by  the  stockholders  entitled  to  take  them. 
Such  shares  shall  be  offered  for  sale  in  the  city  of  Boston,  or  in 
such  other  city  or  town  as  may  be  prescribed  by  the  railroad 
commission;  and  notice  of  the  time  and  place  of  such  sale  shall 
be  published  at  least  five  times  during  the  ten  days  immediately 
preceding  the  sale  in  each  of  at  least  three  of  such  daily  news- 
y  papers  as  may  be  prescribed  by  commission.  No  shares  shall 
be  sold  or  issued  under  this  or  the  preceding  section  for  a  less 

shall  approve  as  being  consistent  with  the  interests  of  the  public  and  of  the  stockholders  and 
as  not  unreasonably  reducing  the  security  of  any  bond  previously  issued,  beyond  the  amounts 
fixed  and  limited  by  their  agreement  of  association  or  by  the  provisions  of  any  general  or 
special  law. 

»Acts  1906,  ch.  463,  pt.  iii,  sec.  107. 

898 


amount  to  be  actually  paid  in  cash  than  the  par  value  thereof. 
Same,  sec.  112. 

Any  railroad,  street  railway,  electric  railroad  or  elevated 
railway  company  which  is  in  actual  possession  of  and  operating 
a  railroad  or  railway  shall,  upon  any  increase  of  its  capital 
stock,  except  as  provide^  in  the  following  section,  offer  the  new 
shares  proportionately  to  its  stockholders  at  such  price  not  less 
than  the  par  value  thereof  as  may  be  determined  by  its  stock- 
holders. The  directors  upon  the  approval  of  such  increase,  as 
provided  in  section  65  ^  of  part  II  and  section  107^  of  part  III 
of  chapter  463  of  the  acts  of  1906,  shall  cause' written  notice  of 
such  increase  to  be  given  to  each  stockholder  of  record  upon  the 

3386  books  of  the  company  at  such  date  as  shall  be  designated  by 
vote  of  the  directors  passed  after  the  approval  by  the  commission 
of  such  issue,  stating  the  amount  of  the  increase,  the  number  of 
shares  or  fractions  of  shares  to  which,  according  to  the  pro- 
portionate nimiber  of  his  shares  at  said  date  designated  by  vote 
of  the  directors,  he  is  entitled,  the  price  at  which  he  is  entitled 
to  take  them,  and  fixing  a  time  not  less  than  1 5  days  after  said 
date  designated  by  vote  of  the  directors  within  which  he  may 
subscribe  for  such  additional  stock.  Each  stockholder  may 
within  the  time  limited  subscribe  for  his  portion  of  such  stock, 
which  shall  be  paid  for  in  cash  before  the  issue  of  a  certificate 
therefor.     Acts  igo8,  ch.  6j6,  sec.  i. 

If  the  increase  in  the  capital  stock  which  is  subject  to  the 
provisions  of  the  preceding  section  does  not  exceed  four  per  cent, 
of  the  existing  capital  stock  of  the  company,  the  directors, 
without  first  offering  the  same  to  the  stockholders,  may  sell 
shares  by  auction  to  the  highest  bidder,  at  not  less  than  the  par 
value  thereof,  to  be  actually  paid  in  cash.  They  may  also  so 
seU  at  public  auction  any  shares,  which,  after  the  expiration  of 
the  time  limited  in  the  notice  required  by  the  preceding  section, 

3387  remain  unsubscribed  for  by  the  stockholders  entitled  to  take 
them.  Such  shares  shall  be  offered  for  sale  in  the  city  of  Boston, 
or  in  such  other  city  or  town  as  may  be  prescribed  by  the  railroad 
commission;  and  notice  of  the  time  and  place  of  such  sale  shall 
be  published  at  least  five  times  during  the  ten  days  immediately 
preceding  the  sale  in  each  of  at  least  three  of  such  daily  news- 
papers as  may  be  prescribed  by  commission.  No  shares  shall 
be  sold  or  issued  under  this  or  the  preceding  section  for  a  less 


'Acts  1906,  ch.  463,  pt.  ii.,  sec.  65. 
'Acts  1906,  ch.  463,  pt.  iii.,  sec.  107. 


899 


amount  to  be  actually  paid  in  cash  than  the  par  value  thereof. 
Same,  sec.  2. 

The  determination  by  the  railroad  commission,  under  the 
provisions  of  section  65  ^  of  said  part  11  and  section  107  2  of  said 
part  III,  as  to  the  amount  of  stock  which  is  reasonably  necessary 
for  the  purpose  for  which  such  stocji  has  been  authorized  shall, 
in  the  case  of  the  corporations  described  in  this  act,  be  based 
upon  the  price  at  which  such  stock  is  to  be  issued  as  fixed  by  the 
stockholders:  Provided,  that  the  board  shall  refuse  to  approve 
any  particular  issue  of  stock  if,  in  the  opinion  of  the  board,  the 
price  fixed  by  the  stockholders  is  so  low  as  to  be  inconsistent 
with  the  public  interest.     Same,  sec.  j. 

A  gas  or  electric  light  company  shall,  upon  any  increase  of 
its  capital  stock,  except  as  provided  in  the  following  section, 
offer  the  new  shares  proportionately  to  its  stockholders  at  such 
price,  not  less  than  the  par  value  thereof,  as  may  be  determined 
by  its  directors.  The  vote  of  the  gas  and  electric  light  com- 
mission, as  provided  in  section  24  ^  of  chapter  109  of  the  revised 
laws,  as  to  the  amount  of  stock  which  is  reasonably  necessary 
for  the  purpose  for  which  such  increase  has  been  authorized 
shall  be  based  on  the  price  fixed  as  hereinbefore  provided,  unless 
commission  is  of  opinion  that  such  price  is  so  low  as  to  be  incon- 
sistent with  the  public  interest,  in  which  case  it  may  determine 
the  price  at  which  such  shares  may  be  issued.  No  application 
for  an  issue  of  stock  under  said  section  24  ^  shall  be  made  unless 
authorized  by  vote  of  the  stockholders  passed  not  more  than 
four  months  prior  to  such  application,  but  the  vote  of  the  stock- 
holders to  increase  the  capital  stock  may  be  passed  before  or 
after  the  action  of  commission  under  said  section  24.^  All  votes 
and  proceedings  relative  to  the  increase  and  all  rights  of  the 
stockholders  to  subscribe  for  the  new  shares  shall  become  void 
unless  the  directors,  after  the  vote  to  increase  the  capital  stock 
and  within  60  days  after  the  final  action  of  the  board,  shall  cause 
written  notice  of  such  increase  to  be  given  as  provided  by  law. 
Acts  IQOQ,  ch.  ^77,  sec.  i,  as  amended  by  Acts  rgio,  ch.  J74. 

If  the  increase  in  the  capital  stock  which  is  subject  to  the 
provisions  of  the  preceding  section  does  not  exceed  four  per  cent, 
of  the  existing  stock  of  the  company,  the  directors,  without  first 
offering  the  same 'to  the  stockholders,  may  sell  the  shares  by 
auction  or  by  tender  to  the  highest  bidder  in  such  manner,  at 

1  Acts  1906,  ch.  463,  pt.  ii.,  sec.  6$. 

2  Acts  1906,  ch.  463,  pt.  iii,  sec.  107. 

3  Rev.  Laws  1902,  ch.  109,  sec.  24. 

900 


such  times  and  upon  such  terms,  not  less  than  the  par  value 
thereof  to  be  actually  paid  in  cash,  as  the  directors  shall  deter- 
mine.    They  shall  also  so  sell  at  public  auction  any  shares  which, 

3390  under  the  preceding  section  remain  unsubscribed  for  by  the 
stockholders  entitled  to  take  them.  Such  shares  shall  be  offered 
for  sale  in  the  city  of  Boston  or  in  such  other  city  or  town  as  may 
be  prescribed  by  the  board  of  gas  and  electric  light  commissioners, 
and  notice  of  the  time  and  place  of  the  sale  shall  be  published  at 
least  five  times,  during  the  ten  days  immediately  preceding  the 
sale,  in  each  of  at  least  three  of  such  daily  newspapers  as  may  be 
prescribed  by  the  said  commissioners.  No  shares  shall  be  sold 
or  issued  under  this  or  the  preceding  section  for  a  less  amoimt  to 
be  actually  paid  in  cash  than  the  par  value  thereof.     Same,  sec.  2. 

NEW  HAMPSHIRE  Whenever  a  railroad  corporation  or  public 
utility  shall  increase  its  capital  stock  it  shall,  except  as  herein- 
after provided,  offer  the  new  shares  proportionately  to  its  stock- 
holders at  such  price  not  less  than  the  par  value  thefeof  as  shall 
have  been  determined  by  its  stockholders  in  their  vote  for  the 
issue  of  the  same.  The  directors  shall  cause  written  notice  of  the 
increase  in  capital  stock  to  be  given  to  each  stockholder  of  record 
upon  the  books  of  the  corporation  at  the  date  designated  by  the 
directors  at  a  meeting  following  the  order  of  the  commission 
authorizing  the  issue,  which  notice  shall  state  the  amount  of  the 
increase,  the  ntmiber  of  shares  or  fractions  of  shares  to  which  the 

3391  stockholder  is  entitled,  the  price  at  which  he  is  entitled  to  take 
them,  and  shall  fix  a  time  not  less  than  15  days  after  the  date  so 
designated  by  the  directors  within  which  he  may  subscribe  there- 
for. Each  stockholder  may  within  the  time  so  limited  subscribe 
for  his  proportion  of  the  new  stock  which  shall  be  paid  for  in  cash 
before  the  issue  of  a  certificate.  The  determination  by  the  com- 
mission of  the  amoimt  of  stock  reasonably  requisite  for  the  pur- 
pose for  which  the  issue  is  made  shall  be  based  upon  the  price  at 
which  such  stock  is  to  be  offered  to  stockholders  as  fixed  by  the 
vote  of  the  stockholders;  provided,  however,  that  the  commission 
shall  refuse  to  authorize  any  particular  issue  of  stock  if  in  its 
opinion  the  price  fixed  by  the  stockholders  is  so  low  as  to  be  in- 
consistent with  the  public  interests.     Laws  191 1,  ch.  164,  sec.  14(c) . 

When  an  increase  in  capital  stock  does  not  exceed  four  per 
cent,  of  the  existing  capital  stock  of  the  corporation  the  directors 
may,  without  first  offering  the  same  to  the  stockholders,  sell  the 
new  shares  by  public  auction  to  the  highest  bidder  at  not  less 
than  par  value  to  be  actually  paid  in  cash.     If  after  the  expira- 

901 


tion  of  the  notice  to  stockholders  hereinbefore  provided  any 
shares  of  the  new  issue  of  stock  remain  unsubscribed  by  stock- 
3392  holders  entitled  to  take  them,  the  directors  shall  sell  the  same  by 
public  auction  to  the  highest  bidder  at  not  less  than  par  value  to 
be  actually  paid  in  cash.  All  shares  of  stock  to  be  disposed  of 
by  public  auction  to  the  highest  bidder  under  the  provisions  of 
this  act  shall  be  offered  for  sale  in  such  city  or  town  as  may  be 
prescribed  by  the  commission,  and  the  notice  of  the  time  and 
place  of  sale  shall  be  published  at  least  five  times  immediately 
preceding  the  time  fixed  for  the  sale  in  such  newspapers,  not  less 
than  three  in  number,  as  may  be  prescribed  by  the  commission. 
Same,  sec.  14(d). 


U.     PENALTIES     FOR     VIOLATIONS     OF 
CAPITALIZATION    PROVISIONS. 

ARIZONA,  CALIFORNIA 

Every  public  utility^  which,  directly  or  in- 
directly, issues  or  causes  to  be  issued,  any  stock  or  stock  certifi- 
cate, or  bond,  note  or  other  evidence  of  indebtedness,  in  non- 
conformity with  the  order  of  the  commission  authorizing  the 
same,  or  contrary  to  the  provisions  of  this  act,  or  of  the  constitu- 
3393  tion  of  this  state,  or  which  applies  the  proceeds  from  the  sale 
thereof,  or  any  part  thereof,  to  any  purpose  other  than  the  pur- 
pose or  purposes  specified  in  the  commission's  order,  as  herein 
provided,  or  to  any  purpose  specified  in  the  commission's  order 
in  excess  of  the  amount  of  said  order  authorized  for  such  purpose, 
is  subject  to  a  penalty  of  not  less  than  $500  nor  more  than 
$20,000  for  each  offense.  Ariz. — Sess.  Laws  igi2,  ch.  go,  sec. 
52(e);  Cat. — Stats,  igii,  ist.  ex.sess.,  ch.  14,  sec.  52(e). 

Every  officer,  agent  or  employe  of  a  public  utility,^  and 
every  other  person  who  knowingly  authorizes,  directs,  aids  in, 
issues  or  executes,  or  causes  to  be  issued  or  executed,  any  stock 
or  stock  certificate,  or  bond,  note  or  other  evidence  of  indebted- 
ness, in  non-conformity  with  the  order  of  the  commission  author- 
izing the  same,  or  contrary  to  the  provisions  of  this  act,  or  of 
the  constitution  of  this  state,  or  who,  in  any  proceeding  before 
the  commission,  knowingly  makes  any  false  statement  or  repre- 
sentation or  with  knowledge  of  its  falsity  files  or  causes  to  be 
filed  with  the  commission  any  false  statement  or  representation, 
which  said  statement  or  representation  so  made,  filed  or  caused 

*  "  Public  service  corporation,"  in  Arizona. 

902 


to  be  filed  may  tend  in  any  way  to  influence  the  commission  to 
make  an  order  authorizing  the  issue  of  any  stock  or  stock  cer- 
tificate, or  any  bond,  note  or  other  evidence  of  ndebtedness,  or 
which  results  in  procuring  from  the  commission  the  making  of 
any  such  order,  or  who,  with  knowledge  that  any  false  statement 
S394  or  representation  was  made  to  the  commission,  in  any  proceed- 
ing, tending  in  any  way  to  influence  the  commission  to  make 
such  order,  issues  or  executes  or  negotiates,  or  causes  to  be 
issued,  executed  or  negotiated  any  such  stock  or  stock  certificate, 
or  bond,  note  or  other  evidence  of  indebtedness,  or  who,  directly 
or  indirectly,  knowingly  applies,  or  causes  or  assists  to  be  applied 
the  proceeds  or  any  part  thereof,  from  the  sale  of  any  stock  or 
stock  certificate,  or  bond,  note  or  other  evidence  of  indebtedness, 
to  any  purpose  not  specified  in  the  commission's  order,  or  to  any 
purpose  specified  in  the  commission's  order  in  excess  of  the 
amount  authorized  for  such  purpose,  or  who,  with  knowledge  that 
any  stock  or  stock  certificate,  or  bond,  note  or  other  evidence  of 
indebtedness,  has  been  issued  or  executed  in  violation  of  any  of 
the  provisions  of  this  act,  negotiates,  or  causes  the  same,  to  be 
negotiated,  shall  be  guilty  of  a  felony  (and  on  conviction  thereof 
shall  be  imprisoned  in  the  state  penitentiary  for  a  term  of  not 
less  than  two  years  and  not  more  than  ten  years — ^Arizona  only). 
Ariz. — Same,  sec.  52{f);  Cat. — Same,  sec.  S2(f). 

GEORGIA  See  par.  3245. 

BLA.NSAS  Any  common  carrier  or  public  utility  governed 

by  the  provisions  of  this  act,  or  any  agent,  director  or  officer 
thereof,  who  shall,  directly  or  indirectly,  issue  or  cause  to  be 
issued  any  stock,  certificate  of  stock,  bonds  or  other  evidences 
of  indebtedness  contrary  to  the  provisions  of  this  act,  or  who 

3395  shall  apply  the  proceeds  from  the  sale  thereof  to  any  pvirpose 
other  than  that  specified  in  the  certificate  of  the  commission,  as 
herein  provided,  shall  be  guilty  of  a  misdemeanor,  and  upon  con- 
viction thereof  shall  be  fined  not  less  than  $500  and  not  more 
than  $5,000,  or  by  imprisonment  in  the  county  jail  not  more 
than  one  year  or  by  both  such  fine  and  imprisonment.  Laws 
iQiiy  ch.  2j8,  sec.  26. 

MASSACHUSETTS  A  director,  treasurer  or  other  officer  or  agent 
of  a  railroad  corporation,  who  knowingly  votes  to  authorize  the 
issue  of,  or  knowingly  signs,  certifies  or  issues,  stock  or  bonds 
contrary  to  the  provisions  of  sections  65  and  66,  or  who  know- 
ingly votes  to  authorize  the  application,  or  knowingly  applies 

903 


S396  the  proceeds,  of  such  stock  or  bonds  contrary  to  the  provisions 
of  said  sections,  or  who  knowingly  votes  to  assume  or  incur,  or 
knowingly  assumes  or  incurs  in  the  name  or  behalf  of  such  cor- 
poration, any  debt  or  liability  except  for  the  legitimate  purposes 
of  the  corporation,  shall  be  punished  by  a  fine  of  not  more  than 
$i,ooo,  or  by  imprisonment  for  not  more  than  one  year,  or  by 
both  such  fine  and  imprisonment.  Acts  igo6,  ch.  463,  pt.  H, 
sec.  68. 

A  director,  treasurer  or  other  officer  or  agent  of  any  corpora- 
tion named  in  section  24  who  knowingly  votes  to  authorize  the 
issue  of,  or  knowingly  signs,  certifies  or  issues,  stock  or  bonds 
contrary  to  the  provisions  of  the  four  preceding  sections,  or  who 
knowingly  votes  to  authorize  the  application,  or  knowingly 
applies  the  proceeds,  of  such  stock  or  bonds  contrary  to  the  pro- 

3397  visions  of  said  sections,  or  who  knowingly  votes  to  assume  or 
incur,  or  knowingly  assimies  or  incurs  in  the  name  or  behalf  of 
such  corporation,  any  debt  or  liability  except  for  the  legitimate 
purposes  of  the  corporation  shall  be  punished  by  a  fine  of  not 
more  than  $1,000  or  by  imprisonment  for  not  more  than  one 
year,  or  by  both  such  fine  and  imprisonment.  Rev.  Laws  1Q02, 
ch.  lOQ,  sec.  28. 

A  director,  treasurer  or  other  officer  or  agent  of  a  street 
railway  company  who  knowingly  votes  to  authorize  the  issue 
of,  or  knowingly  signs,  certifies  or  issues,  stock  or  bonds  con- 
trary to  the  provisions  of  the  three  preceding  sections,  or  who 
knowingly  votes  to  authorize  the  application,  or  knowingly 
applies  the  proceeds,  of  such  stock  or  bonds  contrary  to  the  pro- 

3398  visions  of  said  sections,  or  who  knowingly  votes  to  assume  or 
incur,  or  knowingly  assimies  or  incurs  in  the  name  or  behalf  of 
such  company,  any  debt  or  liability  except  for  the  legitimate 
purposes  of  the  company  shall  be  punished  by  a  fine  of  not  more 
than  $1,000  or  by  imprisonment  for  not  more  than  one  year,  or 
by  both  such  fine  and  imprisonment.  Acts  igo6,  ch.  46 j,  pt: 
in,  sec.  no. 

MICHIGAN  Any  officer,  director,  agent  or  employe  of  any 

person,  corporation  or  association,  who  shall  cause  to  be  issued 
any  stocks,  bonds,  notes  or  other  evidences  of  indebtedness 
payable  at  periods  of  more  than  1 2  months  after  the  date  thereof 

3399  or  who  shall  in  any  way  aid  in  the  issue  of  such  stocks,  bonds, 
notes  or  other  evidences  of  indebtedness,  not  authorized  by  the 
commission,  shall  be  deemed  guilty  of  a  felony,  and  upon  con- 
viction thereof  shall  be  punished  by  imprisonment  in  the  state 

904 


prison  not  less  than  one  year  nor  more  than  five  years.     Puh. 
Acts  igoQy  no.  144,  sec.  j. 

NEBRASKA  Every  common  carrier  and  public  service  cor- 

poration and  all  officers  and  agents  of  any  common  carrier  or 
public  service  corporation  shall  obey,  observe  and  comply  with 
every  order  made  by  the  commission,  under  the  authority  of  this 
act,  so  long  as  the  same  shall  be  and  remain  in  force.  Any  com- 
mon carrier  or  public  service  corporation  which  shall  violate  any 
provisions  of  this  act,  or  which  fails,  omits,  or  neglects  to  obey, 

3400  observe  or  comply  with  any  order  or  direction  or  requirement  of 
the  commission  under  the  provisions  of  this  act,  shall  forfeit  to 
the  people  of  the  state  of  Nebraska,  not  to  exceed  the  sirni  of 
$5,000  for  each  and  every  offense;  every  violation  of  any  such 
order  or  direction  or  requirement  of  this  act,  shall  be  a  separate 
and  distinct  offense,  and,  in  case  of  a  continuing  violation  every 
day's  continuance  thereof  shall  be  and  be  deemed  to  be  a  separate 
and  distinct  offense.    Acts  igog,  ch.  108,  sec.  2. 

Every  officer  and  agent  of  any  common  carrier  or  public 
service  corporation  who  shall  violate,  or  who  procures,  aids  or 
abets  any  violation  by  any  such  common  carrier  or  corporation  of 
any  provision  of  this  act,  or  who  shall  fail  to  obey  and  observe 
and  comply  with  any  order  of  the  commission  or  any  provision 

3401  of  an  order  of  the  commission  under  the  terms  of  this  act,  or  who 
procures,  aids,  abets  any  such  common  carrier  or  corporation  in 
its  failure  to  obey,  observe  and  comply  with  any  such  order  or 
provision,  be  deemed  guilty  of  a  felony  and  on  conviction  thereof, 
shall  be  punished  by  confinement  in  the  penitentiary  for  a 
period  of  not  less  than  one  and  not  longer  than  ten  years.  Same, 
sec.  3. 

OHIO  Any  director,  president,  secretary,  manager, 

officer  or  other  official  of  any  public  utility  or  railroad  who  shall 
knowingly  make  any  false  statement  to  secure  the  issue  of  any 
stock,  bond,  note  or  other  evidence  of  indebtedness,  or  who 
shall,  by  such  false  statement,  procure  the  order  of  the  com- 

3402  mission  for  the  issue  of  any  stock,  bond,  note  or  other  evidence 
of  indebtedness,  or  issue  with  knowledge  of  such  fraud,  negotiate, 
or  cause  to  be  negotiated  any  such  stock,  bond,  or  other  evi- 
dences of  indebtedness  in  violation  of  this  act,  shall  upon  con- 
viction thereof,  be  fined  not  less  than  $500,  or  be  imprisoned  in 
the  penitentiary  for  not  less  than  one  year  or  more  than  ten 
years.     Laws  1911,  no.  525,  sec.  60. 

905 


WISCONSIN  Any  public  service  corporation  as  herein  de- 

fined, or  any  agent,  director,  or  officer  thereof,  who  shall  directly 
or  indirectly,  issue  or  cause  to  be  issued,  any  stocks,  certificates 
of  stock,  bonds,  notes,  or  other  evidences  of  indebtedness,  con- 

3403  trary  to  the  provisions  of  this  act,  or  who  shall  apply  the  pro- 
ceeds from  the  sale  thereof  to  any  purposes  other  than  that 
specified  in  the  certificate  of  the  commission,  as  herein  provided, 
shall  forfeit  and  pay  into  the  state  treasury  not  less  than  $500 
nor  more  than  $10,000  for  each  offense.  Laws  igii,  ch.  jgj, 
sec.  1753-17 

Each  and  every  director,  president,  secretary,  or  other 
official  or  agent  of  any  such  public  service  corporation,  who  shall 
make  any  false  statement  to  secure  the  issue  of  any  stock,  cer- 
tificates of  stock,  bond,  note,  or  other  evidence  of  indebtedness, 
or  who  shall  by  false  statement  knowingly  made,  procure  of  the 
commission  the  making  of  the  certificate  herein  provided,  or 

3404  issue  with  knowledge  of  such  fraud,  negotiate,  or  cause  to  be 
negotiated  any  such  bond  or  other  issue,  in  violation  of  these 
statutes,  shall  be  guilty  of  a  felony  and  upon  conviction  thereof, 
shall  be  punished  by  a  fine  of  not  less  than  $500,  or  by  im- 
prisonment in  the  state  prison  for  a  term  of  not  less  than  one 
nor  more  than  ten  years,  or  by  both  such  fine  and  imprisonment 
in  the  discretion  of  the  court.     Same,  sec.  1753-18. 


i 


906 


CHAPTER   XIII 

Intercorporate  Relations 


SCOPE  NOTE 

This  chapter  includes  grants  of  power  authorizing 
commissions  to  supervise  the  relations  of  utilities  between 
themselves  with  regard  to  finance  and  organization.  Pro- 
visions of  general  corporation  law  regulating  intercor- 
porate relations  have  been  excluded.  For  provisions 
regulating  competition  between  utilities  by  limiting  the 
exercise  of  franchise  privileges,  see  ch.  xi,  on  franchises. 
For  provisions  incidentally  involving  questions  of  leases, 
consolidations  and  reorganizations,  see  ch.  xii,  on  stock 
and  bond  issues.  For  provisions  dealing  with  through 
routes,  joint  rates  and  the  apportionment  thereof  between 
connecting  carriers,  street  railway  transfers,  and  physical 
connection  of  telephone  and  telegraph  companies,  see  ch. 
iv,  on  establishment  and  change  of  rates.  For  provisions 
prescribing  publicity  for  leases,  contracts  and  arrange- 
ments between  utilities,  see  ch.  v,  on  publicity  of  rates. 
For  provisions  dealing  with  the  duty  to  provide  equip- 
ment and  render  service  as  between  utilities,  and  for 
those  dealing  with  the  joint  use  of  facilities,  see  ch.  vii, 
on  service.  For  provisions  prescribing  general  procedure 
to  be  followed  in  the  exercise  of  commission  authority,  * 
see  ch. .  xiv,  on  commission  procedure  and  practice. 
For  provisions  prescribing  general  rules  of  enforcement 
and  judicial  review,  see  ch.  xv,  on  enforcement.  For 
general  statement  of  scope  and  method,  see  mtroduction. 


ANALYSIS 

A.  Assignment,  lease,  mortgage,  sale  or  transfer  of  franchises  and  other 

property 908 

B.  Purchase  and  sale  of  stocks  or  bonds  of  public  utilities 915 

C.  Authority  of  public  utilities  to  consolidate 920 

907 


A.  ASSIGNMENT,  LEASE,  MORTGAGE, 
SALE  OR  TRANSFER  OF  FRANCHISES 
AND  OTHER  PROPERTY. 

ARIZONA,  CALIFORNIA 

No  railroad,  street  railroad,  pipe  line,  gas, 
electrical,  telephone,  telegraph  or  water  corporation  shall  hence- 
forth sell,  lease,  assign,  mortgage  or  otherwise  dispose  of  or  en- 
cumber the  whole  or  any  part  of  its  railroad,  street  railroad,  line, 
plant  or  system,  necessary  or  useful  in  the  performance  of  its 
duties  to  the  public,  or  any  franchise  or  permit  or  any  right 
thereunder,  nor  by  any  means  whatsoever,  direct  or  indirect, 
merge  or  consolidate  its  railroad,  street  railroad,  line,  plant  or 
system,  or  franchises  or  permits  or  any  part  thereof,  with  any 
other  public  utility,^  without  having  first  secured  from  the  com- 
mission an  order  authorizing  it  so  to  do.  Every  such  sale,  lease, 
assignment,  mortgage,  disposition,  encimibrance,  merger  or  con- 
solidation made  other  than  in  accordance  with  the  order  of  the 
commission  authorizing  the  same  shall  be  void.  The  permission 
3405  and  approval  of  the  commission  to  the  exercise  of  a  franchise  or 
permit  under  section  50  of  this  act,  or  the  sale,  lease,  assignment, 
mortgage  or  other  disposition  or  encumbrance  of  a  franchise  or 
permit  under  this  section  shall  not  be  construed  to  revive  or 
validate  any  lapsed  or  invalid  franchise  or  permit,  or  to  enlarge 
or  add  to  the  powers  or  privileges  contained  in  the  grant  of  any 
franchise  or  permit,  or  to  waive  any  forfeiture.  Nothing  in  this 
subsection  contained  shall  be  construed  to  prevent  the  sale, 
lease  or  other  disposition  by  any  public  utility  ^  of  a  class  desig- 
nated in  this  subsection  of  property  which  is  not  necessary  or 
useful  in  the  performance  of  its  duties  to  the  public,  and  any  sale 
of  its  property  by  such  public  utility  ^  shall  be  conclusively  pre- 
sumed to  have  been  of  property  which  is  not  useful  or  necessary 
in  the  performance  of  its  duties  to  the  public,  as  to  any  pur- 
chaser of  such  property  in  good  faith  for  value.  Ariz. — Sess. 
Laws  igi2,  ch.  go,  sec.  5i{a);  Cat. — Stats,  igii,  ist.  ex.  sess., 
ch.  14,  sec.  ji{a). 

CONNECTICUT  Any   company  may  make   lawful   contracts 

with  any  other  company  with  whose  railroad  its  tracks  may 

8406  connect  or  intersect,  in  relation  to  its  business  or  property,  and 

*  "  Public  service  corporation,"  in  Arizona. 

908 


may  take  a  lease  of  the  property  or  franchise  of,  or  lease  its 
property  or  franchises  to  any  such  company.  Gen.  Stats.  igo2, 
sec.  3702. 

KANSAS  No  franchise  granted  to  a  common  carrier  or 

public  utility  governed  by  the  provisions  of  this  act  shall  be 
assigned,  transferred  or  leased,  nor  shall  any  contract  or  agree- 

3407  ment  with  reference  to  or  affecting  such  franchise  or  right  there- 
under be  valid  or  of  any  force  or  effect  whatsoever,  unless  the 
assignment,  transfer,  lease,  contract  or  agreement  shall  have 
been  approved  by  commission.    Laws  igii,  ch.  2j8,  sec.  j6. 

MARYLAND  No  franchise,  nor  any  right  to  or  under  any 

franchise  to  own  or  operate  a  railroad  or  street  railroad,  shall  be 
assigned,  transferred  or  leased,  nor  shall  any  contract,  or  agree- 
ment with  reference  to  or  affecting  any  such  franchise  or  right  be 
valid  or  of  any  force  or  effect  whatsoever,  unless  the  assignment, 
transfer,  lease,  contract  or  agreement  shall  have  been  approved  by 

3408  the  commission.  The  permission  and  approval  of  the  commission 
to  the  exercise  of  a  franchise  under  this  section,  or  to  the  assign- 
ment, transfer  or  lease  of  a  franchise  under  this  section,  shall  not 
be  construed  to  revive  or  validate  any  lapsed  or  invalid-franchise, 
or  to  enlarge  or  add  to  the  powers  and  privileges  contained  in  the 
grant  of  any  franchise  or  to  waive  any  forfeiture.  Laws  iQio, 
ch.  180,  sec.  26. 

No  gas  or  electrical  corporation  shall  transfer  or  lease  its 
franchise,  works  or  system,  or  any  part  of  such  franchise,  works 
or  system  to  any  other  person  or  corporation  or  contract  for  the 
operation  of  its  works  and  system,  without  the  written  consent 
of  the  commission.     The  permission  and  approval  of  the   com- 

3409  mission  to  the  exercise  of  a  franchise  under  this  act,  or  to  the 
assignment,  transfer  or  lease  of  a  franchise  under  this  section 
shall  not  be  construed  to  revive  or  validate  any  lapsed  or  in- 
valid franchise  or  to  enlarge  or  add  to  the  powers  and  privileges 
contained  in  the  grant  of  any  franchise  or  to  waive  any  for- 
feiture.    Same,  sec.  55. 

MASSACHUSETTS  A  lease  or  purchase  and  sale  of  the  franchise 
and  property  of  a  railroad  corporation,  or  street  railway  com- 
pany, and  a  consolidation  of  two  or  more  railroad  corporations, 
or  street  railway  companies,  or  a  contract  that  either  corporation 
shall  perform  all  the  transportation  upon  and  over  the  road  of  the 
other,  whether  authorized  by  general  laws  or  a  special  act,  shall 
not  be  valid  or  binding  until  the  terms  thereof  shall,  after  public 

909 


notice  and  a  hearing,  have  been  approved  by  the  railroad  com- 
mission, and  a  certificate  signed  by  said  commission,  setting  forth 

3410  the  vote  of  approval,  shall  have  been  filed  in  the  office  of  the  secre- 
tary of  the  commonwealth.  Said  board  shall  announce  its  de- 
cision within  30  days  after  the  final  hearing  upon  the  application 
of  any  railroad  corporation  or  street  railway  company  for  per- 
mission to  lease  or  sell  to,  consolidate  with  or  purchase  the 
franchise  and  other  property  of,  any  other  railroad  corporation 
or  street  railway  company,  or  to  contract  with  any  other  rail- 
road corporation  or  street  railway  company  that  either  corpora- 
tion shall  perform  all  the  transportation  upon  and  over  the  road 
of  the  other.  Acts  igo6,  ch.  46 j,  pt.  i,  sec.  6y,  as  amended  by 
Acts  ipoy,  ch.  585. 

Two  railroad  corporations,  which  are  incorporated  under 
the  laws  of  this  commonwealth,  and  whose  railroads  enter 
upon  or  connect  with  each  other,  may  contract  that  either 
corporation  shall  perform  all  the  transportation  upon  and  over 
the  railroad  of  the  other;  and  any  such  corporation  may  lease 
its  railroad  to  any  other  such  corporation;  but  the  facilities 
for  travel  and  business  on  either  of  the  railroads  of  said  corpora- 
tions shall  not  thereby  be  diminished.  Such  leases  shall  be  upon 
such  terms  as  the  directors  agree,  and  as  majority  in  interest  of 
the  stockholders  of  both  corporations  at  meetings  called  for  the 
purpose  approve,  subject  to  the  provisions  of  section  67  of  part 
I  of  this  act.  The  income  arising  from  such  contracts  or  leases 
shall  be  subject  to  the  provisions  of  law  relative  to  the  right  of 

3411  the  commonwealth  to  purchase  the  railroads  of  the  railroad  cor- 
porations or  to  reduce  their  tolls,  in  the  same  manner  as  that 
arising  from  the  use  of  the  railroads.  Copies  of  such  contracts  or 
leases  shall  be  deposited  with  the  railroad  commission,  and  full 
statement  of  the  facts  shall  be  set  forth  in  the  next  annual  re- 
turn of  such  corporations.  The  provisions  of  this  section  shall 
not  authorize  a  lease  or  contract  between  two  railroad  corpora- 
tions, each  of  which  has  a  terminus  in  the  city  of  Boston.  The 
railroads  of  two  railroad  corporations  shall  be  considered  to 
enter  upon  or  connect  with  each  other,  within  the  meaning  of 
this  section,  if  one  of  such  railroads  enters  upon,  connects  with, 
or  intersects  a  railroad  leased  to  the  other  or  operated  by  it 
under  a  contract  as  herein  authorized.  Acts  igo6,  ch.  463,  pt.  ii, 
sec.  2og,  as  amended  by  Acts  igoy,  ch.  j8j,  sec.  8. 

Two  street  railway  companies,  incorporated  under  the  laws 
of  this  commonwealth,  whose  railways  connect  with  or  intersect 

910 


each  other  or  together  form  a  continuous  line,  may  contract  that 
either  company  shall  perform  all  the  transportation  upon  and 
over  the  whole  or  any  part  of  the  railway  of  the  other;  or  any 
such  company  may  lease  its  franchise,  property  and  railway  to 
any  other  such  company;  but  the  facilities  for  travel  on  either 
of  the  railways  of  said  companies  shall  not  be  thereby  diminished 
or  the  rates  of  fare  increased.  Such  contract  or  lease  shall  not 
be  valid  or  binding  until  its  terms  have  been  agreed  to  by  a  major- 

3412  ity  of  the  directors,  and  have  been  approved,  at  meetings  called 
for  the  purpose,  by  a  vote  of  a  majority  in  interest  of  the  stock- 
holders of  each  of  said  companies,  and  by  the  railroad  com- 
mission as  required  by  section  67  of  part  I.      The  income  arising 

.  from  such  contracts  or  leases  shall  be  subject  to  the  provisions  of 
law  relative  to  the  reduction  of  fares  in  the  same  manner  as  that 
arising  from  the  use  of  the  railways.  Such  railways  shall  be 
considered  as  connecting  with  or  intersecting  each  other,  or 
forming  a  continuous  line,  if  one  of  them  connects  with  or  inter- 
sects or  forms  a  continuous  line  with  a  railway  leased  to  or 
operated  by  the  other  under  a  contract  authorized  by  the  pro- 
visions of  this  section.     Acts  1Q06,  ch.  463,  pt.  Hi,  sec.  55. 

A  gas  company  shall  not  transfer  its  franchise,  lease  its 

3413  works  or  contract  with  any  person,  association  or  corporation  to 
carry  on  its  works,  without  the  authority  of  the  general  coiut. 
Rev.  Laws  igo2,  ch.  121,  sec.  ij. 

Said  gas  companies  so  authorized  by  the  gas  and  electric 
light  commission  may  purchase  or  lease  and  use  the  property, 

3414  licenses,  rights,  privileges  and  franchises  of  any  electric  light 
company  which  is  engaged  in  the  business  of  furnishing  electric 
light  or  power  in  the  territory  in  which  such  gas  company  may  be 
authorized  to  furnish  such  light  and  power.     Same,  sec.  22. 

A  gas  company  ^  may  purchase  the  franchise  and  property  of 
another  gas  company  whose  gas  mains  are  in  the  same  or  con- 
tiguous municipalities,  or  may  consolidate  with  such  other  gas 
company,  and  such  other  gas  company  may  sell  and  convey  its 
franchise  and  property  to,  or  may  ^consolidate  with,  such  first- 
mentioned  gas  company;  and  an  electric  light  company* may  pur- 
chase the  franchise  and  property  of  another  electric  light  com- 
pany whose  lines  are  in  the  same  or  contiguous  municipalities,  or 

1  In  this  act  "  gas  company  "  means  any  corporation  organized  under  the  laws  of  this 
commonwealth  for  the  purpose  of  making  or  selling  gas  for  light,  heat  or  power,  and  actu- 
ally engaged  in  that  business,  including  such  of  said  corporations  as  are  also  duly  authorized 
to  generate  and  furnish  electricity  for  light  and  power;  and  "  electric  light  company  " 
means  any  corporation  organized  under  the  laws  of  this  commonwealth  for  the  purpose  of 
making  or  selling  electricity  only  for  light,  heat  or  power,  and  actually  engaged  in  that 
business.     Acls  iqo8,  ch.  529,  sec.  i. 

911 


may  consolidate  with  such  other  electric  light  company,  and  such 
other  electric  light  company  may  sell  and  convey  its  franchise  and 
3416  property  to,  or  may  consolidate  with,  such  first-mentioned  electric 
light  company:  Provided,  that  no  such  purchase  and  sale  or  con- 
solidation shall  be  valid  or  binding  until  the  terms  thereof  have 
been  approved,  at  meetings  called  for  the  purpose,  by  a  vote  of  at 
least  two-thirds  in  interest  of  the  stockholders  of  each  of  the  con- 
tracting companies,  and  until  the  gas  and  electric  light  com- 
mission, after  notice  and  a  public  hearing,  have  determined  that 
the  facilities  for  furnishing  and  distributing  light,  heat  and 
power  will  not  thereby  be  diminished  and  that  such  purchase  and 
sale  or  consolidation  and  the  terms  thereof  are  consistent  with 
the  public  interest.     Acts  iqo8,  ch.  52 g,  sec.  2. 

No  electric  light  company  shall  purchase  the  franchise  or 
property  of,  or  consolidate  with,  a  gas  company;  and  no  gas 
company  shall  purchase  the  franchise  or  property  of,  or  consoli- 
date with,  an  electric  light  company;  provided,  that  a  gas 
company  authorized  to  engage  in  the  business  of  generating  and 
furnishing  electricity  for  light  and  power  under  the  provisions 
of  section  14  of  chapter  121  of  the  revised  laws  may,  with  the 

3416  approval  of  gas  and  electric  commission,  exercise  the  authority 
conferred  by  section  22  of  said  chapter,  and  may,  with  the 
approval  of  commission  and  subject  to  the  provisions  of  sec- 
tions three  and  four  hereof,  so  far  as  the  same  may  be  applic- 
able, sell  its  locations  and  the  property  used  in  its  business  of 
generating  and  furnishing  electricity  for  light  and  power  to  an 
electric  light  company  whose  lines  are  in  the  same  or  in  a  con- 
tiguous municipality.  Same,  sec.  5,  as  amended  by  Acts  igog, 
ch.  J16,  sec.  I. 

Nothing  contained  in  this  act  shall  be  construed  as  author- 

3417  izing  the  consolidation  of  the  Boston  Consolidated  Gas  Com- 
pany and  The  Edison  Electric  Illuminating  Company  of  Boston. 
Same,  sec.  6. 

All  applications  for  the  approval  by  the  gas  and  electric 
light  commission  of  purchases  and  sales  or  consolidations  under 
the  provisions  of  chapter  529  of  the  acts  of  1908,  or  of  the  pre- 

3418  ceding  section,  shall  be  filed  with  the  commission  within  four 
months  after  the  passage  by  the  contracting  companies  of  votes 
authorizing  such  purchase  and  sale  or  consolidation.  Acts  igog, 
ch.  jj6,  sec.  2. 

NEW  HAMPSHIRE  No  franchise  nor  any  right  to  or  under  any 
franchise,  to  own  or  operate  a  railroad  shall  be  assigned,  trans- 

912 


I 


f erred  or  leased,  nor  shall  any  contract  or  agreement  with  refer- 
8419  ence  to  or  affecting  any  such  franchise  or  right  be  valid  or  of  any 
force  or  effect  whatsoever,  unless  the  assignment,  transfer,  lease, 
contract  or  agreement  shall  have  been  approved  by  the  com- 
mission.    Laws  191 1 y  ch.  164,  sec.  12(b). 

No  public  utility  shall  transfer  or  lease  its  franchise,  works 
or  system  or  any  part  of  such  franchise,  works  or  system  exer- 

3420  cised  or  located  in  this  state  to  any  other  person  or  corporation 
or  contract  for  the  operation  of  its  works  and  system  located  in 
this  state  until  the  commission  shall  make  an  order  assenting 
thereto.     Same,  sec.  ijib). 

NEW  JERSEY  No  public  utility  as  herein  defined  shall  with- 

out the  approval  of  the  commission  sell,  lease,  mortgage,  or 
otherwise  dispose  of  or  encumber  its  property,  franchises, 
privileges  or  rights,  or  any  part  thereof;  nor  merge  or  con- 
solidate its  property,  franchises,  privileges  or  rights,  or  any 
part  thereof,  with  that  of  any  other  public  utility  as  herein  de- 

3421  fined.  Every  sale,  lease,  mortgage,  disposition,  encumbrance, 
merger  or  consolidation  made  in  violation  of  any  of  the  provisions 
hereof  shall  be  void  and  of  no  effect.  Nothing  herein  contained 
shall  be  construed  in  any  wise  to  prevent  the  sale,  lease  or  other 
disposition  by  any  public  utility  as  herein  defined  of  any  of  its 
property  in  the  ordinary  course  of  its  business.  Laws  191 1,  ch. 
jp5,  sec.  i8{h). 

NEW  YORK  Provisions  identical  with  pars.    3408,    3409. 

3422  Laws  1 910,  ch.  480,  sec.  54{i)  {railroads  and  street  railroads),  sec. 
yo  (gas  and  electrical  corporations). 

No  franchise  or  any  right  to  or  under  any  franchise  to  own 
or  operate  a  telegraph  line  or  telephone  line  shall  be  assigned, 
transferred  or  leased,  nor  shall  any  contract  or  agreement  here- 
after made  with  reference  to  or  affecting  any  such  franchise  or 

3423  right  be  valid  or  of  any  force  or  effect  whatever  unless  the  assign- 
ment, transfer,  lease,  contract  or  agreement  shall  have  been  ap- 
proved by  the  commission.  No  franchise  or  right  to  or  under 
any  franchise  to  own  or  operate  a  telegraph  line  or  telephone  line 
shall  be  assigned,  transferred  or  leased  to  or  owned  or  operated  by 
any  foreign  corporation.     Same,  sec.  99(2). 

The  approval  of  the  commission  to  the  exercise  of  a  fran- 
chise or  to  the  assignment,  transfer  or  lease  of  a  franchise  shall 

3424  not  be  construed  to  revive  or  validate  any  lapsed  or  invalid 
franchise  or  to  enlarge  or  add  to  the  powers  and  privilege  con- 

913 


tained  in  the  grant  of  any  franchise  or  to  waive  any  forfeiture. 
Same,  sec.  99(3). 

OHIO  With  the  consent  and  approval  of  the  commis- 

sion, but  not  otherwise:  (a)  Any  two  or  more  pubHc  utilities, 
furnishing  a  like  service  or  product  and  doing  business  in  the 
same  municipality  or  locality  within  this  state,  or  any  two  or 
more  public  utilities  whose  lines  intersect  or  parallel  each  other 

3425  within  this  state,  may  enter  into  contracts  with  each  other  that 
will  enable  such  public  utilities  to  operate  their  lines  or  plants  in 
connection  with  each  other,  (b)  Any  public  utility  may  pur- 
chase, or  lease  the  property,  plant  or  business  of  any  other  such 
public  utility,  (c)  Any  such  public  utility  may  sell  or  lease  its 
property  or  business  to  any  other  such  public  utility.  Laws 
1911,  no.  J25,  sec.  63. 

The  proceedings  ^  for  obtaining  the  consent  and  approval 
of  the  commission  for  such  authority,  shall  be  as  follows:  There 
shall  be  filed  with  the  commission  a  petition,  joint  or  other- 
wise, as  the  case  may  be,  signed  and  verified  by  the  president 
and  secretary  of  the  respective  companies,  clearly  setting  forth 
the  object  and  purposes  desired,  stating  whether  or  not  it  is 
for  the  purchase,  sale,  lease  or  making  of  contracts  or  for  any 
other  purpose  in  this  section  provided  and  also  the  terms  and 

3426  conditions  of  the  same.     The  commission  shall,  upon  the  filing 

of  such  petition,  if  it  deem  the  same  necessary,  fix  a  time  and 
place  for  the  hearing  thereof.  If,  after  such  hearing  or  in  case 
no  hearing  is  required,  the  commission  is  satisfied  that  the 
praye  of  such  petition  should  be  granted  and  the  public  will  there- 
by be  furnished  adequate  service  for  a  reasonable  and  just  rate, 
rental,  toll,  or  charge  therefor,  it  shall  make  such  order  in  the 
premises  as  it  may  deem  proper  and  the  circumstances  require, 
and  thereupon  it  shall  be  lawful  to  do  the  things  provided  for  in 
such  order.     Same. 

All  such  contracts,  leases,  purchases,  sales  or  consolidations 

3427  not  made  pursuant  to  the  provisions  of  this  act  or  contrary  here- 
to shall  be  void  and  of  no  effect.     Same,  sec.  65. 

See  also  pars.  3446,  3448. 

1  The  same  proceedings  are  prescribed  for  obtaining  the  consent  and  approval  of  the 
commission  for  authority  to  purchase  the  stock  of  another  public  utility.     See  par.  3440- 


914 


B.  PURCHASE  AND  SALE  OF  STOCKS 
OR  BONDS  OF  PUBLIC  UTILITIES. 

ARIZONA,  CALIFORNIA 

No  public  utility^  shall  hereafter  purchase  or 
acquire,  take  or  hold,  any  part  of  the  capital  stock  of  any  other 
public  utility,^  organized  or  existing  under  or  by  virtue  of  the 
laws  of  this  state,  without  having  been  first  authorized  to  do  so 
by  the  commission.  Every  assignment,  transfer,  contract  or 
8429  agreement  for  assignment  or  transfer  of  any  stock  by  or  through 
any  person  or  corporation  to  any  corporation  or  otherwise  in 
violation  of  any  of  the  provisions  of  this  section  shall  be  void  and 
of  no  effect,  and  no  such  transfer  shall  be  made  on  the  books  of 
any  public  utility/  Nothing  herein  contained  shall  be  construed 
to  prevent  the  holding  of  stock  heretofore  lawfully  acquired. 
Ariz. — Sess.  Laws  1Q12,  ch.  go,  sec.  5i{h);  Col. — Stats,  igii,  ist. 
ex.  sess.,  ch.  14,  sec.  51Q)). 

KANSAS  No  common  carrier  or  public  utility  governed 

by  the  provisions  of  this  act,  domestic  or  foreign,  shall  hereafter 

3430  purchase  or  acquire,  take  or  hold  any  part  of  the  capital  stock, 
bonds  or  other  forms  of  indebtedness  of  any  competing  public 
utility  or  common  carrier,  either  as  owner  or  pledge  imless 
authorized  by  the  commission.     Laws  igii,  ch.  2j8,  sec.  2/.      • 

MASSACHUSETTS  If  a  foreign  corporation  which  owns  or  con- 
trols a  majority  of  the  capital  stock  of  a  domestic  street  railway, ^ 
gaslight  or  electric  light  corporation  issues  stock,  bonds  or  other 
evidences  of  indebtedness  based  upon  or  secured  by  the  property, 
franchise  or  stock  of  such  domestic  corporation,  unless  such 
issue  is  authorized  by  the  law  of  this  commonwealth,  the  supreme 

3431  judicial  court  shall  have  jurisdiction  in  equity  in  its  discretion 
•  to  dissolve  such  domestic  corporation.     If  it  appears  to  the 

attorney  general  that  such  issue  has  been  made,  he  shall  insti- 
tute proceedings  for  such  dissolution  and  for  the  proper  dis- 
position of  such  corporation.  The  provisions  of  this  section 
shaU  not  affect  the  right  of  foreign  corporations,  their  officers 
or  agents,  to  issue  stock  and  bonds  in  fulfilment  of  contracts 
existing  on  July  14,  1894.    Rev.  Laws  igo2,  ch.  126,  sec.  11. 

MARYLAND  No   railroad   or   street   railroad   corporation, 

domestic  or  foreign, .shall  hereafter  purchase  or  acquire,  take  or 

»  "Public  service  corporation,"  in  Arizona. 

2  This  section  is  repealed  so  far  as  it  applies  to  street  railways  or  street  railway  com- 
panies. 


hold,  any  part  of  the  capital  stock  of  any  railroad  corporation  or 
street  railroad  corporation,  or  other  common  carrier  organized  or 
existing  under  or  by  virtue  of  the  laws  of  this  state,  imless  au- 
thorized so  to  do  by  the  commission,  and  save  where  stock  shall 
be  transferred  or  held  for  the  purpose  of  collateral  security  only 

3432  with  the  consent  of  the  commission,  no  stock  corporation  of  any 
description,  domestic  or  foreign,  other  than  a  railroad  corpora- 
tion, or  street  railroad  corporation,  shall  purchase  or  acquire,  take 
or  hold  more  than  ten  per  cent,  of  the  total  capital  stock  issued 
by  any  railroad  corporation,  or  street  railroad  corporation,  or 
other  common  carrier  organized  or  existing  under  or  by  virtue  of 
the  laws  of  this  state.  Nothing  herein  contained  shall  be  con- 
strued to  prevent  the  holding  of  stock  heretofore  lawfully  ac- 
quired.    Laws  iQio,  ch.  i8o,  sec.  26. 

Every  contract,  assignment,  transfer  or  agreement  for 
transfer  of  any  stock  by  or  through  any  person  or  corporation, 
to  any  corporation,  in  violation  of  any  provisions  of  this  act,  shall 

3433  be  void  and  of  no  effect,  and  no  such  transfer  or  assignment  shall 
be  made  upon  the  books  of  any  such  railroad  corporation  or 
street  railroad  corporation,  or  shall  be  recognized  as  effective 
for  any  purpose.     Same. 

No  gas  or  electrical  corporation  shall  directly  or  indirectly 
acquire  the  stock  or  bonds  of  any  other  corporation  incorporated 
for  or  engaged  in  the  same  or  a  similar  business,  or  proposing  to 
operate  or  operating  under  a  franchise  from  the  same  or  any 
other  municipality,  unless  authorized  to  do  so  by  the  commission. 
Save  where  stock  shall  be  transferred  or  held  for  the  purpose  of 
collateral  security  only  with  the  consent  of  the  commission,  no 
stock  corporation  of  any  description,  domestic  or  foreign,  other 
than  a  gas  or  electrical  corporation,  shall  purchase  or  acquire, 

3434  take  or  hold,  more  than  ten  per  cent,  of  the  total  capital  stock 
issued  by  any  gas  corporation  or  electrical  corporation  organized 
or  existing  under  or  by  virtue  of  the  laws  of  this  state.  Nothing 
herein  contained  shall  be  construed  to  prevent  the  holding  of 
stock  heretofore  lawfully  acquired.  Every  contract,  assignment, 
transfer,  agreement  for  transfer  of  any  stock  by  or  through  any 
person  or  corporation  to  any  corporation  in  violation  of  any 
provision  of  this  act,  shall  be  void  and  of  no  effect,  and  no  such 
transfer  or  assignment  shall  be  made  upqn  the  books  of  any  such 
gas  corporation  or  electrical  corporation,  or  shall  be  recognized  as 
effective  for  any  purpose.     Same,  sec.  35. 

916 


NEW  HAMPSHIRE  No  public  utility  shall  directly  or  indirectly 
acquire  the  stocks  or  bonds  of  any  other  corporation  incor- 
porated in  or  doing  business  in  this  state  and  engaged  or  prepar- 
ing to  engage  in  the  same  or  a  similar  business  unless  authorized 
to  do  so  by  order  of  the  commission;  provided,  however,  that 
nothing  in  this  act  shall  in  any  manner  prevent  a  public  utility 
being  in  fact  the  owner  at  the  time  of  the  passage  of  this  act  of  the 
majority  of  the  capital  stock  of  any  other  public  utility  or 

8435  leasing  or  operating  such  other  public  utility  from  acquiring  the 
balance  or  all  of  the  outstanding  capital  stock  of  such  other 
public  utility,  a  majority  of  which  stock  is  so  owned  or  which  is 
so  leased  or  operated.  Every  contract,  assignment,  transfer, 
or  agreement  for  transfer  of  any  stock  by  or  through  any  person 
or  corporation  to  any  corporation  in  violation  of  any  provision  of 
this  section  shall  be  void  and  of  no  effect,  and  no  such  transfer  or 
assignment  shall  be  made  upon  the  books  of  any  public  utility,  or 
shall  be  recognized  as  effective  for  any  purpose.  Laws  igii,  ch. 
164,  sec.  13(c). 

NEW  JERSEY  No  public  utility  as  herein  defined  incorporated 

under  the  laws  of  this  state  shall  sell,  nor  shall  any  such  public 
utility  make  or  permit  to  be  made  upon  its  books  any  transfer  of 
any  share  or  shares  of  its  capital  stock,  to  any  other  public  utility 
as  herein  defined,  unless  authorized  to  do  so  by  the  commission. 
Nor  shall  any  public  utility  as  herein  defined  incorporated  imder 
the  laws  of  this  state  sell  any  share  or  shares  of  its  capital  stock 
or  make  or  permit  any  transfer  thereof  to  be  made  upon  its  books, 
to  any  corporation,  domestic  or  foreign,  result  of  which  sale  or 

8436  transfer  in  itself  or  in  connection  with  other  previous  sales  or 
transfers  shall  be  to  vest  in  such  corporation  a  majority  in  interest 
of  the  outstanding  capital  stock  of  such  public  utility  corporation 
unless  authorized  to  do  so  by  the  commission.  Every  assign- 
ment, transfer,  contract  or  agreement  for  assignment  or  transfer 
by  or  through  any  person  or  corporation  to  any  corporation  in 
violation  of  any  of  the  provisions  hereof  shall  be  void  and  of  no 
effect,  and  no  such  transfer  shall  be  made  on  the  books  of  any 
public  utility  corporation.  Nothing  herein  contained  shall  be 
construed  to  prevent  the  holding  of  stock  heretofore  lawfully 
acquired.     Laws  igii,  ch.  ig^,  sec.  ig. 

NEW  YORK  No  railroad,  street  railroad,  or  electrical  cor- 

poration, domestic  or  foreign,  shall  hereafter  purchase  or  acquire, 
take  or  hold,  any  part  of  the  capital  stock  of  any  railroad  cor- 

917 


poration  or  street  railroad  corporation  or  other  common  carrier 
organized  or  existing  under  or  by  virtue  of  the  laws  of  this  state, 
unless  authorized  so  to  do  by  the  commission  empowered  by 
this  act  to  give  such  consent ;  and  save  where  stock  shall  be  trans- 
ferred or  held  for  the  purpose  of  collateral  security  only  with  the 
consent  of  the  commission  empowered  by  this  chapter  to  give 
such  consent,  no  stock  corporation  of  any  description,  domestic 
or  foreign,  other  than  a  railroad,  street  railroad,  or  electrical  cor- 
poration, shall  purchase  or  acquire,  take,  or  hold,  more  than  ten 
per  cent,  of  the  total  capital  stock  issued  by  any  railroad  or 
street  railroad  corporation  or  other  common  carrier  organized  or 
existing  imder  or  by  virtue  of  the  laws  of  this  state,  except  that 
a  corporation  now  lawfully  holding  a  majority  of  the  capital 
stock  of  any  railroad  corporation  or  street  railroad  corporation 
8437  may  with  the  consent  of  the  commission  acquire  and  hold  the  re- 
mainder of  the  capital  stock  of  such  railroad  corporation  or  street 
railroad  corporation  or  any  portion  thereof.  Nothing  herein 
contained  shall  be  construed  to  prevent  the  holding  of  stock  here- 
tofore lawfully  acquired,  or  to  prevent,  upon  the  suiTcnder  or  ex- 
change of  said  stock  pursuant  to  a  reorganization  plan,  the  pur- 
chase, acquisition,  taking  or  holding  of  a  proportionate  amount 
of  stock  of  any  new  corporation  organized  to  take  over,  at  fore- 
closure or  other  sale,  the  property  of  any  corporation  whose  stock 
has  been  thus  surrendered  or  exchanged.  Every  contract, 
assignment,  transfer  or  agreement  for  transfer  of  any  stock  by  or 
through  any  person  or  corporation  to  any  corporation,  in  viola- 
tion of  any  provision  of  this  chapter,  shall  be  void  and  of  no 
effect,  and  no  such  transfer  or  assignment  shall  be  made  upon  the 
books  of  any  such  railroad  corporation  or  street  railroad  corpora- 
tion, or  shall  be  recognized  as  effective  for  any  purpose.  Laws 
igio,  ch.  480,  sec.  54(2). 

No  such  corporation^  shall  directly  or  indirectly  acquire  the 
stock  or  bonds  of  any  other  corporation  incorporated  for,  or  en- 
gaged in,  the  same  or  a  similar  business,  or  proposing  to  operate 
or  operating  under  a  franchise  from  the  same  or  any  other  muni- 
cipality, neither  shall  any  street  railroad  corporation  acquire  the 
stock  or  bonds  of  any  electrical  corporation,  unless  authorized  so 
to  do  by  the  commission.  Save  where  stock  shall  be  transferred 
or  held  for  the  purpose  of  collateral  security  only  with  the  consent 
of  the  commission  empowered  by  this  chapter  to  give  such  con- 
sent, no  stock  corporation  of  any  description,  domestic  or  foreign, 
other  than  a  gas  or  electrical  or  street  railroad  corporation,  shall 

^  Gas  or  electrical. 

918 


ptirchase  or  acquire,  take  or  hold,  more  than  ten  per  cent,  of 
the  total  capital  stock  issued  by  any  gas  corporation  or  electrical 
corporation  organized  or  existing  under  or  by  virtue  of  the  laws  of 
this  state,  except  that  a  corporation  now  lawfully  holding  a  ma- 

3438  jority  of  the  capital  stock  of  any  gas  or  electrical  corporation  may 
with  the  consent  of  the  commission  acquire  and  hold  the  remain- 
der of  the  capital  stock  of  such  gas  or  electrical  corporation  or  any 
portion  thereof.  Nothing  herein  contained  shall  be  construed 
to  prevent  the  holding  of  stock  heretofore  lawfully  acquired,  or  to 
prevent,  upon  the  surrender  or  exchange  of  said  stock  pursuant 
to  a  reorganization  plan,  the  purchase,  acquisition,  taking  or 
holding  of  a  proportionate  amount  of  stock  of  any  new  corpora- 
tion organized  to  take  over,  at  foreclosure  or  other  sale,  the 
property  of  any  corporation  whose  stock  has  been  thus  sur- 
rendered or  exchanged.  Every  contract,  assignment,  transfer  or 
agreement  for  transfer  of  any  stock  by  or  through  any  person  or 
corporation  to  any  corporation,  in  violation  of  any  provision  of 
this  chapter  shall  be  void  and  of  no  effect,  and  no  such  transfer  or 
assignment  shall  be  made  upon  the  books  of  any  such  gas  cor- 
poration, or  electrical  corporation,  or  shall  be  recognized  as 
effective  for  any  purpose.     Same,  sec.  70. 

Save  where  stock  shall  be  transferred  or  held  for  the  pur- 
pose of  collateral  security,  no  stock  corporation,  domestic  or 
foreign  other  than  a  telegraph  corporation  or  telephone  corpo- 
ration, shall,  without  the  consent  of  the  commission,  purchase  or 
acquire,  take  or  hold  more  than  ten  per  cent,  of  the  total  capi- 
tal stock  issued  by  any  telegraph  corporation  or  telephone  cor- 
poration organized  or  existing  under  or  by  virtue  of  the  laws  of 
this  state,  except  that  a  corporation  now  lawfully  holding  a  ma- 
jority of  the  capital  stock  of  any  telegraph  corporation  or  tele- 
phone corporation  may,  without  the  consent  of  the  commission, 

3439  acquire  and  hold  the  remainder  of  the  capital  stock  of  such  tele- 
graph corporation  or  telephone  corporation,  or  any  portion 
thereof.  Nothing  herein  contained  shall  be  construed  to  pre- 
vent the  holding  of  stock  heretofore  lawfully  acquired,  or  to 
prevent,  upon  the  surrender  or  exchange  of  said  stock  pursuant 
to  a  reorganization  plan,  the  piirchase,  acquisition,  taking  or 
holding  of  a  proportionate  amount  of  stock  of  any  new  cor- 
poration organized  to  take  over,  at  foreclosure  or  other  sale  the 
property  of  any  corporation  whose  stock  has  been  thus  sur- 
rendered or  exchanged.  Every  contract,  assignment,  transfer  or 
agreement  for  transfer  of  any  stock  by  or  through  any  person  or 

919 


corporation  to  any  corporation  in  violation  of  any  provision  of 
this  chapter  shall  be  void  and  of  no  effect,  and  no  such  transfer  or 
assignment  shall  be  made  upon  the  books  of  any  such  telegraph 
corporation  or  telephone  corporation,  or  shall  be  recognized  as 
effective  for  any  purpose.     Same,  sec.  loo. 

OHIO  With  the  consent  and  approval  of  the  com- 

3440  mission,  but  not  otherwise;  any  public  utility  may  purchase  the 
stock  of  any  other  public  utility.^     Laws  191 1,  no.  325,  sec.  63. 

All  such  contracts,  leases,  purchases,  sales  or  consolidations 

3441  not  made  pursuant  to  the  provisions  of  this  act  or  contrary  hereto 
shall  be  void  and  of  no  effect.     Same,  sec.  65. 


C.     AUTHORITY    OF    PUBLIC    UTILITIES 
TO   CONSOLIDATE. 

ARIZONA,  CALIFORNIA 

See  par.  3405. 

MASSACHUSETTS  The  presidents,  or  a  majority  of  the  boards  of 
directors  or  the  holders  of  not  less  than  one-third  in  interest  of 
the  capital  stock  of  two  or  more  railroad  corporations,  may  apply 
to  the  railroad  commission  for  its  determination  as  to  whether  the 
consolidation  of  the  railroads  of  such  corporations  is  consistent 
with  the  public  interest.  If  the  commission,  after  public  notice 
and  a  hearing,  shall  find  that  such  consolidation  is  consistent  with 
the  public  interest,  it  shall  report  its  findings  to  the  general  court 
together  with  drafts  of  a  law  or  laws  to  authorize  such  consolida- 

3442  tion  upon  the  agreement  of  the  corporations  to  be  consolidated, 
and  after  ratification  by  a  vote  of  not  less  than  two-thirds  in 
interest  of  the  stockholders  in  each,  and  under  terms  and  condi- 
tions which  will  effectually  prevent  any  decrease  in  the  facilities 
for  transportation  on  the  railroad  of  either  of  such  corporations 
or  any  increase  in  the  rates  for  passengers  or  freight  by  the  said 
consolidation,  and  which  will,  in  the  opinion  of  the  commission, 
secure  to  the  commonwealth  adequate  control  over  the  organi- 
zation, conduct  and  management  of  the  said  corporations  and 
railroads,  and  upon  such  other  terms  and  conditions  as  may  seem 
to  the  board  desirable  and  proper.  Laws  igoy,  ch.  j8^,  sec.  3. 
See  also  pars.  3410,  3415,  3416,  3417,  3418. 

'  The  proceedings  for  obtaiiiing  the  consent  and  approval  of  the  commission  for  such 
authority  are  defined  in  the  same  sertion.    See. par.  3426. 

920 


MICHIGAN  See  par.  1188. 

NEW  JERSEY  See  par.  3421. 

OHIO  With  the  consent  and  approval  of  the  commis- 

sion, but  not  otherwise,  any  two  or  more  telephone  companies, 

3443  defined  in  this  act  and  doing  business  in  this  state,  may  con- 
solidate with  each  other,  when  such  telephone  companies  shall 
have  complied  with  the  orders  and  requirements  of  the  com- 
mission and  the  provisions  of  this  act.     Laws  iQii,  no.  325,  sec.  64. 

Such  telephone  companies  shall  file  with  the  commission  a 
joint  petition  for  such  consolidation,  signed  and  verified  by  the 
president  and  secretary  of  the  respective  companies,  in  which 

3444  shall  be  set  forth  in  detail,  all  of  the  terms,  conditions  and  pro- 
ceedings pertaining  to  such  consolidation  and  in  such  form  as  the 
commission  may  require,  and  thereupon  the  commission  shall 
fix  a  time  and  place  for  the  hearing  of  such  petition.     Same. 

If,  after  such  hearing,  the  commission  is  satisfied  that  such 
consolidation  will  promote  public  convenience,  and  will  fiunish 
the  public  adequate  service  for  a  reasonable  rate,  rental,  toll  or 
charge  therefor,  it  shall  make  an  order  authorizing  such  consoli- 

3445  dation,  which  order  before  taking  effect  shall  be  filed  with  the 
secretary  of  state.  Other  proceedings  relating  to  such  consoli- 
dation shall  be  in  the  manner  and  with  the  effect,  not  incon- 
sistent with  the  provisions  of  this  act,  as  is  provided  for  in  the 
consolidation  of  railroad  companies  imder  the  laws  of  this  state. 
Same. 

No  consolidation,  pvirchase,  lease  or  contract  by  which  two 
or  more  telephone  companies  merge  or  operate  their  lines  or  plants 
jointly  or  in  connection  with  each  other,  shall  become  valid  or 

3446  effective  until  after  the  commission  shall  have  ascertained  and 
determined  the  valuation  as  provided  in  this  act  upon  which  the 
rates,  tolls,  charges  and  rentals  are  based  and  also  shall  have 
fixed  and  determined  such  rates,  tolls,  charges  and  rentals  so  to 
be  charged.     Same. 

3447  All  valuations  so  ascertained  and  determined  shall  be  at  all 
times  open  to  public  inspection.     Same. 

All  such  contracts,  leases,  purchases,  sales  or  consolidations 

3448  not  made  ptirsuant  to  the  provisions  of  this  act  or  contrary 
hereto  shall  be  void  and  of  no  effect.     Same,  sec.  65. 

WISCONSIN  No  public  service  corporation  shall  purchase, 

directly  or  indirectly,  or  in  any  way  acquire  the  property  of  any 
other  public  service  corporation  or  of  any  person  furnishing 

921 


service  to  the  public,  for  the  purpose  of  effecting  a  consoHdation, 
except  that  the  property  of  such  corporation  or  person  shall 
3449  first  be  valued  as  provided  in  subsection  5  of  section  1753-9  of 
the  statutes,  and  then  only  at  a  sum  not  to  exceed  the  value 
found  and  determined  by  the  commission  and  stated  in  the  cer- 
tificate of  authority  issued  to  such  corporation  for  the  issuance  of 
stocks,  certificates  of  stock,  bonds,  notes,  or  other  evidences  of 
indebtedness.     Laws  iqii,  ch.  593,  sec.  iyjj-ii{2). 


922 


J 


CHAPTER    XIV 

Commission  Procedure  and  Practice 


SCOPE  NOTE 

This  chapter  includes  provisions  prescribing  the  gen- 
eral procedure  to  he  observed  by  commissions  in  the  per- 
formance of  their  duties  and  the  conduct  of  their  proceed- 
ings, and  such  grants  of  power  as  authorize  commissions 
to  render  these  requirements  efective.  Provisions  involv- 
ing special  procedure  incident  to  the  exercise  of  particular 
powers  have  been  excluded.  For  procedure  in  the  regula- 
tion of  competition,  see  ch.  xi,  on  franchises,  and  ch. 
xiii,  on  intercorporate  relations.  For  procedure  in  the 
regulation  of  capitalization,  see  ch.  xii,  on  stock  and 
bond  issues.  For  procedure  in  the  valuation  of  utility 
property  by  commissions,  see  ch.  iii,  on  basis  of  rate 
making.  For  procedure  in  the  regulation  of  rates,  see 
ch.  iv,  on  establishment  and  change  of  rates.  For  pro- 
cedure in  the  regulation  of  the  adequacy  and  safety  of 
service,  see  ch.  vii,  on  service,  and  ch.  viii,  on  safety  of 
operation.  For  provisions  prescribing  general  rules  of 
enforcement  and  judicial  review,  see  ch.  xv,  on  enforce- 
ment. For  general  statement  of  scope  and  method,  see 
introduction. 


923 


ANALYSIS 

PAGE 

A.  Authority  of  commission  to  adopt  rules  and  regulations  for  its  govern- 

ment and  proceedings 925 

B.  Authority  of  commission  to  administer  oaths,  subpoena  witnesses  and 

order  the  production  of  books,  records  and  memoranda  in  proceedings 
before  commission 930 

1.  Administration  of  oaths,  issue  of  subpoenas  and  production  of 

documents 930 

2.  Compensation  of  witnesses 959 

3.  Immunity  of  witnesses 967 

4.  Depositions 972 

C.  Procedure  in  investigations  and  proceedings  before  commission 976 

1.  Complaints 976 

2.  Hearings 992 

3.  Orders 1008 

4.  Rehearings 1016 

5.  Rescission  or  amendment  of  orders 1020 

D.  Duty  of  commission  with  respect  to  the  keeping  of  records  and  to  the 

publicity  thereof 102 1 

E.  Validity  of  records  and  documents,  or  certified  copies  thereof,  on  file  with 

commission,  as  evidence  in  commission  or  judicial  proceedings 1028 

F.  Effect  of  technical  omissions  on  validity  of  acts  of  commission 1033 


924 


A.  AUTHORITY  OF  COMMISSION  TO  ADOPT 
RULES  AND  REGULATIONS  FOR  ITS  GOV- 
ERNMENT AND  PROCEEDINGS.^ 

UNITED  STATES  Commission  may,  from  time  to  timie,  make  or 
amend  such  general  rules  or  orders  as  may  be  requisite  for  the 

3460  order  and  regulation  of  proceedings  before  it,  including  forms  of 
notices  and  the  service  thereof,  which  shall  conform  as  nearly 
as  may  be,  to  those  in  use  in  the  courts  of  the  United  States. 
Act  to  Regulate  Commerce,  sec.  i^j. 

ALABAMA  Commission  may  adopt  and  publish  rules  to 

govern  its  proceedings  and  to  regulate  the  mode  and  manner  of 

3451  all  investigations  and  hearings  before  it,  provided  all  hearings 
shall  be  open  to  the  public.     Code  igo'j,  sec.  5643. 

ARIZONA  The  law-making  power  may  enlarge  the  powers 

and  extend  the  duties  of  commission  and  may  prescribe  rules 

3452  and  regulations  to  govern  proceedings  instituted  by  and  before 
it;  but,  until  such  rules  and  regulations  are  provided  by  law, 
commission  may  make  rules  and  regulations  to  govern  such  pro- 
ceedings.    Const.,  art.  xv,  sec.  6. 

COLORADO  Commission  may  make  all  needful  rules  for  its 

3453  government  and  proceedings.     Laws  igio,  sp.  sess.,  ch.  5,  sec.  12. 

INDIANA  Commission  may  adopt  and  enforce  such  rules, 

regulations  and  modes  of  procedure  as  it  may  deem  proper,  to 

3454  hear  and  determine  complaints  and  for  the  conduct  of  all  investi- 
gations held  by  it  or  its  appointees  and  to  regulate  the  conduct  of 
its  inspectors  and  appointees.     Acts  igoy,  ch.  241,  sec.  j{e). 

IOWA  Commission  may  from  time  to  time  make  or 

amend  such  general  rules  or  orders  as  may  be  necessary  for  the 

3455  preservation  of  order  and  the  regulation  of  proceedings  before  it, 
including  forms  of  notice  and  the  service  thereof,  which  shall 
conform  as  nearly  as  may  be  to  those  in  use  in  the  courts  of  the 
state.     Code  i8gy,  sec.  2142. 

KANSAS  Commission  shall  have  power  to  adopt  rules  to 

govern  its  proceedings,  and  to  regulate  the  mode  and  manner  of 

3456  all  investigations  and  hearings  held  by  commission  imder  the 

1  See  also  pars.  3712-3790. 


authority  conferred  upon  it  by  law ;  provided,  no  person  desiring 
to  be  present  at  any  such  investigation  or  hearing  shall  be  denied 
admission.     Gen.  Stats,  igog,  sec.  ^172. 

Commission  shall  have  power  to  adopt  reasonable  and  proper 
rules  and  regulations  to  govern  its  proceedings  including  the  as- 
3467  sessment  and  taxation  of  costs  on  any  complaint  provided  for  in 
section  33  hereof,  and  to  regulate  the  mode  and  manner  of  all 
investigations,  tests,  audits,  inspections  and  hearings  not  specifi- 
cally provided  for  herein.     Laws  igii,  ch.  2j8,  sec.  g. 

LOUISIANA  Commission  shall  have  power  to  adopt  and  en- 

force such  reasonable  rules  and  regulations  and  modes  of  pro- 
cediire  as  it  may  deem  proper  for  the  discharge  of  its  duties  and 
to  hear  and  determine  complaints  that  may  be  made  against  the 

3458  classification  or  rates  it  may  establish,  and  to  regulate  the  mode 
and  manner  of  all  investigations  and  hearings  of  railroad  com- 
panies and  other  parties  before  it,  in  the  establishment  of  rates, 
orders,  charges  and  other  acts  required  or  authorized  by  these 
provisions.     Const.,  art.  284. 

MICHIGAN  Commission  shall  have  power  to  adopt  and 

publish  rules  to  govern  its  proceedings  and  to  regulate  the  mode 

3459  and  manner  of  all  investigations  and  hearings  of  common  carriers 
and  other  parties  before  it,  and  all  hearings  shall  be  open  to  the 
public.     Fub.  Acts  igog,  no.  joo,  sec.  2{l). 

Commission  shall  have  power  to  adopt  rules  to  govern  its 
proceedings,  and  to  regulate  the  mode  and  manner  of  all  investi- 
gations and  hearings  of  telephone  companies  and  other  companies 

3460  before  it  in  the  establishment  of  rates,  facilities,  charges,  service 
and  other  acts  required  of  it  imder  this  act,  which  rules  shall  as 
near  as  may  be  conform  to  the  practice  heretofore  established 
under  act  number  300  of  the  public  acts  of  1909.  Puh.  Acts  igii, 
no.  138,  sec.  10. 

MINNESOTA  Commission  may  from  time  to  time  make  or 

amend  general  rules  or  orders  requisite  for  the  order  and  regula- 
tion of  proceedings  before  it,  including  forms  of  notices  and  serv- 

3461  ice  thereof,  which  shall  conform  as  nearly  a,s  may  be  to  those  in 
use  in  the  courts,  and  shall  conduct  its  proceedings  in  such  a  man- 
ner as  will  best  conduce  to  proper  dispatch  of  business  and  to  the 
ends  of  justice.     Rev.  Laws  igo^,  sec.  igdi. 

MONTANA  Commission  shall  have  power  to  adopt  rules  to 

govern  its  proceedings  and  to  regulate  the  mode  and  manner  of 

926 


3462  all  investigations  and  hearings  of  railroad  companies  and  other 
parties  before  it,  in  the  establishment  of  rates,  orders,  charges 
and  other  acts  required  of  it  irnder  the  law.  Rev.  Codes  igoy,  sec. 
4365- 

NEVADA  Commission  shall  have  power  to  adopt  and 

publish  rules  to  govern  its  proceedings  and  to  regulate  the  mode 
and  manner  of  all  investigations  and  hearings  of  railroads  and 

3463  other  parties  before  it,  and  all  hearings  shall  be  open  to  the 
public.  Stats.  1907,  ch.  44,  sec.  i(/),  as  amended  by  Stats.  191 1, 
ch.  193. 

In  addition  to  the  modes  of  procedure  hereinafter  prescribed 
in  particular  cases  and  classes  of  cases,  commission  shall  have 
power  to  prescribe  rules  of  procedure,  and  to  do  all  things  neces- 
sary and  convenient  in  the  exercise  of  the  powers  by  this  act  con- 
ferred upon  it;  provided,  that  nothing  in  this  act  shall  be  con- 

3464  strued  as  vesting  judicial  powers  in  commission,  or  as  denying  to 
any  person,  firm,  association,  corporation,  mimicipality,  county, 
town  or  village  the  right  to  test  in  a  court  of  competent  juris- 
diction the  legality  or  reasonableness  of  any  final  order  made  by 
commission  in  the  exercise  of  its  duties  or  powers.  Stats.  1911, 
ch.  162,  sec.  4. 

Commission  shall  have  power  to  adopt  reasonable  and  proper 
rules  and  regulations  relative  to  all  inspections,  tests,  audits,  and 
investigations;  and  to  adopt  and  publish  reasonable  and  proper 

3465  rules  to  govern  its  proceedings  and  to  regulate  the  mode  and 
manner  of  all  investigations  and  hearings  held  for  the  purpose  of 
determining  any  question  affecting  public  utilities;  provided,  that 
all  such  hearings  shall  be  public.     Same,  sec.  14. 

NEW  HAMPSHIRE  Commission  shall  have  power  to  adopt  and 
publish  rules  to  govern  its  proceedings,  and  to  regulate  the  mode 
and  manner  of  all  investigations  and  hearings  before  it,  and  all 

3466  hearings  shall  be  open  to  the  public.  In  any  such  investigation 
or  hearing  commission  shall  not  be  botind  by  the  technical  rules 
of  evidence.     Laws  191 1,  ch.  164,  sec.  2{k). 

NEW  JERSEY  Commission  shall  have  power  to  make  all 

3467  needful  rules  for  its  government  and  other  proceedings  not  in- 
consistent with  this  act.     Laws  1911,  ch.  19 j,  sec.  11. 

NEW  MEXICO  Commission  and  the  supreme  coiirt  are  hereby 

3468  authorized  and  empowered  to  make  and  publish  further  rules  of 

927 


order,  practice  and  procedure  as  commission  or  supreme  court 
may  deem  necessary  or  proper.     Laws  1Q12,  ch.  y8,  sec.  15.^ 

NORTH  CAROLINA  Commission  shall  prescribe  rules  of  practice 
and  procedure  in  all  matters  before  it  and  in  all  examinations 

3469  necessary  to  be  made  imder  this  chapter.  PelVs  Revisal  igo8, 
sec.  1068. 

NORTH  DAKOTA  Commission  may  from  time  to  time  make  or 
amend  such  general  rules  or  orders  as  may  be  requisite  for  the 
order  and  regulation  of  proceedings  before  it,  including  forms  of 

3470  notice  and  the  service  thereof,  which  shall  conform  as  nearly  as 
may  be  to  those  in  use  in  courts  of  this  state.  Rev.  Codes  1905, 
sec.  4362. 

OHIO  Commission  may  adopt  and  publish  rules  to 

govern  its  proceedings,  and  to  regulate  the  mode  and  manner  of 

3471  investigations  and  hearings  of  railroads  and  other  parties  before 
it.  All  hearings  shall  be  open  to  the  public.  Code  1910, 
sec.  4gy. 

Commission  shall  have  power  to  adopt  and  publish  rules  to 

3472  govern  its  proceedings  and  to  regulate  the  mode  and  manner  of 
all  valuations,  tests,  audits,  inspections,  investigations  and  hear- 
ings which  shall  be  open  to  the  public.     Laws  1911,  no.  32  j,  sec.  7. 

OREGON  Commission  shall  have  power  to  adopt  and 

publish  rules  or  orders  to  govern  its  proceedings  and  to  amend  the 
same,  and  to  regulate  the  mode  and  manner  of  all  investigations 

3473  and  hearings  of  railroads  and  other  parties  before  it,  and  all 
hearings  shall  be  open  to  the  public.  Gen.  Laws  igoy,  ch.  55, 
sec.  g.^ 

PENNSYLVANIA  Commission  may,  from  time  to  time,  make  or 
amend  such  general  rules  or  orders  as  it  may  determine  for  the 

3474  orderly  regulation  of  proceedings  before  it,  including  forms  of 
notices  and  the  service  thereof.     Laws  igoy,  no.  250,  sec.  5. 

SOUTH  DAKOTA      Identical   with   par.    3470.      Rev.    Pol.    Code 
3476  igo3,  sec.  ig2. 

1  Commission  shall  prescribe  its  own  rules  of  order  and  procedure  except  so  far  as 
specified  in  this  constitution.    Const.,  art.  xi,  sec.  4. 

2  Commission  shall  have  power  to  adopt  and  amend  reasonable  and  proper  rules  and 
regulations  relative  to  all  inspections,  tests,  audits  and  investigations,  and  to  adopt  and 
publish  reasonable  and  proper  rules  to  govern  its  proceedings  and  to  regulate  the  mode 
and  manner  of  all  investigations  and  hearings  of  public  utilities  and  other  parties  before 
it,  and  any  person  may  appear  before  commission,  and  be  heard,  or  may  appear  by  attor- 
ney.   All  hearings  shall  be  open  to  the  public.    Gen.  Laws  1911,  ch.  279,  sec.  34. 

928 


TENNESSEE  Commission  shall  have  power  to  make  aU 

needed  rules  for  its  government  and  for  its  proceedings,  and  to 
regulate  the  mode  and  manner  of  all  investigations  and  hearings 

3476  of  railroad  companies  and  other  parties  before  it,  and  to  adopt 
and  enforce  such  rules  and  regulations  and  modes  of  procedure  as 
it  may  deem  proper  for  the  hearing  and  the  determination  of  all 
complaints  made  by  any  railroad  company  or  other  parties 
Acts  i8gy,ch.  lo,  sec.  8{i),as  amended  by  Laws  igoj,  ch.  jgo,  sec.  2. 

TEXAS  Commission  shall  have  power  to  ma,ke  all 

3477  needful  rules  for  the  government  of  its  proceedings.  Sayles* 
Civ.  Stats.  iSgy,  art.  4^6 i{j). 

Commission  shall  have  power  to  adopt  rules  to  govern  its 
proceedings  and  to  regulate  the  mode  and  manner  of  all  investi- 
gations and  hearings  of  railroad  companies  and  other  parties  be- 

3478  ~  fore  it,  in  the  establishment  of  rates,  orders,  charges  and  other 

acts  required  of  it  under  the  law;  provided,  that  no  person  de- 
siring to  be  present  at  any  such  investigation  by  commission 
shall  be  denied  admission.     Same,  art.  456 ^{i). 

VERMONT  The  forms,  pleadings,  procedure  and  rules  of 

practice  before  commission  shall  be  prescribed  by  commission 
and  printed  for  general  use.     Commission  shall  hear  all  matters 

3479  and  state  its  rulings  when  excepted  to  and  its  findings  of  facts, 
which  shall  have  the  force  and  effect  of  the  reports  of  special 
masters  in  coiurts  of  equity,  whenever  the  cause  is  taken  by  an 
appeal  to  supreme  court.     Pub.  Stats.  igo6,  sec.  45g8. 

VIRGINIA  Commission  shall  prescribe  its  own  rules  of 

3480  order  and  procedure,  except  so  far  as  the  same  are  specified  in 
this  constitution  or  any  amendment  thereof.     Const.,  sec.  155. 

WASHINGTON  Commission  shall  have,  and  it  is  hereby  given, 

power  to  adopt  rules  to  govern  its  proceedings,  and  to  regulate 
the  mode  and  manner  of  all  investigations  and  hearings;    pro- 

3481  vided,  no  person  desiring  to  be  present  at  such  hearing  shall  be 
denied  permission.  Actions  may  be  instituted  to  review  rules  and 
regulations  promulgated  imder  this  section  as  in  the  case  of  orders 
of  commission.     Laws  igii,  ch.  iiy,  sec.  8j. 

See  also  par.  241  j. 

WISCONSIN  Commission  shall  have  power  to  adopt  and 

pubUsh  rules  to  govern  its  proceedings  and  to  regulate  the  mode 

3482  and  manner  of  all  investigations  and  hearings  of  railroads    and 

929 


other  parties  before  it,  and  all  hearings  shall  be  open  to  the  public. 
Laws  1905,  ch.  262,  sec.  ijgj-ii}). 

Commission  shall  have  power  to  adopt  reasonable  and 
proper  rules  and  regulations  relative  to  all  inspections,  tests, 
audits  and  investigations  and  to  adopt  and  publish  reasonable 
3483  and  proper  rules  to  govern  its  proceedings  and  to  regulate  the 
mode  and  manner  of  all  investigations  and  hearings  of  public 
s  utilities  and  other  parties  before  it.  All  hearings  shall  be  open 
to  the  public.     Laws  igoy,  ch.  ^gg,  sec.  iygym-36. 

B.  AUTHORITY  OF  COMMISSION  TO  ADMINIS- 
TER OATHS,  SUBPOENA  WITNESSES  AND 
ORDER  THE  PRODUCTION  OF  BOOKS,  REC- 
ORDS AND  MEMORANDA  IN  PROCEEDINGS 
BEFORE  COMMISSION. 


I.  Administration  of  oaths,  issue  of  subpoenas  and  production  of 

documents. 

UNITED  STATES  All  existing  laws  relating  to  the  attendance  of 
witnesses  and  the  production  of  evidence  and  the  compelling  of 

3484  testimony  under  the  act  to  regulate  commerce  and  all  acts  amend- 
atory thereof  shall  apply  to  any  and  all  proceedings  and  hearings 
under  this  act.     Act  to  Regulate  Commerce,  sec.  g. 

For  the  purpose  of  this  act  commission  may  require  by  sub- 
poena, the  attendance  and  testimony  of  witnesses  and  the  pro- 

3485  duction  of  all  books,  papers,  tariffs,  contracts,  agreements,  and 
documents  relating  to  any  matter  under  investigation.  Same, 
sec.  12. 

Such  attendance  of  witnesses  and  the  production  of  such 
doomientary  evidence,  may  be  required  from  any  place  in  the 
United  States,  at  any  designated  place  of  hearing.     And  in  case 

3486  of  disobedience  to  a  subpoena  commission,  or  any  party  to  a  pro- 
ceeding before  commission,  may  invoke  the  aid  of  any  court  of 
the  United  States  in  reqmring  the  attendance  and  testimony  of 
witnesses  and  the  production  of  books,  papers  and  doctiments 
imder  the  provisions  of  this  section.     Same. 

Any  of  the  circuit  courts  of  the  United  States  within  the 
jurisdiction  of  which  such  inquiry  is  carried  on  may,  in  case  of 
contumacy  or  refusal  to  obey  a  subpoena  issued  to  any  common 
carrier,  or  other  person,  issue  an  order  requiring  such  common 
carrier  or  other  person  to  appear  before  commission  (and  produce 

930 


books  and  papers  if  so  ordered)  and  give  evidence  touching  the 

3487  matter  in  question;  and  any  failure  to  obey  such  order  of  the 
court  may  be  punished  by  such  court  as  a  contempt  thereof.  The 
claim  that  any  such  testimony  or  evidence  may  tend  to  crimi- 
nate the  person  giving  such  evidence  shall  not  excuse  such  wit- 
ness from  testifying ;  but  such  evidence  or  testimony  shall  not  be 
used  against  such  person  on  the  trial  of  any  criminal  proceeding. 
Same. 

3488  Either  of  the  members  of  commission  may  administer  oaths 
and  affirmations  and  sign  subpoenas.     Same,  sec.  ij. 

Any  person  who  shall  neglect  or  refuse  to  attend  and  testify 
or  to  answer  any  lawful  inquiry,  or  to  produce  books,  papers, 
tariffs,  contracts,  agreements,  and  documents,  if  in  his  power  to 
do  so,  in  obedience  to  the  subpoena  or  lawful  requirement  of  com- 

3489  mission,  shall  be  guilty  of  an  offense  and  upon  conviction  thereof 
by  a  court  of  competent  jurisdiction  shall  be  punished  by  fine  of 
not  less  than  $ioo  nor  more  than  $5,000  or  by  imprisonment  for 
not  more  than  one  year  or  by  both  such  fine  and  imprisonment. 
Immunity  of  Witnesses  Act,  i8gj. 

See  also  pars.  188,  2616. 

ALABAMA  Commission  may  require  by  order  of  subpoena, 

to  be  served  on  any  transportation  company  in  the  same  manner 
that  a  summons  is  served  in  a  civil  action  in  the  circuit  court,  the 
production  within  this  state,  at  such  time  and  place  as  it  may 
designate,  of  any  books,  papers  or  accoimts  kept  by  such  trans- 
portation company  in  any  office  or  place  without  or  within  the 

3490  state  or  verified  copies  in  lieu  thereof,  if  commission  shall  so  order, 
in  order  that  an  examination  thereof  may  be  made  by  commis- 
sion or  imder  its  direction.  Any  transportation  company  fail- 
ing or  refusing  to  comply  with  any  such  order  or  subpoena  shall, 
for  each  day  it  shall  so  fail  or  refuse,  forfeit  to  the  state  a  simi  not 
less  than  $100,  nor  more  than  $1,000,  which  may  be  recovered  by 
the  state.     Code  igoy,  sec.  5663. 

Each  commissioner,  for  the  purposes  mentioned  in  this  chap- 
ter, and  in  all  hearings  before  it,  may  administer  oaths,  certify  to 

3491  official  acts,  issue  subpoenas,  compel  the  attendance  of  witnesses 
and  the  production  of  papers,  way  bills,  books,  accoimts,  docu- 
ments and  stationery.     Same,  sec.  56'/ 2. 

See  also  pars,  igo,  88g,  2^54. 

ARIZONA  Commission  and  each  commissioner  may  issue 

writs  or  simimons,  subpoenas,  warrants  of  attachment,  warrants 

931 


of  commitment  and  all  necessary  process  in  proceedings  for  con- 
tempt, in  the  like  manner  and  to  the  same  extent  as  courts  of 
record.     The  process  issued  by  commission  or  any  commissioner 

3492  shall  extend  to  all  parts  of  the  state  and  may  be  served  by  any 
person  authorized  to  serve  process  of  courts  of  record,  or  by  any 
person  designated  for  that  purpose  by  commission  or  a  commis- 
sioner. The  person  executing  any  such  processes  shall  receive 
such  compensation  as  may  be  allowed  by  law.  Sess.  Laws  igi2, 
ch.  go,  sec.  54. 

Commission  and  each  commissioner  may  administer  oaths, 
certify  to  all  official  acts,  and  issue  subpoenas  for  the  attendance 

3493  of  witnesses  and  the  production  of  papers,  way  bills,  books,  ac- 
counts, documents  and  testimony  in  any  inquiry,  investigation, 
hearing  or  proceeding  in  any  part  of  the  state.      Same,  sec. 

The  superior  court  in  and  for  the  county  in  which  any 
inquiry,  investigation,  hearing  or  proceeding  may  be  held  by  com- 
mission or  any  commissioner  may  compel  the  attendance  of 
witnesses,  the  giving  of  testimony  and  the  production  of  papers, 
including  way  bills,  books,  accounts  and  documents,  as  required 
by  any  subpoena  issued  by  commission  or  any  commissioner. 
Commission  or  the  commissioner  before  whom  the  testimony  is 
to  be  given  or  produced,  in  case  of  the'refusal  of  any  witness  to 
attend  or  testify  or  produce  any  papers  required  by  such  sub- 
poena, may  report  to  the  superior  court  in  and  for  the  county,  in 
which  the  proceeding  is  pending,  by  petition,  setting  forth  that 
due  notice  has  been  given  of  the  time  and  place  of  attendance  of 
said  witness,  or  the  production  of  said  papers,  and  that  the  wit- 
ness has  been  summoned  in  the  manner  prescribed  in  this  act, 
and  that  the  witness  has  failed  and  refused  to  attend  or  produce 
the  papers  required  by  the  subpoena,  before  commission  or  com- 
missioner, in  the  cause  or  proceeding  named  in  the  notice  and 
subpoena,  or  has  refused  to  answer  questions  propounded  to  him 
8494  in  the  course  of  such  proceeding,  and  ask  an  order  of  said  court, 
compelling  the  witness  to  attend  and  testify  or  produce  said 
papers  before  commission.  The  court,  upon  the  petition  of  com- 
mission or  such  commissioner  shall  enter  an  order  directing  the 
witness  to  appear  before  the  court  at  a  time  and  place  to  be  fixed 
by  the  court  in  such  order,  the  time  to  be  not  more  than  ten  days 
from  the  date  of  the  order,  and  then  and  there  show  cause  why  he 
has  not  attended  and  testified  or  produced  said  papers  before 
commission.     A  copy  of  said  order  shall  be  served  upon  said  wit- 

932 


ness.  If  it  shall  appear  to  the  court  that  said  subpoena  was  reg- 
ularly issued  by  commission  or  a  commissioner,  the  court  shall 
thereupon  enter  an  order  that  said  witness  appear  before  com- 
mission or  said  commissioner  at  the  time  and  place  fixed  in  said 
order,  and  testify  or  produce  the  required  papers,  and  upon  fail- 
ure to  obey  said  order,  said  witness  shall  be  dealt  with  as  for  con- 
tempt of  cotirt.  The  remedy  provided  in  this  subsection  is  cumu- 
lative, and  shall  not  be  construed  to  impair  or  interfere  with  the 
power  of  commission  or  a  commissioner  to  enforce  the  attend- 
ance of  witnesses  and  the  production  of  papers,  and  to  punish  for 
contempt  in  the  same  manner  and  to  the  same  extent  as  courts  of 
record.     Same,  sec.  55{h). 

Commission  may  require,  by  order  served  on  any  public  serv- 
ice corporation  in  the  manner  provided  herein  for  the  service  of 
orders,  the  production  within  this  state  at  any  such  time  and  place 

3495  as  it  may  designate,  of  any  books,  accounts,  papers  or  records 
kept  by  said  public  service  corporation  in  any  office  or  place  with- 
out this  state,  or  at  its  option,  verified  copies  in  lieu  thereof,  so 
that  an  examination  thereof  may  be  made  by  the  commission  or 
under  its  direction.     Same,  sec.  5p. 

See  also  pars.  j68,  1412,  32^8. 

ARKANSAS  Commission,  in  making  any  examination  or 

investigation  provided  for  in  this  act,  may  issue  subpoenas  for 
the  attendance  of  witnesses.  In  case  any  witness  shall  fail  or  re- 
fuse to  obey  such  subpoena  commission  may  issue  an  attachment 
for  said  witness,  directed  to  any  sheriff  or  any  constable  in  the 
state,  and  compel  him  to  attend  before  commission,  and  give  his 
testimony  upon  such  matters  as  shall  be  lawfully  required  of  him. 
If  a  witness  being  duly  summoned  shall  fail  or  refuse  to  attend  or 
to  answer  any  question  propounded  to  him  and  which  he  would 

3496  be  required  to  answer  if  in  court,  commission  may  fine  and  im- 
prison such  witness  for  contempt,  in  the  same  manner  that  a 
judge  of  the  circuit  court  might  do  under  similar  circumstances. 
The  claim  that  any  such  testimony  may  tend  to  criminate  the 
person  giving  it  shall  not  excuse  such  witness  from  testifying,  but 
the  person  so  testifying  shall  not  be  prosecuted  or  subject  to  any 
penalty  or  forfeiture  for  or  on  account  of  any  transaction,  matter 
or  thing  concerning  in  any  way  such  case  or  proceeding;  provided, 
that  no  person  shall  be  exempt  from  perjury  in  so  testifying. 
Kirby's  Digest  1904,  sec.  6825. 

The  sheriff  or  constable  executing  any  process  under  the  pro- 

3497  visions  of  this  bill  shall  receive  such  compensation  as  may  be  al- 

933 


lowed  by  commission,  not  to  exceed  fees  as  now  prescribed  by- 
law.    Same. 

See  also  par.  775. 

CALIFORNIA  Substantially  identical  with  pars.  3492,  3493, 

3498  3494,  3495.  Stats,  igii,  ist.  ex.  sess.,  ch.  14,  sees.  54,  55{a), 
55ib),  59- 

See  also  pars.  ly^,  415,  32^8,  4517. 

COLORADO  Members  of  commission  may  each  administer 

oaths,  and  for  the  purpose  of  this  act  commission  may  require  by 
subpoena  the  attendance  and  testimony  of  witnesses  and  the  pro- 

3499  duction  of  all  books,  papers,  tariffs,  contracts,  agreements  and 
docimients  relating  to  any  matter  under  investigation.  Laws 
1910,  sp,  sess.,  ch.  5,  sec.  12. 

3500  Also  a  provision  identical  with  par.  3487.^    Same. 

CONNECTICUT  Commission,  or  any  member  thereof,  in  the 

performance  of  its  duties  or  in  connection  with  any  hearing,  may 
summon  and  examine,  under  oath,  such  witnesses,  and  may  di- 
rect the  production  of,  and  examine  or  cause  to  be  produced  and 
examined,  such  books,  records,  vouchers,  memoranda,  documents, 
letters,  contracts  or  other  papers  in  relation  to  the  affairs  of  any 
public  service  company  as  it  may  find  proper,  and  shall  have  the 

3501  same  powers  in  reference  thereto  as  are  now  vested  in  magistrates 
taking  depositions.  If  any  witness  objects  to  testifying  or  to 
producing  any  book,  or  paper  on  the  ground  that  such  testimony, 
book,  or  paper  may  tend  to  incriminate  him,  and  commission,  or 
any  member  thereof,  direct  such  witness  to  testify  or  to  produce 
such  book  or  paper,  and  he  complies,  or  he  be  compelled  so  to  do 
by  order  of  court,  he  shall  not  be  prosecuted  for  any  matter  con- 
cerning which  he  has  so  testified.    Ptih.  Acts.  iQii,,ch.  128,  sec.  g. 

FLORIDA  Commissioners,  in  making  any  examination  for 

the  purpose  of  obtaining  information  pursuant  to  this  act,  shall 
have  power  to  issue  simimons,  subpoena,  subpoena  duces  tecum 
or  other  writs  for  the  attendance  of  witnesses  by  such  rules  as 
they  may  prescribe.     In  case  any  person  shall  refuse  or  wilfully 

3502  fail  to  obey  such  subpoena,  subpoena  duces  tecimi  or  other  writ 
issued  by  commissioners,  commissioners  may  issue  an  attach- 
ment for  such  witness  and  compel  him  to  attend  before  commis- 
sioners and  give  his  testimony  upon  such  matters  as  shall  be  law- 
fully required  by  such  commissioners;  to  bring  and  produce  such 

*  "  Any  of  the  circuit  courts  of  the  United  States  "  reads  "  any  of  the  district  courts  of 
this  statev"  in  Colorado. 

934 


books,  or  papers  or  documents  reqmred  of  such  person  and  com- 
missioners may  punish  for  contempt  as  in  cases  of  refusal  to  obey 
the  orders  and  process  of  the  circuit  courts  of  the  state.  Gen. 
Stats.  igo6y  sec.  2gi6. 

In  making  any  investigations  or  examinations  pursuant  to 
this  or  any  other  section  of  this  act  each  commissioner  may  ad- 
minister oaths  or  affirmations,  and  in  such  examinations  or  in- 
vestigations no  person  called  upon  to  testify  shall  be  excused 
from  answering  on  the  ground  or  claim  that  his  testimony  would 
tend  to  incriminate  himself;  but  such  testimony  shall  not  be  used 

3503  against  him  in  any  criminal  proceeding.  The  secretar^^  of  com- 
mission may  serve  any  subpoena,  notice  or  other  process  or  other 
paper  issued  by  commission  and  required  by  it  to  be  personally 
served,  and  sheriffs  in  the  different  counties  in  this  state  shall 

'  make  such  service  and  execute  all  process  or  orders  when  required 
by  commission,  said  sheriffs  to  be  paid  the  same  fees  as  are  al- 
lowed them  by  law  for  similar  services.     Same,  sec.  2giy. 

GEORGIA  Commission,  in  making  any  examination  for 

the  purpose  of  obtaining  information  pursuant  to  this  article, 
may  issue  subpoenas  for  the  attendance  of  witnesses  by  such 
rules  as  it  may  prescribe.  In  case  any  person  shall  wilfully  fail 
or  refuse  to  obey  such  subpoena,  the  judge  of  the  superior  court 

3504  of  any  coimty,  upon  application  of  commission,  shall  issue  an 
attachment  for  such  witness,  and  compel  him  to  attend  before 
commission  and  give  his  testimony  upon  such  matters  as  shall  be 
lawfully  required  by  such  commission  and  court  may  ptinish  for 
contempt,  as  in  other  cases  of  refusal  to  obey  the  process  and 
order  of  such  court.     Code  igii,  sec.  2653. 

See  also  pars.  26^3,  32Q8. 

ILLINOIS  In  making  any  examination  as  contemplated 

in  this  act,  or  for  the  purpose  of  obtaining  information,  pursuant 
to  this  act,  commissioners  may  issue  subpoenas  for  the  attend- 
ance of  witnesses,  and  may  administer  oaths.  In  case  any  person 
shall  wilfully  fail  or  refuse  to  obey  such  subpoena,  it  shall  be  the 

3505  duty  of  the  circuit  court  of  any  county,  upon  application  of  com- 
missioners, to  issue  an  attachment  for  said  witness  and  compel 
such  witness  to  attend  before  commissioners,  give  his  testimony 
upon  such  matters  as  shall  be  lawfully  required  by  such  commis- 
sion; and  the  court  may  punish  for  contempt,  as  in  other  cases  of 
refusal  to  obey  the  process  and  order  of  such  court.  Revisal  igog, 
ch.  114,  sec.  180. 

935 


Any  person  who  shall  wilfully  neglect  or  refuse  to  obey  the 
process  of  subpoena  issued  by  commission  and  appear  and  testify 
as  therein  required,  shall  be  deemed  guilty  of  a  misdemeanor, 
and  shall  be  liable  to  an  indictment  in  any  court  of  competent 

3506  jurisdiction,  and  on  conviction  thereof  shall  be  punished  for 
each  offense  by  a  fine  of  not  less  than  $25  nor  more  than  $500,  or 
by  imprisonment  of  not  more  than  30  days,  or  both,  in  the  dis- 
cretion of  the  cotirt  before  which  such  conviction  shall  be  had. 
Same,  sec.  181. 

See  also  par.  421. 

INDIANA  The  chairman  and  each  of  the  members  of 

commission  and  the  secretary  and  clerk  thereof,  for  the  purposes 
mentioned  in  this  act,  may  administer  all  oaths  proper  or  neces- 
sary in  the  course  of  any  hearing  or  investigation  provided  for 
by  this  act,  or  in  the  dispatch  of  any  business  concerning  the 
commission  or  its  duties.     Subpoenas  commanding  the  attend- 

3507  ance  of  witnesses  and  the  production  of  papers,  bills  of  lading  or 
other  evidence  of  shipment,  way  bills,  books,  accounts  and  other 
documents  deemed  necessary  by  commission  in  any  proceeding 
pending  before  it  may  be  issued  by  commission,  signed  by  its  sec- 
retary and  served  by  reading  or  by  copy,  and  such  subpoenas 
shall  be  served  and  the  attendance  of  all  such  witnesses  enforced 
as  provided  for  in  this  act.     Acts  igoj,  ch.241,  sec.  4{a). 

Commission,  in  all  investigations  being  held  by  it  and  in  all 
proceedings  pending  before  it,  may  require  any  carrier,  other 
party,  or  corporation,  to  produce  before  commission,  to  be  used  as 
evidence  in -such  investigation,  or  proceedings  any  book,  record, 
contract,  letter,  paper  or  other  document  in  the  possession,  or 
under  the  control,  or  subject  to  the  order  of  any  such  carrier, 
3608  other  party,  or  corporation,  which  is  necessary,  or  proper  to  be 
considered  in  evidence  in  any  such  proceedings,  and  in  case  any 
such  carrier,  or  other  party,  or  corporation,  shall  fail,  or  refuse,  to 
produce  the  same,  such  carrier,  or  other  party  or  corporation, 
shall  forfeit  and  pay  to  the  state  a  sum  not  less  than  $100  nor 
more  than  $500,  to  be  collected  as  provided  in  this  act.  Same, 
sec.  io{aa),  as  amended  by  Acts  igii,  ch.  22 j,  sec.  2. 

For  the  purposes  of  this  act  commission  may  require  by  sub- 
poena, the  attendance  and  testimony  of  witnesses  and  the  pro- 
duction of  all  books,  papers,  tariffs,  contracts,  agreements,  and 
documents  relating  to  any  matter  under  investigation,  or  in  any 
proceeding  pending  before  it.  Such  attendance  of  witnesses  and 
the  production  of  such  documentary  evidence  may  be  required 

936 


at  any  designated  place  of  hearing  in  this  state.  In  case  of  dis- 
obedience to  a  subpoena,  commission,  or  any  party  to  a  proceeding 
before  commission  may  invoke  the  aid  of  any  circuit  court  of  this 
state  in  requiring  the  attendance  and  testimony  of  witnesses  and 
the  production  of  books,  papers,  and  documents  under  this  pro- 
vision. Any  of  the  circuit  courts  of  this  state,  within  the  juris- 
diction of  which  any  such  inquiry  or  hearing  is  carried  on,  may,  in 

3609  case  of  contumacy  or  refusal  to  obey  a  subpoena  issued  to  any 
such  carrier  subject  to  the  provisions  of  this  act,  or  other  person, 
issue  an  order  requiring  such  carrier,  or  other  person,  to  appear 
before  commission,  and  produce  books,  and  papers,  if  so  ordered, 
and  give  evidence  touching  the  matter  in  question;  and  any  fail- 
ure to  obey  such  order  of  the  court  may  be  punished  by  such  court 
as  a  contempt  thereof.  The  claim  that  any  such  testimony,  or 
evidence,  may  tend  to  criminate  the  person  giving  such  evidence 
shall  not  excuse  such  witness  from  testifying,  but  such  evidence, 
or  testimony,  shall  not  be  used  against  such  person  on  the  trial  of 
any  criminal  proceeding,  nor  shall  any  such  witness  so  compelled 
to  testify  against  himself  be  thereafter  prosecuted  for  any  crime 
concerning  which  he  has  been  compelled  to  give  testimony. 
Same,  sec.  ii,  as  amended  by  Acts  igii,  ch.  225,  sec.  j. 

In  case  any  witness  who  is  sought  to  be  examined  by  com- 
mission at  any  hearing  or  investigation  conducted  by  or  proceed- 
ing pending  before  it,  shall  refuse  to  answer  any  question  ad- 
dressed to  such  witness  by  commission  pertinent  to  the  matter 
then  being  heard  or  investigated,  or  shall  refuse  to  produce  a  book, 
paper  or  other  document  or  documents  in  his  possession  or  power 
and  pertinent  to  such  matter,  and  required  by  commission  to  be 
produced  before  it,  or  shall  decline  to  testify  before  commission, 

3610  commission  may  report  such  fact  to  any  circuit  or  superior  coiirt 
of  the  county  wherein  such  hearing,  investigation  or  proceed- 
ing is  being  conducted,  or  to  the  judge  thereof  in  vacation,  and 
such  court  or  judge  shall  thereupon  order  such  witness  to  answer 
such  question  or  questions  and  produce  such  book,  paper,  or  other 
document  or  documents  before  commission,  or  give  testimony  in 
such  hearing,  investigation  or  proceeding,  and  on  failure  or  refusal 
to  obey  such  order,  such  witness  shall  be  dealt  with  by  such  cir- 
cuit or  superior  court  or  judge  thereof  in  vacation,  as  for  con- 
tempt.    Same. 

IOWA  Commission  may  require  the  attendance  and 

testimony  of  witnesses,  the  production  of  all  books,  papers,  tariffs, 
schedules,  contracts,  agreements  and  documents  relating  to  any 

937 


matter  under  investigation;  and  may  invoke  the  aid  of  any  cotirt 
of  this  state  in  requiring  the  attendance  and  testimony  of  wit- 
nesses and  the  production  of  books,  papers  and  doomients;  and 
any  court  within  the  jurisdiction  of  which  such  inquiry  is  carried 
on  shall,  in  case  of  refusal  to  obey  a  subpoena  or  other  proper  proc- 
ess issued  to  any  common  carrier  or  person  subject  to  the  provi- 
sions hereof,  issue  an  order  requiring  such  carrier  or  person  to  ap- 
3611  pear  before  commission  and  produce  books  and  papers,  if  so 
ordered,  and  testify  touching,  or  in  relation  to,  the  matter  in 
question;  and  a  failure  to  obey  such  orders  of  the  coiirt  shall  be 
punished  as  for  a  contempt  thereof.  The  claim  that  any  such 
testimony  or  evidence  may  tend  to  criminate  the  person  giving  it 
shall  not  excuse  him  from  testifying,  but  no  person  shall  be  pros- 
ecuted or  subjected  to  any  penalty  or  forfeiture  for  and  on  ac- 
count of  any  matter  or  thing  concerning  which  he  may  testify, 
or  produce  evidence,  doomientary  or  otherwise;  provided  that 
no  person  so  testifying  shall  be  excepted  from  prosecution,  and 
punishment  for  perjury  committed  in  so  testifying.  Code  iSgy, 
sec.  2133. 

See  also  par.  424. 


KANSAS  In  case  any  witness  shall  fail  or  refuse  to  obey 

a  subpoena,  commission  or  any  member  thereof  may  apply  to 
any  district  court  or  judge  thereof  for  an  order  and  an  attach- 
ment for  said  witness,  directed  to  any  sheriff  of  the  state,  and 
which  said  court  or  judge  may  issue,  and  compel  him  to  attend 
before  commission,  or  any  member  thereof,  and  give  his  testi- 
mony and  answer  any  question  upon  such  matters  as  shall  be 
lawfully  required  of  him.  If  a  witness,  after  being  duly  sum- 
moned and  ordered  by  any  such  court  or  judge,  shall  fail  or 
refuse  to  attend,  or  to  answer  any  question  propounded  to  him, 

3612  and  which  he  would  be  required  to  answer  if  in  a  court,  such 
court  or  judge  shall  have  the  power  to  fine  and  imprison  such 
witness  for  contempt.  The  claim  that  any  such  testimony  may 
tend  to  criminate  the  person  giving  it  shall  not  excuse  such  wit- 
ness from  testifying,  but  such  evidence  or  testimony  shall  not 
be  used  against  such  person  on  the  trial  or  (of)  any  criminal 
proceeding,  nor  shall  he  be  liable  to  criminal  prosecution  for  or 
on  account  of  any  transaction,  matter  or  thing  concerning  which 
he  may  so  testify.  The  sheriff  executing  any  process  under  the 
provisions  of  this  section,  or  under  any  other  provisions  of  this 
act,  shall  receive  such  compensation  as  may  be  allowed  by  com- 

938 


mission,  not  to  exceed  fees  now  prescribed  by  law  for  similar 
service  in  civil  cases.    Gen.  Stats,  igog,  sec.  717 S- 
See  also  pars.  425,  2811,  3176,  3725. 

KIENTUCKY  Each  of  the  commissioners  is  authorized  to  ad- 

3513  minister  oaths.     Carroll's  Stats,  igog,  sec.  821. 
See  also  par.  426. 

LOUISIANA  Commission  may   simimon  and  compel  the 

attendance  of  witnesses,  swear  witnesses,  and  compel  the  produc- 

3614  tion  of  books  and  papers,  take  testimony  under  commission  and 
pimish  for  contempt  as  fully  as  is  provided  by  law  for  the  district 
courts.     Const.,  art.  284. 

;         MAINE  See  pars,  mi,  2634. 

]         MARYLAND  If  a  person  subpoenaed  to  attend  before  com- 

"■^  mission  or  commissioner  fail  to  obey  the  command  of  such  sub- 

'^  poena,  without  reasonable  cause,  or  if  a  person  in  attendance  be- 

/  fore  commission  or  a  commissioner  shall,  without  a  reasonable 

^;         3615  cause,  refuse  to  be  sworn  or  to  be  examined,  or  answer  a  question 
I  or  to  produce  a  book  or  paper  when  ordered  to  do  so  by  commis- 

;^  sion  or  a  commissioner,  or  to  subscribe  or  swear  to  his  deposition 

|.  after  it  has  been  correctly  produced  in  writing,  he  shall  be  guilty 

^i  of  a  misdemeanor  and  may  be  prosecuted  therefor  in  any  court  of 

competent  criminal  jurisdiction.     Laws  igio,  ch.  180,  sec.  g. 

If  a  person  in  attendance  before  commission  or  a  commis- 
sioner refuse,  without  reasonable  cause,  to  be  examined,  or  to 
answer  a  legal  and  pertinent  question,  or  to  produce  a  book  or 
paper  when  ordered  to  do  so  by  commission  or  commissioner, 
commission  or  commissioner  may  apply  to  any  judge  of  the 
supreme  bench  of  Baltimore  City  or  of  the  circuit  court  for  any 
coimty,  upon  proof  by  affidavit  of  the  fact,  for  a  rule  or  order  re- 
turnable in  not  less  than  two  nor  more  than  five  days,  directing 
such  person  to  show  cause  before  the  judge  who  made  the  order, 
3516  or  any  other  judge  aforesaid,  why  he  should  not  be  committed  to 
jail;  upon  the  return  of  such  order,  the  judge  before  whom  the 
matter  shall  come  on  for  a  hearing  shall  examine  under  oath  such 
person,  and  such  person  shall  be  given  an  opportunity  to  be  heard; 
and  if  the  judge  shall  determine  that  such  person  has  refused, 
without  reasonable  cause  or  legal  excuse,  to  be  examined  or  to 
answer  a  legal  or  pertinent  question,  or  to  produce  a  book  or  paper 
which  he  was  ordered  to  bring  or  produce,  he  may  forthwith  com- 
mit the  offender  to  jail,  there  to  remain  until  he  submits  to  do  the 

939 


act  which  he  was  so  required  to  do,  or  is  discharged  according  to 
law.     Same. 

Commission  and  such  commissioner  may  administer  oaths 
in  all  parts  of  the  state  to  witnesses  simimoned  to  testify  in  any 
inqmry,  investigation,  hearing  or  proceeding,  and  may  also  ad- 

3617  minister  oaths  in  all  parts  of  the  state  whenever  the  exercise  of 
such  power  is  incidentally  necessary  or  proper  to  enable  commis- 
sion or  a  commissioner  to  perform  a  duty  or  to  exercise  a  power 
committed  to  it  by  this  act.     Same,  sees,  /j,  20. 

Commission  may,  whether  as  a  commission  or  through  its 
members,  subpoena  witnesses,  take  testimony  and  administer 

3518  oaths  to  witnesses  in  any  proceeding  or  examination  instituted 
before  it,  or  conducted  by  it  itl  reference  to  any  matter  within  its 
jurisdiction  under  this  article.     Same,  sec.  31^. 
See  also  pars.  175,  377,  427,  428,  3298,  3734. 

MASSACHUSETTS  In  all  investigations  made  by  (highway)  com- 
mission and  in  all  proceedings  before  it,  any  member  thereof  may 

3619  summon  witnesses  in  behalf  of  the  commonwealth,  and  may  ad- 
minister oaths  and  take  testimony.     Acts  1906,  ch.  433,  sec.  13. 
In  all  cases  investigated  and  inquiries  made  by  (railroad) 
commission  and  in  all  proceedings  before  it,  any  member  thereof 

3520  may  summon  witnesses  in  behalf  of  the  commonwealth  and  may 
administer  oaths  and  take  testimony.  Acts  igo6,  ch.  463,  pt.  i, 
sec.  19. 

See  also  par.  2641. 

MICHIGAN  Each  of  the  commissioners  may  administer 

oaths,  certify  to  official  acts,  issue  subpoenas,  compel  the  attend- 
ance of  witnesses  and  the  production  of  papers,  way  bills,  books, 
accounts,  docimients  and  testimony.  In  case  of  disobedience  on 
the  part  of  any  person  or  persons,  or  wilful  failure  to  comply  with 
any  order  of  commission  or  any  commissioner  or  any  subpoena,  or 
upon  the  refusal  of  any  witness  to  testify  regarding  any  matter 
upon  which  he  may  be  lawfully  interrogated,  or  to  produce  any 

8621  books  or  papers  in  his  custody  or  control  which  he  shall  have  been 
required  by  any  commissioner  to  produce,  it  shall  be  the  duty  of 
the  circuit  court  or  any  court,  or  a  judge  thereof,  upon  applica- 
tion of  a  commissioner,  to  compel  obedience  by  attachment  pro- 
ceedings for  contempt,  as  in  the  case  of  disobedience  of  the  re- 
quirements of  a  subpoena  issued  from  such  court,  or  a  refusal  to 
testify  therein,  and  in  addition  said  commissioner  shall  have  the 
powers  vested  in  justices  of  the  peace  and  notaries  public  to  com- 

940 


pel  witnesses  to  testify  and  to  produce  books  and  papers.  Pub. 
Acts  igog,  no.  ^oo,  sec.  2j{a). 

Commission  may  require  by  order  or  subpoena,  to  be  served 
upon  any  common  carrier  in  the  same  manner  that  a  subpoena  is 
served  in  a  law  action  in  the  circuit  court,  the  production  within 
this  state,  at  such  time  and  place  as  it  may  designate,  any  books, 
papers  or  accoiuits  relating  to  any  matter  which  is  the  subject  of 
complaint  or  investigation,  kept  by  such  railroad  in  any  office  or 
place  without  the  state,  or  verified  copies  in  lieu  thereof,  if  commis- 

3522  sion  shall  so  order,  in  order  that  an  examination  thereof  shall  be 
made  by  commission  or  under  its  direction,  and  such  subpoena 
may  issue  to  any  sheriff  in  any  county  of  the  state.  Any  common 
carrier  failing  or  refusing  to  comply  with  such  order  or  subpoena 
within  a  reasonable  time  shall  for  each  day  it  shall  so  fail  or  refuse, 
forfeit  and  pay  into  the  state  treasury  a  simi  of  not  less  than  $ioo 
nor  more  than  $i,ooo  to  be  recovered  in  an  action  at  law  brought 
in  the  name  of  commission.     Same  sec.  28(d). 

Commission  may  administer  oaths,  certify  to  all  official  acts 

3523  and  compel  the  attendance  of  witnesses  and  the  production  of 
papers,  books,  accounts,  doomients  and  testimony.  Pub.  Acts 
igiiy  no.  ij8,  sec.  11. 

See  also  pars.  80 j,  32gg. 

MINNESOTA  Commission  in  any  hearing  or  investigation 

may  require  the  attendance  of  witnesses  and  the  production  of 
any  books,  papers  and  records.     Disobedience  of  any  subpoena 

3524  in  such  proceeding,  or  contimiacy  of  a  witness,  may  upon  appli- 
cation of  commission,  be  punished  by  any  district  court  in  the 
same  manner  as  if  the  proceeding  were  pending  in  such  court. 
Rev.  Laws  igoj,  sec.  ig68. 

Commission  may  administer  oaths,  interrogate  witnesses, 
3526  take  testimony  and  require  the  production  of  books  and  papers. 
Laws  igoj,  ch.  255,  sec.  2. 
See  also  par.  g4g. 

MISSISSIPPI  The  several  members  of  commission,  and  the 

secretary  may  in  discharge  of  their  duties  administer  oaths  and 
take  affidavits,  and  commission  and  each  member  thereof  may 
examine  witnesses  under  oath  in  all  matters  coming  before  them, 

3626  and  if  any  person  shall  testify  falsely,  or  make  any  false  affidavit 
or  oath  before  commission,  or  before  any  commissioner,  or  before 
any  officer,  to  any  matter  coming  before  commission,  he  shall  be 

941 


guilty  of  perjury,  and  upon  conviction,  shall  be  punished  accord- 
ing to  law.     Code  igo6,  sec.  48JI. 

In  any  matter  or  inquiry  pending  before  commission  or  any 
member  thereof,  subpoenas  for  witnesses,  and  subpoenas  duces 
tecimi,  may  be  issued  by  the  secretary,  under  seal  or  by  any  mem- 
ber without  the  seal,  and  shall  be  executed  and  returned  by  any 
sheriff,  constable,  or  marshal,  under  like  penalties  of  law  for  failure 
to  execute  and  return  the  process  of  the  circuit  court ;  and  if  any 
person  duly  simimoned  to  appear  and  testify  before  commission, 
or  before  any  one  or  more  of  the  commissioners,  shall  fail  or  re- 
3637  fuse  to  appear  and  testify  or  to  bring  and  produce,  as  commanded 
any  book,  paper,  or  document,  without  a  lawful  excuse,  or  shall 
refuse  to  answer  any  proper  question  propounded  to  him  by  com- 
mission or  any  of  the  commissioners;  or  if  any  person  shall  ob- 
struct commission  or  one  or  more  of  the  commissioners  in  the  dis- 
charge of  duty,  or  shall  conduct  himself  in  a  rude,  disrespectful, 
or  disorderly  manner  before  commission  deliberating  in  the  dis- 
charge of  duty,  such  witness  or  person  shall  be  guilty  of  a  misde- 
meanor, and,  upon  conviction,  shall  be  fined  not  less  than  $50 
nor  more  than  $1,000.     Same,  sec.  48 jy. 

See  also  par.  j82. 

MISSOURI  Upon  complaint  being  made  and  filed  against 

any  railroad  company,  commissioners  shall  have  power  to  admin- 
ister oaths  or  affirmations,  to  send  for  persons  and  papers,  under 
such  regulations  as  they  may  prescribe,  and  shall  at  any  and  all 

3628  times  have  access  to  any  and  all  books  and  papers  in  any  railroad 
office  kept  for  and  used  in  said  railroad  office  by  any  railroad 
company  in  this  state,  and  if  the  charges  are  sustained,  the  cost 
shall  be  paid  by  the  railroad  company  but  if  not  sustained, 
then  the  cost  shall  be  paid  by  the  party  making  the  complaint. 
Rev.  Stats.  190Q,  sec.  3254. 

Commissioners,  in  making  any  examination,  may  issue  sub- 
poenas for  the  purpose  of  obtaining  information  pursuant  to  this 
article  for  the  attendance  of  witnesses,  by  such  rules  as  they  may 
prescribe;  and  in  case  any  person  shall  wilfully  fail  or  refuse  to  obey 

3629  such  subpoena,  it  shall  be  the  duty  of  the  circuit  court  or  any  judge 
thereof  in  any  county,  upon  the  application  of  the  commission- 
ers, to  issue  an  attachment  for  such  witness  and  compel  such  wit- 
ness to  attend  before  commissioners,  and  give  his  testimony  upon 
such  matters  as  shall  be  lawfully  required  by  such  commissioners; 
and  said  court  shall  have  power  to  punish  for  contempt,  as  in 

942 


other  cases  of  refusal  to  obey  the  process  and  order  of  such  court. 
Same,  sec.  3255. 

Any  person  who  shall  wilfully  neglect  or  refuse  to  obey  the 
process  of  subpoena  issued  by  commissioners,  to  appear  and 
testify  as  therein  required,  shall  be  deemed  guilty  of  a  misde- 
meanor, and  shall  be  liable  to  arraignment  and  trial  in  any 
3630  court  having  competent  jurisdiction,  and  on  conviction  thereof 
shall  be  punished  for  such  offense  by  a  fine  of  not  less  than 
$20  nor  more  than  $500  or  by  imprisonment  not  exceeding  30 
days,  or  both,  at  the  discretion  of  the  court  before  which  such 
conviction  shall  be  had.    Same,  sec.  32^6. 

See  also  pars.  383,  811,  Q62,  ^64,  g6j. 

MONTANA  Commissioners    may    administer    oaths    and 

3531  affirmations.     Rev.  Codes  igoy,  sec.  4365. 

Process  issued  by  commission  shall  be  under  seal  and  extend 
to  all  parts  of  the  state.  Commission  may  issue  process  in  like 
manner  as  courts  of  record.  Such  process  may  be  served  by  any 
person  authorized  to  serve  of  courts  of  record,  or  by  any  person 
appointed  by  commission  for  such  purpose.  In  the  event  the 
process  issued  by  commission  is  a  subpoena  for  the  attendance  of  a 
witness,  and  he  shall  have  failed,  neglected  or  refused  to  obey  the 
same,  commission  may  file  a  petition  with  any  district  court  in  the 
state,  setting  up  the  facts  and  the  necessity  of  having  such  wit- 

3632  ness  appear  in  such  trial,  and  the  court  shall  thereupon  summarily 
direct  that  a  subpoena  be  issued  out  of  the  court  requiring  the 
attendance  of  any  person  or  persons  as  a  witness  before  the  court; 
and  commission  may  thereupon  examine  such  witness  before  said 
coiirt,  imder  oath,  respecting  any  inquiry  or  investigation  being 
made  by  commission.  The  court  shall  likewise  when  any  peti- 
tion is  filed  stating  the  necessity  therefor  order  the  production  by 
any  person  or  corporation,  for  examination  in  said  court,  any 
books,  papers,  records  or  files  necessary  or  pertinent  to  any  in- 
quiry or  investigation  then  being  made  by  commission.  Same, 
sec.  4372. 

Commission  in  making  any  examination  or  investigation  pro- 

3633  vided  for  in  this  act,  may  issue  subpoenas  for  the  attendance  of 
witnesses,  by  such  rules  as  they  may  prescribe.    Same,  sec.  4381 

See  also  par.  2g'j. 

NEBRASKA  In  case  any  witness  shall  fail  or  refuse  to  obey 

any  subpoena  issued  by  commission,  or  to  produce  before  com- 
mission such  books,  papers,  documents  or  records  as  shall  have 
been  enumerated  and  required  in  any  subpoena,  or  shall  fail  or 

943 


refuse  when  before  commission  to  give  such  testimony  lawfully 
required  by  them,  or  fail  or  refuse  to  answer  such  questions  as 
may  be  propounded  by  them  and  which  he  would  be  required  to 
answer  if  in  coiirt,  he  shall  be  deemed  guilty  of  a  misdemeanor 

3534  and  upon  conviction  thereof  for  each  offense  shall  be  fined  in  any 
sum  not  exceeding  $5,000.  The  claim  that  any  such  testimony 
may  tend  to  incriminate  the  person  giving  it  shall  not  excuse  such 
witness  from  testifying,  but  such  evidence  or  testimony  shall  not 
be  used  against  such  person  on  the  trial  of  any  criminal  proceed- 
ings. The  sheriff  or  constable  executing  any  process  under  the 
provisions  of  this  act  shall  receive  such  compensation  as  is  pro- 
vided by  law  for  performing  similar  services.  Cohhey^s  Annot. 
Stats,  igog,  sec.  io6^o{k). 

See  also  pars.  432,  828,  3300. 

NEVADA  Each  commissioner  may  administer  oaths,  cer- 

tify to  official  acts,  issue  subpoenas,  compel  attendance  of  wit- 
nesses and  the  production  of  papers,  way  bills,  books,  accounts, 
documents,  and  testimony.  In  case  of  disobedience  on  part  of 
any  person  or  persons  to  comply  with  any  order  of  commission 
or  any  commissioner  or  any  subpoena,  or  on  the  refusal  of  any 

3535  witness  to  testify  to  any  matter  regarding  which  he  may  be  law- 
fully interrogated,  it  shall  be  the  duty  of  the  district  court  of  any 
county,  or  a  judge  thereof,  on  application  of  a  commissioner,  to 
compel  obedience  by  attachment  proceedings  for  contempt,  as  in 
the  case  of  disobedience  of  requirements  of  a  subpoena  issued  from 
such  court,  or  a  refusal  to  testify  therein.  Stats,  igoy,  ch.  44,  sec. 
13,  as  amended  by  Stats,  igog,  ch.  121,  sec.  6. 

Commission  may  require  by  order  or  subpoena,  and  to  be 
served  on  any  railroad,  in  the  same  manner  that  summons  is  served 
in  a  civil  action  in  a  district  court,  the  production  within  this  state, 
at  such  time  and  place  as  it  may  designate,  of  any  books,  papers, 
or  accounts  relating  to  any  matter  which  is  the  subject  of  complaint 
or  investigation  kept  by  said  railroad  in  any  office  or  place  without- 
the  state,  or  verified  copies  in  lieu  thereof,  if  commission  shall  so 

3536  order,  in  order  that  an  examination  thereof  may  be  made  by  com- 
mission or  imder  its  direction,  and  such  subpoena  may  issue  to  any 
sheriff  in  any  county  of  the  state.  Any  railroad  failing  or  refus- 
ing to  comply  with  any  such  order  or  subpoena  within  a  reasonable 
time  shall,  for  each  day  it  shall  so  fail  or  refuse,  forfeit  and  pay  into 
the  state  treasury  a  sum  of  not  less  than  $100  nor  more  than  $1 ,000 
to  be  recovered  in  a  civil  action  brought  in  the  name  of  com- 
mission.    Same,  sec.  18(c). 

944 


Commission  may  require,  by  order  to  be  served  on  any  public 
utility  in  the  same  manner  as  a  stimmons  in  a  civil  action,  the 
production  at  such  time  and  place  as  commission  may  designate 
of  any  books,  accounts,  papers  or  records  kept  by  such  public 
utility  in  any  office  or  place  without  the  state  or  verified  copies 
3637  in  lieu  thereof,  if  commission  shall  so  direct,  in  order  that  an 
examination  thereof  niay  be  made  by  commission  or  under  its 
direction,  or  for  use  as  testimony.  If  any  public  utility  shall 
refuse  or  fail  to  comply  with  such  order,  said  utility  shall  be 
subject  to  the  liability  named  in  section  eight.  Stats,  igii,  ch. 
162,  sec,  15. 

NEW  HAMPSHIRE  Commission  may  subpoena  witnesses  and  ad- 
minister oaths  to  witnesses  in  any  proceeding  or  examination 
instituted  before  it  or  conducted  by  it,  and  compel  by  subpoena 
duces  teomi  the  production  of  any  accounts,  books,  contracts, 
records,  documents,  memoranda  and  papers  of  any  kind  what- 
ever. In  lieu  of  requiring  production  of  originals  by  subpoena 
duces  tecum  it  may  require  sworn  copies  of  any  such  books, 
records,  contracts,  documents  and  papers  or  parts  thereof  to  be 
filed  with  it.  Commission  may  also  require  any  railroad  cor- 
poration or  public  utility  to  make  specific  answers  to  questions 
upon  which  commission  may  need  information.  Witnesses  who 
refuse  or  neglect  to  appear,  or  who  refuse  to  testify,  may  be 
compelled  to  do  so,  and  for  that  purpose  commission  may  apply 

S688  to  any  justice  of  the  superior  court,  upon  proof  by  affidavit  of 
the  facts,  for  an  order  returnable  in  not  more  than  five  days, 
directing  any  person  so  refusing  to  show  cause  before  the  justice 
making  the  order  or  any  other  justice  of  the  superior  court  why 
he  should  not  be  committed  as  for  contempt;  upon  the  return  of 
such  order,  the  justice  before  whom  the  matter  shall  come  for 
hearing  shall  examine  under  oath  such  person  whose  testimony 
may  be  relevant,  and  such  person  shall  be  given  an  opportunity 
to  be  heard;  and  if  the  justice  shall  determine  that  such  person 
has  refused  without  reasonable  cause  or  legal  excuse  to  be  ex- 
amined or  to  answer  a  legal  and  pertinent  question,  or  to  produce 
a  book  or  paper  which  he  was  ordered  to  bring,  he  may  forthwith 
commit  the  offender  as  for  contempt,  so  to  remain  until  he 
submits  to  do  the  act  which  he  was  so  required  to  do  or  is  dis- 
charged according  to  law.     Laws  igii,  ch.  164,  sec.  2{T). 

iW  JERSEY  Commission  may  compel  the  attendance  of 

witnesses  and  the  production  of  tariffs,  contracts,  papers,  books, 

945 


accounts  and  all  other  dociinients,  and  any  member  of  com- 

3639  mission  may  administer  oaths  to  all  witnesses  who  may  be  called 
before  commission  or  any  member  thereof.  Subpoenas  issued  by 
commission  shall  be  signed  by  one  of  the  members  thereof  and  by 
the  secretary,  and  may  be  served  by  any  person  of  full  age. 
Laws  igii,  ch.  ig^,  sec.  27. 

If  a  person  subpoenaed  to  attend  before  commission,  or  a 
member  thereof,  fails  to  obey  the  command  of  such  subpoena 
without  reasonable  cause,  or  if  a  person  in  attendance  before 
commission  or  a  member  thereof,  refuses,  without  lawful  cause, 
to  be  examined  or  to  answer  a  legal  or  pertinent  question,  or  to 
produce  a  book  or  paper,  when  ordered  so  to  do,  by  commission 
or  any  member  thereof  commission  or  such  member  thereof  may 
apply  to  the  supreme  court  of  any  justice  thereof,  who  shall  have 
the  power  of  the  court  for  that  purpose,  upon  proof,  by  affidavit 
of  the  facts,  for  an  order  returnable  in  not  less  than  two  nor 
more  than  ten  days,  directing  such  person  to  show  cause  before 
the  court,  or  the  justice  thereof  who  made  the  order,  or  to  any 

3640  other  justice,  why  he  should  not  comply  with  the  subpoena  or 
order  of  commission;  upon  the  return  of  such  order  the  court  or 
justice  before  whom  the  matter  shall  come  on  for  hearing,  shall 
examine  under  oath  such  person  whose  testimony  may  be  rele- 
vant, and  such  person  shall  be  given  an  opportunity  to  be  heard, 
and  if  the  court  or  justice  shall  determine  that  such  person  re- 
fused without  legal  excuse  to  obey  the  command  of  such  sub- 
poena, or  to  be  examined,  or  to  answer  a  legal  or  pertinent  ques- 
tion, or  to  produce  a  book  or  a  paper  which  he  was  ordered  to 
produce,  said  court  or  justice  may  order  said  person  to  comply 
forthwith  with  the  subpoena  or  order  of  commission,  and  any  fail- 
ure to  obey  such  order  of  the  court  or  justice  may  be  punished 
by  said  court  or  justice  as  a  contempt  of  said  supreme  court.  Same. 

NEW  MEXICO  Each  commissioner  or  the  clerk  may  administer 

3641  oaths.     Laws  ipi2,  ch.  y8,  sec.  4. 

Commission  or  any  examiner  authorized  by  it  to  take  testi- 
mony, upon  application  of  either  party,  or  of  its  own  or  such  ex- 
aminer's motion  may  issue  process  under  the  seal  of  commission, 
compel  the  attendance  of  witnesses  to  testify  and  the  production 
of  books,  papers,  tariffs,  files  and  documents  relating  to  any  mat- 
ter tmder  investigation.  Subpoenas  for  the  production  of  any 
books,  tariffs,  files  and  documents  shall  specify  the  particular 
books,  papers,  tariffs,  files  or  documents  relating  to  the  matter 
in  controversy  which  the  witness  is  required  to  produce.     In  case 

946 


of  disobedience  to  a  subpoena  commission  or  any  party  to  a  pro- 
ceeding before  it  may  invoke  the  aid  of  any  court  in  the  state  in 

3542  compelling  the  attendance  and  testimony  of  such  witness,  and  the 
production  of  such  books,  papers,  tariffs,  files  and  docimients  any 
such  coiut  may,  in  case  of  contimiacy  or  refusal  to  obey  the  sub- 
poena issued  by  commission  or  such  examiner,  issue  an  order  re- 
quiring the  appearance  and  attendance  of  such  witness  and  the 
production  of  such  books,  papers,  tariffs,  files  and  documents, 
and  any  failure  or  refusal  to  obey  such  order  may  be  punished 
by  such  court  as  a  contempt  thereof.  The  claim  that  the  giving 
of  any  such  testimony  or  evidence  might  tend  to  incriminate 
the  witness  shall  not  excuse  such  evidence,  but  such  testimony 
or  evidence  shall  not  be  used  in  any  criminal  proceeding  against 
him  except  for  perjury.     Same,  sec.  6.  ^ 

Commission  or  any  commissioner  or  person  authorized  by 
commission  in  writing,  imder  its  seal  to  make  such  examination, 

3543  may  at  all  times  inspect  the  books,  papers  and  records  of  all  such 
companies  and  common  carriers  doing  business  in  this  state  re- 
lating to  any  matter  pending  before,  or  being  investigated  by 
commission.     Same,  sec.  g. 

Any  officer,  agent  or  employe  of  any  such  company  or  cor- 
poration, or  any  person  in  charge  of  such  books,  papers  and  rec- 
ords, who  shall  refuse  to  permit  such  examination,  or  who  shall 
conceal,  destroy  or  mutilate,  or  attempt  to  conceal,  destroy  or 

3544  mutilate  any  such  books,  papers  or  records,  or  remove  the  same 
beyond  the  limits  of  the  state  for  the  purpose  of  preventing  such 
examination  shall  be  deemed  guilty  of  a  misdemeanor  and  upon 
conviction  thereof  may  be  fined  not  to  exceed  $500  or  imprisoned 
in  the  county  jail  not  more  than  six  months.     Same. 

See  also  par.  2882. 

NEW  YORK  All  subpoenas  shall  be  signed  and  issued  by  a 

3646  commissioner  or  by  the  secretary  of  a  commission  and  may  be 

served  by  any  person  of  full  age.     Laws  igio,  ch.  480,  sec.  19(1). 

3646  Also   a  provision   substantially  identical   with  par.  3515. 

Same,  sec.  19(2). 

If  a  person  in  attendance  before  a  commission  or  a  commis- 
sioner refuses  without  reasonable  cause  to  be  examined  or  to 
answer  a  legal  and  pertinent  question  or  produce  a  book  or 
paper,  when  ordered  so  to  do  by  a  commission  or  a  commissioner, 
commission  may  apply  to  any  justice  of  the  supreme  cotirt  upon 

>  Commission  shall  have  power  to  subpoena  witnesses  and  enforce  their  attendance  before 
the  commission,  through  any  district  court  or  the  supreme  court  of  the  state,  and  through 
such  court  to  punish  for  contempt.    Const.,  art.  xi,  sec.  7- 

947 


proof  by  affidavit  of  the  facts  for  an  order  returnable  in  not  less 
than  two  nor  more  than  five  days  directing  such  person  to  show 
cause  before  the  justice  who  made  the  order,  or  any  other  justice 
of  the  supreme  court,  why  he  should  not  be  committed  to  jail; 
3647  upon  the  return  of  such  order  the  justice  before  whom  the  matter 
shall  come  on  for  hearing  shall  examine  under  oath  such  person 
whose  testimony  may  be  relevant,  and  such  person  shall  be  given 
an  opportunity  to  be  heard;  and  if  the  justice  shall  determine 
that  such  person  has  refused  without  reasonable  cause  or  legal 
excuse  to  be  examined,  or  to  answer  a  legal  and  pertinent  ques- 
tion, or  to  produce  a  book  or  paper  which  he  was  ordered  to  bring, 
he  may  forthwith,  by  warrant,  commit  the  offender  to  jail,  there 
to  remain  imtil  he  submits  to  do  the  act  which  he  was  so  required 
to  do  or  is  discharged  according  to  law.     Same. 

3548  Also  provisions  substantially  identical  with  par.  3517.  SamCy 
sees.  45{i),  94(1). 

Each  commission  may  within  its  jurisdiction  compel,  by  sub- 
poena duces  teorni,  the  production  of  any  accotmts,  books,  con- 
tracts, records,  docimients,  memoranda  and  papers.  In  lieu  of 
requiring  production  of  originals  by  subpoena  duces  tecum  com- 

3549  mission  or  any  commissioner  may  require  sworn  copies  of  any 
such  books,  records,  contracts,  documents  and  papers  or  parts 
thereof,  to  be  filed  with  it.  Commission  may  require  of  all  such 
corporations,  persons  or  mimicipalities,  specific  answers  to  ques- 
tions upon  which  commission  may  need  information.  Same, 
sec.  66{io). 

3650  Also  a  provision  substantially  identical  with  par.    3518. 

Same,  sec.  66{ii). 

See  also  pars.  175,  434,  435,  3300,  3761. 


NORTH  CAROLINA  Commissioners  may  examine  all  officers,  ageni 
and  employes  of  such  companies,  individuals,  firms  or  corpora*] 
tions,  and  all  other  persons  under  oath  or  otherwise,  and  comj 

8661  the  production  of  papers  and  the  attendance  of  witnesses 
obtain  the  information  necessary  for  carrying  into  effect  and  other- 
wise enforcing  the  provisions  of  this  chapter.     PelVs  Revisal  igoSi 
sec.  1064. 

Commission  may  compel  the  attendance  of  witnesses, 

3662  quire  the  examination  of  persons  and  parties,  and  compel  th< 

production  of  books  and  papers,  and  punish  for  contempt,  as  by 

law  conferred  upon  the  superior  courts.     Same,  sec.  1067. 

See  also  par.  3764, 

948 


NORTH  DAKOTA  Commissioners  may  require  the  attendance 
and  testimony  of  witnesses  and  the  production  of  books,  papers 
tariffs,  schedules,  contracts,  agreements  and  documents  relating 
to  any  matter  under  investigation-,  and  to  that  end  may  invoke 

3653  the  aid  of  any  court  of  competent  jurisdiction  in  this  state  in 
requiring  the  attendance  and  testimony  of  witnesses  and  the 
production  of  books,  papers  and  documents  under  the  provisions 
of  this  section.     Rev.  Codes  igoj,  sec.  4353. 

Any  court  of  this  state  within  the  jurisdiction  of  which  such 
inquiry  is  carried  on,  shall  in  case  of  contumacy,  or  refusal  to 
obey  a  subpoena,  or  other  process  issued  to  any  railroad,  rail- 
road corporation  or  common  carrier  or  person  subject  to  the 
provisions  of  this  article,  or  other  persons,  issue  an  order  re- 
quiring such  railroad,  railroad  corporation,  common  carrier  or 
other  person  to  appear  before  commissioners  (and  produce  books 

3564  and  papers  if  so  ordered),  and  give  evidence  touching  or  in  re- 
lation to  the  matter  in  question;  and  any  failure  to  obey  such 
order  of  the  court  shall  be  punished  by  such  court  as  a  con- 
tempt thereof;  the  claim  that  any  such  testimony  or  evidence 
may  tend  to  criminate  the  person  giving  such  evidence  shall  not 
excuse  such  person  or  witness  from  testifying;  but  such  evidence 
or  testimony  shall  not  be  used  against  such  person  on  the  trial  of 
any  criminal  proceeding.     Same,  sec.  4354. 

3666  Every  commissioner  may  administer  oaths  and  affirmations 

in  any  proceeding  pending  before  commission.     Same,  sec.  4362. 

OHIO  Each  of  the  commissioners  may  administer 

3656  oaths,  certify  to  official  acts,  issue  subpoenas,  compel  the  at- 
tendance of  witnesses,  and  the  production  of  papers,  books, 
accounts,  documents  and  testimony.     Code  igio,  sec.  530. 

If  a  person  disobeys  an  order  of  commission  or  a  commis- 
sioner, or  a  subpoena,  or  if  a  witness  refuses  to  testify  to  any 
matter  regarding  which  he  may  be  lawfully  interrogated,  on 
application  of  a  commissioner,  the  court  of  common  pleas  of  a 
county  or  a  judge  thereof  shall  compel  obedience  by  attachment 

3657  proceedings  for  contempt,  as  in  the  case  of  disobedience  of  the 
requirements  of  a  subpoena  issued  from  such  court,  or  a  refusal 
to  testify  therein.  Commission  also  shall  have  the  powers 
vested  in  justices  of  the  peace  or  notaries  public  to  compel  wit- 
nesses to  testify  and  to  produce  books  and  papers.  Same, 
sec.  531. 

By  order  or  subpoena,  served  on  a  railroad  as  a  summons  is 

949 


served  in  a  civil  action  in  the  court  of  common  pleas,  commission 
may  require  at  such  time  and  place  within  this  state  as  it  desig- 
nates the  production  of  books,  papers  or  accounts  relating  to  any 

3558  matter  which  is  the  subject  of  complaint  or  investigation,  kept 
by  such  railroad  in  any  office  or  place  outside  of  this  state,  or 
verified  copies  thereof,  in  order  that  an  examination  of  such  books, 
papers  or  accounts  may  be  made  by  commission  or  under  its 
direction.  Such  subpoena  may  issue  to  a  sheriff  of  any  county^ 
of  the  state.     Same,  sec.  ^jg. 

A  railroad  failing  or  refusing  to  comply  within  a  reasonable 
time  with  such  order  or  subpoena  from  commission  shall  forfeit 

3559  and  pay  into  the  state  treasury  for  each  day  it  so  fails  or  refuses, 
not  less  than  $ioo  nor  more  than  $i,ooo,  to  be  recovered  in  a 
civil  action  in  the  name  of  commission.     Same,  sec.  560. 

Whoever  being  an  officer,  agent  or  employe  of  a  railroad 
company  refuses  to  answer  a  question  propounded  to  htm  by  a 
member  of  commission  in  the  course  of  an  examination  authorized.; 

3560  by  this  chapter  shall  be  fined  not  less  than  $50  nor  more  than 
$500.  The  property  of  the  railroad  company  of  which  he  is  an 
officer,  agent  or  employe  shall  be  liable  to  be  taken  in  execution  [ 
to  satisfy  the  fines  and  costs  in  such  cases.     Same,  sec.  6og. 

See  also  pars.  4jg,  440,  3300. 


OKLAHOMA  In  all  matters  pertaining  to  the  public  visita-; 

tion,  regiilation,  or  control  of  corporations,  and  within  the  juris-j 
diction  of  commission,  it  shall  have  the  powers  and  authority  oi 
a  court  of  record,  to  administer  oaths,  to  compel  the  attendanc 
of  witnesses,  and  the  production  of  papers,  to  punish  for  con| 
tempt  any  person  guilty  of  disrespectful  or  disorderly  conduct  ii 
the  presence  of  commission  while  in  session,  and  to  enforce  com| 
pliance  with  any  of  its  lawful  orders  or  requirements  by  ad| 

3561  judging  and  by  enforcing  its  own  appropriate  process  against  th< 
delinquent  or  offending  party  or  company  (after  it  shall  have 
been  duly  cited,  proceeded  against  by  due  process  of  law  befoi 
commission  sitting  as  a  court,  and  afforded  opportunity  to  in<j 
troduce  evidence  and  to  be  heard,  as  well  as  against  the  validity 
justness  or  reasonableness  of  the  order  or  requirement  alleged 
have  been  violated,  as  against  the  liability  of  the  company  fo^ 
the  alleged  violation),  such  fines  or  other  penalties  as  may 
prescribed  or  authorized  by  this  constitution  or  by  law.  ConsU\ 
art.  ix,  sec.  ig. 

See  also  par.  844. 

950 


OREGON  Each  of  the  commissioners  may  administer 

oaths,  certify  to  official  acts,  issue  subpoenas,  compel  the  at- 
tendance of  witnesses,  and  the  production  of  papers,  tariffs, 
way  bills,  contracts,  books,  accounts,  documents  and  testimony. 
In  case  of  disobedience  on  the*part  of  any  person  or  persons  to 
comply  with  the  order  of  commission  or  of  any  commissioner  or 
any  subpoena,  or  in  the  refusal  of  any  witness  to  testify  to  any 
matter  regarding  which  he  may  be  lawfully  interrogated,  it 
shall  be  the  duty  of  the  circuit  court  of  any  county,  or  the  judge 
thereof,  on  application  of  a  commissioner,  to  compel  obedience 

3562  by  attachment  proceedings  for  contempt,  as  in  the  case  of  dis- 
obedience of  the  requirements  of  a  subpoena  issued  from  such 
court  or  a  refusal  to  testify  therein.  Any  person  who  shall 
neglect  or  refuse  to  attend  and  testify  or  to  answer  any  lawful 
inquiry,  or  to  produce  books,  papers,  tariffs,  way  bills,  con- 
tracts, books,  accoimts  and  dociiments,  if  in  his  power  to  do  so, 
in  obedience  to  the  subpoena  or  lawful  requirement  of  commis- 
sion, shall  be  guilty  of  a  misdemeanor  and  upon  conviction 
thereof  by  a  court  of  competent  jurisdiction  shall  be  punished 
by  a  fine  of  not  less  than  $ioo  nor  more  than  $i,ooo,  or  by  im- 
prisonment in  the  county  jail  for  not  more  than  one  year,  or  by 
both  such  fine  and  imprisonment.  Gen.  Laws  igoy,  ch.  53,  sec.  zg. 
Commission  may  require,  by  order  or  subpoena,  to  be  served 
on  any  railroad  (public  utility)  in  the  same  manner  that  a  sum- 
mons is  served  in  a  civil  action  in  the  circuit  court,  the  production 
within  this  state,  at  such  time  and  place  as  it  may  designate,  of 
any  books,  papers,  or  accoimts  kept  by  said  railroad  (public 
utility)  in  any  office  or  place  without  the  state,  or  verified 
;  3563  copies  in  lieu  thereof,  if  the  commission  shall  so  order,  in  order 
that  an  examination  thereof  may  be  made  by  commission,  or 
under  its  direction;  any  railroad  (pubHc  utiHty)  failing  or  re- 
fusing to  comply  with  any  such  order  or  subpoena  shall  for  each 
day  it  shall  so  fail  or  refuse,  forfeit  and  pay  into  the  state  treasury 
a  sum  of  not  less  than  $100  nor  more  than  $1,000.^  Gen.  Laws 
igoy,  ch.  55,  sec.  42.   Gen.  Laws  igii,  ch.  2yg,  sec.  jy. 

Each  of  the  commissioners,  and  every  examiner  or  agent 
may  administer  oaths,  certify  to  official  acts,  issue  notices  in  the 
name  of  commission,  issue  subpoenas  under  his  hand,  compel 

I -we*  the  attendance  of  witnesses  and  the  production  of  books,  ac- 
counts, papers,  records,  docimients  and  testimony,  and  take  and 


1  The  penalty  in  the  public  utility  act  reads  "a  sum  of  not  less  than  $50  nor  more  than 
Isoo." 


upon  complaint  or  upon  commission's  own  motion.     Gen.  Laws 
iQii,  ch.  2yg,  sec.  47. 

In  case  of  disobedience  on  the  part  of  any  person  or  persons 
to  comply  with  any  order  of  commission  or  any  commissioner, 
examiner  or  agent  or  any  subpoena,  or,  on  the  refusal  of  any 
witness  to  testify  to  any  matter  regarding  which  he  may  be  law- 
fully interrogated  before  commission,  any  commissioner,  ex- 
aminer or  agent  authorized  as  provided  in  section  39,  it  shall  be 
the  duty  of  the  circuit  court  of  any  county  or  the  judge  thereof, 
upon  application  of  commission,  or  any  commissioner  to  compel 
obedience  by  attachment  proceedings  for  contempt  as  in  the 

3565  case  of  disobedience  of  the  requirements  of  a  subpoena  issued 
from  such  court  or  a  refusal  to  testify  therein.  Any  person  who 
shall  neglect  or  refuse  to  attend  and  testify,  or  to  answer  any 
lawful  inquiry,  or  to  produce  books,  papers,  tariffs,  way  bills, 
contracts,  accounts,  and  documents,  if  in  his  power  to  do  so,  in 
obedience  to  the  subpoena  or  lawful  requirement  of  commission, 
shall  be  guilty  of  a  misdemeanor,  and  upon  conviction  thereof  by 
a  covirt  of  competent  jurisdiction  shall  be  punished  by  a  fine  of 
not  less  than  $100  nor  more  than  $1,000,  or  by  imprisonment  in 
the  county  jail  for  not  more  than  one  year,  or  by  both  such  fine 
and  imprisonment.     Same. 

See  also  par.  4g8. 

PENNSYLVANIA         Commission  may  administer  oaths  in  all  mat- 

3566  ters  in  relation  to  its  duties  so  far  as  necessary  to  enable  it  to 
discharge  such  duties.     Laws  igoy,  no.  2  jo,  sec.  7. 

In  all  proceedings  before  commission,  under  a  complaint 

3667  duly  filed,  commission  may  require,  by  subpoena,  the  attendance 
and  the  testimony  of  the  witnesses,  and  the  production  of  all 
books,  papers,  tariffs,  contracts,  agreements  and  doctmients  re- 
lating to  any  matter  embraced  within  said  complaint.  Same, 
sec.  10. 

In  case  of  disobedience  to  a  subpoena,  commission,  or  any 
party  to  a  proceeding  before  commission,  may  invoke  the  aid  of 

3668  a  court  of  common  pleas,  within  whose  jurisdiction  the  com- 
plaint is  carried  on,  in  requiring  the  attendance  and  testimony  of 
witnesses,  and  the  production  of  books,  papers  and  documents, 
imder  the  provisions  of  this  section.     Same. 

See  also  pars.  175;  3772. 

RHODE  ISLAND  Commission  and  each  of  the  commissioners 
may  administer  oaths,  svimmon  and  examine  witnesses  and  order 

952 


i 


the  production  and  examination  of  books,  accounts,  papers, 
records  and  documents  in  any  proceeding  within  the  jurisdic- 
tion of  commission.  All  subpoenas,  and  orders  for  the  pro- 
duction of  books,  accounts,  papers,  records  and  documents  shall 
be  signed  and  issued  by  a  commissioner  and  served  as  sub- 
poenas in  civil  cases  in  the  superior  court  are  now  served,  and 
witnesses  so  subpoenaed  shall  be  entitled  to  the  same  fees  for 
attendance  and  travel  as  now  provided  for  witnesses  in  civil 
cases  in  the  superior  court.  If  the  person  subpoenaed  to  at- 
tend before  commission  or  before  a  commissioner  fails  to  obey 
the  command  of  such  subpoena  without  reasonable  cause,  or  if 
a  person  in  attendance  before  commission  or  a  commissioner 
shall,  without  reasonable  cause,  refuse  to  be  sworn,  or  to  be 
examined,  or  to  answer  a  legal  and  pertinent  question,  or  if 
any  person  shall  refuse  to  produce  the  books,  accounts,  papers, 
3569  records  and  documents  material  to  the  issue,  set  forth  in  an  order 
duly  served  on  him,  commission  or  commissioner  may  apply  to 
any  justice  of  the  superior  court  for  any  county,  upon  proof  by 
affidavit  of  the  fact,  for  a  rule  or  order  returnable  in  not  less  than 
two  nor  more  than  five  days,  directing  such  person  to  show  cause 
before  the  justice  who  made  the  order  or  any  other  justice  afore- 
said, why  he  should  not  be  adjudged  in  contempt.  Upon  the 
return  of  such  order  the  justice  before  whom  the  matter  is 
brought  on  for  a  hearing  shall  examine  under  oath  such  person, 
and  such  person  shall  be  given  an  opporttmity  to  be  heard,  and 
if  the  justice  shall  determine  that  such  person  has  refused  without 
reasonable  cause  or  legal  excuse  to  be  examined  or  to  answer  a 
legal  and  pertinent  question,  or  to  produce  books,  accotmts, 
papers,  records  and  documents,  material  to  the  issue,  which  he 
was  ordered  to  bring  or  produce  he  may  forthwith  commit  the 
offender  to  jail,  there  to  remain  imtil  he  submits  to  do  the  act 
which  he  was  so  required  to  do,  or  is  discharged  according  to 
law.  Acts  IQI2,  ch.  yg^,  sec.  ij. 
See  also  pars.  775,  102^. 

JOUTH  CAROLINA  Commissioners  in  making  any  examination 
for  the  purpose  of  obtaining  information  may  issue  subpoenas  for 
the  attendance  of  witnesses  by  such  rules  as  they  may  prescribe. 
In  case  any  person  shall  wilfully  fail  or  refuse  to  obey  such  sub- 
poena, it  shall  be  the  duty  of  any  circuit  judge  of  the  court  of 
ro  common  pleas  and  general  sessions  of  any  county,  upon  appli- 
cation of  commissioners,  to  issue  an  attachment  for  such  witness 
and  compel  him  to  attend  before  commissioners  and  give  his 

953 


testimony  upon  such  matters  as  shall  be  lawfully  required  by 
commissioners;  and  said  circuit  judge  shall  have  power  to  punish 
for  contempt  as  in  other  cases  of  refusal  to  obey  the  process  or 
order  of  the  court.     Gen.  Stats.  igo2,  sec.  2077. 
See  also  par.  848. 

SOUTH  DAKOTA  Commission  and  each  of  its  members  may  issue 
subpoenas  and  require  the  attendance  and  testimony  of  witnesses 
and  the  production  of  all  books,  papers,  tariffs,  schedules,  con- 
tracts, agreements  and  documents  relating  to  any  matter  under 
investigation,  and  to  that  end  may  invoke  the  aid  of  any  court 
of  this  state  in  requiring  the  attendance  and  testimony  of  wit- 
nesses and  the  production  of  books,  papers  and  documents  under 
the  provisions  of  this  section.  Such  attendance  of  witnesses 
and  the  production  of  such  doctiments,  books,  and  papers  may 
be  required  from  any  place  in  the  state  at  any  designated  place 

3571  of  hearing.  And  any  court  of  this  state  within  the  jurisdiction 
of  which  such  inquiry  is  carried  on  shall,  in  case  of  contumacy  or 
refusal  to  obey  a  subpoena  or  either  process  issued  by  commission 
or  any  member  thereof  to  any  common  carrier  or  person  subject 
to  the  provisions  of  this  article,  or  other  person,  issue  an  order  re- 
quiring such  common  carrier  or  other  person  to  appear  before 
commission  and  produce  all  books,  and  papers,  if  so  ordered,  and 
give  evidence  touching  or  in  relation  to  the  matter  in  question; 
and  any  failure  to  obey  such  order  of  the  court  shall  be  punished^ 
by  such  court  as  a  contempt  thereof.   Sess.  Laws  igii,  ch.  2oy,  sec\ 

15- 

Commission  or  any  member  thereof  may  subpoena  witnt 
administer  oaths,  take  testimony  and  require  the  production  anc 
3672  examination  of  all  books,  papers,  contracts  and  agreements 
any  telephone  company  or  other  person  relating  in  any  manne 
to  the  business  or  property  of  any  telephone  company.  Ses^ 
Laws  iQiiy  ch.  218,  sec.  7. 

See  also  pars.  2jo,  401,  447. 


TENNESSEE  Commission  may  examine  imder  oath,  any  pc 

son,  or  the  directors,  officers,  agents  and  employes  of  any  railro£ 
corporation  concerning  the  management  of  its  affairs  and  obtai 
information  pursuant  to  this  law;  and  may  issue  subpoenas  for 
attendance  of  witnesses,  compel  the  production  of  books  anc 
papers,  and  administer  oaths,  and  any  person  who  shall  negk 

8673  or  refuse  to  obey  the  process  of  subpoenas  issued  by  coi 
sioners,  or  who,  being  in  attendance,  shall  refuse  to  testify, 

954 


be  deemed  guilty  of  a  misdemeanor,  and  upon  conviction  thereof, 
shall  be  pimished  for  each  offense  by  a  fine  of  not  less  than  $50 
nor  more  than  $100  or  by  imprisonment  not  less  than  10  days 
nor  more  than  50  days,  or  both,  in  the  discretion  of  the  jury 
trying  the  case.  Each  refusal  to  obey  the  subpoenas  or  to  testify 
shall  constitute  a  separate  offense.     Acts  iSgy,  ch.  10,  sec.  g. 

Commission  in  making  any  examination  or  investigation 

3574  provided  for  in  this  act,  may  issue  subpoenas  for  the  attendance 

of  witnesses  by  such  rules  as  they  may  prescribe.     Same,  sec.  10. 

In  case  any  witness  shall  fail  or  refuse  to  obey  such  sub- 
poena, commission  may  issue  an  attachment  for  said  witness, 
directed  to  any  sheriff  or  constable  of  the  state,  and  compel  him 
to  attend  before  commission  and  give  his  testimony  upon  such 
matters  as  shall  be  lawfully  required  by  them.  If  a  witness, 
after  being  duly  simimoned,  shall  fail  or  refuse  to  attend,  or  to 
answer  any  question  propounded  to  him,  and  which  he  would  be 
required  to  answer  if  in  court,  commission  shall  have  power  to 
fine  and  imprison  such  witness  for  contempt  in  the  same  manner 
that  the  judge  of  any  court  of  competent  jurisdiction  might  do 
under  similar  circumstances.     Same. 

The  sheriff  or  constable  executing  any  process  issued  under 
the  provisions  of  this  section,  or  under  any  other  provisions  of 
176  this  bill,  shall  receive  such  compensation  as  may  be  allowed  by 
commission,  not  to  exceed  fees  as  now  prescribed  by  law  for  simi- 
lar services.     Same. 

TEXAS  The  chairman  and  each  commissioner  may 

administer  all  oaths,  certify  to  all  official  acts,  and  compel  the 

3577  attendance  of  witnesses  and  the  production  of  papers,  way  bills, 
books,  accounts,  documents  and  testimony,  and  punish  for  con- 
tempt as  fully  as  is  provided  by  law  for  the  district  or  county 
court.     Sayles^  Civ.  Slats.  iSgy,  art.  4^63(2). 

Commission,  in  making  any  examination  or  investigation, 
may  issue  subpoenas  for  the  attendance  of  witnesses  by  such 
rules  as  it  may  prescribe.  In  case  any  witness  shall  fail  or  refuse 
to  obey  such  subpoena,  commission  may  issue  an  attachment  for 
said  witness,  directed  to  any  sheriff  or  any  constable  of  the 
state,  and  compel  him  to  attend  before  commission  and  give  his 
testimony  upon  such  matters  as  shall  be  lawfully  required  by  it. 
If  a  witness,  after  being  duly  summoned,  shall  fail  or  refuse  to 
attend  or  to  answer  any  question  propounded  to  him,  and  which 
he  would  be  required  to  answer  if  in  court,  commission  may  fine 
and  imprison  such  witness  for  contempt,  in  the  same  manner 

955 


m 


3578  that  a  judge  of  the  district  court  might  do  under  similar  cir- 
cumstances. The  claim  that  any  such  testimony  may  tend  to 
criminate  the  person  giving  it  shall  not  excuse  such  witness  from 
testifying,  but  such  evidence  or  testimony  shall  not  be  used 
against  such  person  on  the  trial  of  any  criminal  proceeding;  pro- 
vided, commission  may  in  all  cases  in  its  discretion  issue  proper 
process  and  take  depositions  instead  of  compelling  personal 
attendance  of  witnesses.  The  sheriff  or  constable  executing 
any  process  issued  under  the  provisions  of  this  article,  or  under 
any  other  provisions  of  this  chapter,  shall  receive  such  compen- 
sation as  may  be  allowed  by  commission,  not  to  exceed  fees  as 
now  prescribed  by  law  for  similar  services.     Same,  art.  4572. 

See  also  par.  82Q. 

VERMONT  Commission  may,  so  far  as  is  necessary  for  the 

performance  of  its  duties,  examine  the  books,  accounts  and 
papers  of  any  person  or  corporation  operating  a  railroad  within 
this  state,  subpoena  witnesses,  administer  oaths  to  them,  examine 
them  on  all  matters  of  which  commission  has  jurisdiction,  and 
compel,  by  proceedings  for  contempt,  such  witnesses  to  attend 
the  sessions  of  commission  and  to  answer  any  proper  questions, 

3579  to  produce  and  exhibit  to  commission  the  books,  accounts  or 
papers  of  any  person  or  corporation  operating  a  railroad  within 
this  state,  or  of  any  other  person,  when  their  examination  is 
pertinent  to  the  matters  under  consideration.  Witnesses  duly 
subpoenaed  who  refuse  or  neglect  to  appear,  or  who  refuse  to 
testify,  shall  be  subject  to  the  provisions  and  penalties  of  the 
statute  applicable  to  witnesses  who  neglect  or  refuse  to  obey 
subpoenas  to  appear  and  testify  before  courts  at  law  and  in 
equity.     Pub.  Stats.  igo6,  sec.  460J. 

Commission  may  subpoena  witnesses,  administer  oaths  to 
them  and  examine  them  on  all  matters  of  which  commission  has 
jurisdiction,  and  compel,  by  proceedings  for  contempt,  such 
witnesses  to  attend  the  sessions  of  commission,  and  to  answer 
any  proper  questions,  to  produce  and  exhibit  to  commission  the 
books,  accounts  or  papers  of  any  company,  receiver,  trustee  or 
lessee,  owning  or  operating  any  plant  or  line  so  subject  to  super- 
vision, which  in  any  way  relate  to  or  contain  entries,  data  or 

3580  memoranda,  concerning  any  transaction  within  this  state  or  with 
any  person  residing  or  having  a  place  of  business  within  this 
state  or  of  any  other  person  when  their  examination  is  pertinent 
to  the  matters  under  consideration.  Witnesses  duly  subpoenaed 
who  refuse  or  neglect  to  appear  or  who  refuse  to  testify,  shall  be 

956 


subject  to  the  provisions  and  penalties  of  the  statutes  applicable 
to  witnesses  who  neglect  or  refuse  to  obey  subpoenas  to  appear 
and  testify  before  courts  at  law  and  in  equity.  Laws  iqo8,  no. 
ii6,  sec.  J. 

See  also  pars.  17 51,  3702. 

VIRGINIA  In  all  matters  pertaining  to  the  public  visi- 

tation, regulation  or  control  of  corporations,  and  within  the 
jurisdiction  of  commission,  it  shall  have  the  powers  and  authority 
of  a  court  of  record,  to  administer  oaths,  to  compel  the  attend- 
ance of  witnesses  and  the  production  of  papers,  to  punish  for 
contempt  any  person  guilty  of  disrespectful  or  disorderly  con- 
duct in  the  presence  of  commission  while  in  session,  and  to  en- 
force compliance  with  any  of  its  lawful  orders  or  requirements  by 

3581  adjudging,  and  enforcing  by  its  own  appropriate  process,  against 
the  delinquent  or  offending  company  (after  it  shall  have  been 
first  duly  cited,  proceeded  against  by  due  process  of  law  before 
commission  sitting  as  a  court,  and  afforded  opportunity  to  in- 
troduce evidence  and  to  be  heard,  as  well  against  the  validity, 
justness  or  reasonableness  of  the  order  or  requirement  alleged  to 
have  been  violated,  as  against  the  liability  of  the  company  for 
the  alleged  violation),  such  fines  or  other  penalties  as  may  be 
prescribed  or  authorized  by  this  constitution  or  by  law.  Const., 
sec.  i56{c). 

See  also  par.  88 j. 

WASHINGTON  Each    commissioner   may    administer   oaths, 

certify  to  all  official  acts,  and  issue  subpoenas  for  the  attendance 

3582  of  witnesses  and  the  production  of  papers,  way  bills,  books, 
accoimts,  documents  and  testimony  in  any  inquiry,  investiga- 
tion, hearing  or  proceeding  in  any  part  of  the  state.  Laws  191 1, 
ch.  117,  sec.  75. 

The  superior  court  of  the  coimty  in  which  any  such  inquiry, 
investigation,  hearing  or  proceeding  may  be  had,  may  compel  the 
attendance  of  witnesses,  and  the  production  of  papers,  way  bills, 
books,  accounts,  documents  and  testimony  as  required  by  such 
subpoena.  Commission  or  the  commissioner  before  which  the 
testimony  is  to  be  given  or  produced,  in  case  of  the  refusal  of  any 
witness  to  attend  or  testify  or  produce  any  papers  required  by 
the  subpoena,  shall  report  to  the  superior  court  in  and  for  the 
coimty  in  which  the  proceeding  is  pending  by  petition,  setting 
forth  that  due  notice  has  been  given  of  the  time  and  place  of 
attendance  of  said  witnesses,  or  the  production  of  said  papers, 

957 


and  that  the  witness  has  been  summoned  in  the  manner  pre- 
scribed in  this  act,  and  that  the  fees  and  mileage  of  the  witnei 
have  been  paid  or  tendered  to  the  witness  for  his  attendance  an 
testimony,  and  that  the  witness  has  failed  and  refused  to  a 
tend  or  produce  the  papers  required  by  the  subpoena,  before 
3583  commission,  in  the  cause  or  proceedings  named  in  the  notice  and 
subpoena,  or  has  refused  to  answer  questions  propounded  to  him 
in  the  course  of  such  proceeding,  and  ask  an  order  of  said  court, 
compelling  the  witness  to  attend  and  testify  before  commission. 
The  court,  upon  the  petition  of  commission,  shall  enter  an  order 
directing  the  witness  to  appear  before  said  court  at  a  time  and 
place  to  be  fixed  by  the  coiut  in  such  order,  and  then  and  there 
show  cause  why  he  has  not  responded  to  said  subpoena.  A  copy 
of  said  order  shall  be  served  upon  said  witness.  If  it  shall  appear 
to  the  court  that  said  subpoena  was  regularly  issued  by  commis- 
sion, the  court  shall  thereupon  enter  an  order  that  said  witness 
appear  before  commission  at  said  time  and  place  as  fixed  in  said 
order,  and  testify  or  produce  the  required  papers,  and  upon 
failing  to  obey  said  order,  said  witness  shall  be  dealt  with  as  for 
contempt  of  court.  In  all  proceedings  before  commission,  com- 
mission may,  in  their  discretion,  limit  the  number  of  witnesses 
testif3ang  upon  any  subject  or  proceeding  to  be  inquired  of  be- 
fore commission.     Same. 

The  commissioner  shall  have  power  to  compel  the  attend- 

3684  ance  of  witnesses  at  any  place  within  the  state.     Same,  sec.  yd. 

Process  issued  under  the  provisions  of  this  act  shall  be  served 

3685  as  in  civil  cases.     Same. 

In  case  any  public  service  company  shall  refuse  to  exhibit 
at  its  principal  office  in  the  United  States  any  book,  record  or 
document  to  commission  or  to  any  member  thereof,  or  to  any 
agent  or  employe  thereof  properly  authorized,  or  to  furnish  a 

3686  sworn  copy  of  such  book,  record  or  document  on  demand,  com- 
mission may  require  from  any  such  company  the  production 
within  the  state,  at  such  time  and  place  as  it  may  designate,  of 
any  books,  records  or  documents  kept  by  such  company  without 
the  state.     Same,  sec.  yg. 

Commission  may  require  from  any  public  service  company 
the  production  of  any  books,  records,  or  documents  kept  by  such 
company  in  any  office  or  place  without  the  state.  Such  demand 
8687  shall  be  served  upon  the  public  service  company  in  the  manner 
provided  for  the  service  of  orders  herein.  Such  public  service 
company  may  appear  before  commission  and  show  cause,  if  any 

9S8 


i 


there  be,  why  such  order  should  not  be  complied  with  and  such 
order  shall  be  made  after  such  hearing  as  commission  may  deem 
proper.     Same. 

See  also  pars.  2^4,  26jg,  2774,  syS"/. 

WISCONSIN  Each  of  the  commissioners  may  administer 

oaths,  certify  to  official  acts,  issue  subpoenas,  compel  the  attend- 
ance of  witnesses,  and  the  production  of  papers,  way  bills,  books, 
accotmts,  documents  and  testimony.  In  case  of  disobedience  on 
the  part  of  any  person  or  persons  to  comply  with  any  order  of 
commission  or  any  commissioner  or  any  subpoena,  or  on  the  re- 

8588  fusal  of  any  witness  to  testify  to  any  matter  regarding  which  he 
may  be  lawfully  interrogated,  it  shall  be  the  duty  of  the  circuit 
court  of  any  coimty,  or  the  judge  thereof,  on  application  of  a 
commissioner,  to  compel  obedience  by  attacliment  proceedings 
for  contempt,  as  in  the  case  of  disobedience  of  the  requirements 
of  a  subpoena  issued  from  such  court,  or  a  refusal  to  testify 
therein.     Laws  1905,  ch.  J62,  sec.  lyg^-ij. 

■  Also  provisions  identical  with  par.  3563  (including  footnote 

8589  thereto).  Laws  1905,  ch.  J62,  sec.  i'/9'/-i8{c).  Laws  190'j,  ch. 
499,  sees.  iy9ym-39{i),  i79'/m-39{2). 

Each  of  the  commissioners  and  every  agent  provided  for  in 
section  i797m-4i  of  this  act  may  administer  oaths,  certify  to 

8690  official  acts,  issue  subpoenas,  compel  the  attendance  of  witnesses 
and  the  production  of  books,  accounts,  papers,  records,  docu- 
ments and  testimony.     Laws  1907,  ch.  499,  sec.  lygym-jj^i). 

In  case  of  disobedience  on  the  part  of  any  person  or  persons 
to  comply  with  any  order  of  commission  or  any  commissioner 
or  any  subpoena  or,  on  the  refusal  of  any  witness  to  testify  to  any 
matter  regarding  which  he  may  be  lawfully  interrogated  before 

8591  commission  or  its  agent  authorized  as  provided  in  section  1797m- 
41,  it  shall  be  the  duty  of  the  circuit  court  of  any  county  or  the 
judge  thereof,  on  application  of  a  commissioner  to  compel 
obedience  by  attachment  proceedings  for  contempt  as  in  the  case 
of  disobedience  of  the  requirements  of  a  subpoena  issued  from 
such  court  or  a  refusal  to  testify  therein.  Same,  sec.  i797m~jj{2) . 
See  also  pars.  3140,  3301,  3302. 

2.     Compensation  of  Witnesses. 
UNITED  STATES     Witnesses  summoned  before  commission  shall 
be  paid   same   fees  and  mileage  that  are  paid  witnesses  in 
^«692  courts    of    the    United    States.      Act    to    Regulate    Commerce, 


sec.  18. 


959 


Witnesses  whose  depositions  are  taken  pursuant  to  this  act, 
3693  and  the  magistrate  or  other  officer  taking  the  same,  shall  sever- 
ally be  entitled  to  the  same  fees  as  are  paid  for  like  services  in  the 
courts  of  the  United  States.     Same,  sec.  12. 

ALABAMA  Each  witness  who  shall  appear  before  com- 

mission by  its  order  shall  receive  for  his  attendance  the  fees 
and  mileage  provided  for  witnesses  in  civil  cases  in  courts  of 
record,  which  shall  be  audited  and  paid  by  the  state  in  the  same 
manner  as  other  expenses  are  audited  and  paid,  upon  the  pres- 
entation of  proper  vouchers,  sworn  to  by  such  witness  and  ap- 

3594  proved  by  the  president  of  the  commission,  provided  that  no 
witness  subpoenaed  at  the  instance  of  parties  other  than  com- 
missioners shall  be  entitled  to  compensation  f^om  the  state  for 
attendance  or  travel,  unless  commission  shall  certify  that  his 
testimony  was  material  to  the  matter  investigated,  and  witnesses 
summoned  on  behalf  of  the  transportation  company  shall  be 
paid  by  the  same  company.    Code  1907,  sec.  jdyj. 

ARIZONA  Each  witness  who  shall   appear  by  order  of 

commission  or  a  commissioner  shall  receive  for  his  attendance 
the  same  fees  allowed  by  law  to  a  witness  in  civil  cases,  which 
amount  shall  be  paid  by  the  party  at  whose  request  such  witness 
is  subpoenaed.  When  any  witness  who  has  not  been  required  to 
attend  at  the  request  of  any  party  shall  be  subpoenaed  by  com- 
mission, his  fees  shall  be  paid  from  the  fund  appropriated  for  the 
use  of  commission  in  the  same  manner  as  other  expenses  of  com- 
mission are  paid.  Any  witnesss  subpoenaed  except  one  whose 
fees  may  be  paid  from  the  funds  of  commission,  may,  at  the 

3696  time  of  service,  demand  the  fee  to  which  he  is  ^entitled  for  travel 
to  and  from  the  place  at  which  he  is  required  to  appear,  and  one 
day's  attendance.     If  such  witness  demands  such  fees  at  the, 
time  of  service,  and  they  are  not  at  that  time  paid  or  tendered,  he ; 
shall  not  be  required  to  attend  before  commission  or  commis-- 
sioner,  as  directed  in  the  subpoena.     All  fees  to  which  any  wit- 
ness is  entitled  under  the  provisions  of  this  section  may  be  col- 
lected by  action  therefor  instituted  by  the  person  to  whom  such^ 
fees  are  payable.     No  witness  furnished  with  free  transportation 
shall  receive  mileage  for  the  distance  he  may  have  traveled  on 
such  free  transportation.     Sess.  Laws  1912,  ch.  go,  sec.  55{a). 

ARKANSAS  Every  witness  who  shall  appear  by  order  of 

commission  at  a  place  outside  of  the  county  of  his  residence  shall 

960 


receive  for  his  attendance  $1.50  per  day,  and  five  cents  per  mile, 
traveled  by  the  nearest  practicable  route,  in  going  to  and  re- 
turning from  the  place  of  meeting  of  commission,  but  witnesses 
who  reside  within  the  county  in  which  commission  meets  shall 
receive  $1.50  per  day  for  each  day's  attendance,  but  no  mileage, 
which  shall  be  paid  upon  the  warrant  of  the  auditor,  upon  the 
presentation  of  the  proper  vouchers,  sworn  to  by  such  witness 
3696  and  approved  by  the  chairman  of  commission;  provided,  that  no 
witness  shall  be  entitled  to  any  witness  fees  or  mileage  who  is 
directly  or  indirectly  interested  in  any  railroad  in  this  state,  or 
out  of  it,  or  who  is  in  anywise  interested  in  any  stock,  bond, 
mortgage,  security  or  earnings  of  any  such  road,  or  who  shall  be 
the  agent  or  employe  of  such  road,  or  any  officer  thereof,  when 
simimoned  at  the  instance  of  such  railroad,  and  no  witness  fur- 
nished with  free  transportation  shall  receive  pay  for  the  distance 
he  may  have  traveled  on  such  free  transportation.  Kirhy^s 
Digest  1904,  sec.  6825. 

CALIFORNIA  Identical  with  par.  3595,  except  that  "fees" 

3597  reads  ''fees  and  mileage."    Stats,  igii,  ist.  ex.  sess.,  ch.  14,  sec. 

COLORADO  Witnesses  summoned  before  commission  shall 

3698  be  paid  same  fees  and  mileage  that  are  paid  witnesses  in  the  dis- 
trict courts  of  this  state.     Laws  19 10,  sp.  sess.,  ch.  5,  sec.  18. 

CONNECTICUT  The  fees   of  witnesses   summoned   by   com- 

mission, or  by  any  member  thereof,  to  appear  before  it  or  him, 
under  the  provisions  of  this  section,  and  the  fees  for  summoning 
witnesses,  shall  be  the  same  as  in  the  superior  court.     All  such 

8699  fees,  together  with  any  other  expenses  authorized  by  this  act  the 
method  of  payment  of  which  is  not  herein  otherwise  provided, 
shall,  when  taxed  by  commission,  be  paid  by  the  state  through 
secretary  of  commission  in  the  same  manner  as  court  expenses. 
Pub.  Acts  1911,  ch.  128,  sec.  g. 

FLORIDA  Witnesses  shall  receive  for  attendance  same 

fees  and  mileage  as  now  allowed  witnesses  by  law  in  the  circuit 
court,  to  be  ordered  paid  by  the  governor  upon  presentation  of 

3600  subpoena,  accompanied  by  affidavit  of  the  witness  as  to  the  num- 
ber of  days  served  and  miles  traveled,  made  before  the  clerk  of 
commission,  who  is  hereby  authorized  to  administer  oaths,  Gm, 
Stats.  igo6,  sec.  2gi6. 

961 


GEORGIA  Witnesses  shall  receive  for  attendance  $2  per 

day,  and  five  cents  per  mile,  traveled  by  the  nearest  practicable 
route  in  going  to  and  returning  from  the  place  of  meeting  of 

3601  commission,  to  be  ordered  paid  by  the  governor  upon  presenta- 
tion of  subpoenas,  sworn  to  by  the  witnesses,  as  to  number  of  days 
served  and  miles  traveled,  before  the  clerk  of  said  commission, 
who  is  hereby  authorized  to  administer  oaths.  Code  igii,  sec. 
2653. 

KANSAS  '       Each  witness  who  shall  appear  before  com- 

mission, or  any  member  thereof,  in  answer  to  a  subpoena  shall 
receive  for  his  attendance  one  dollar  and  a  half  per  day  and 
five  cents  per  mile,  traveled  by  the  nearest  practicable  route  in 
going  to  and  rettiming  from  the  place  where  the  witness  is 

3602  directed  to  appear,  which  shall  be  ordered  paid  by  the  auditor 
of  state,  when  the  state  is  liable  therefor,  who  shall  draw  and 
deliver  his  warrant  upon  the  state  treasurer  to  such  witness  for 
such  amount,  upon  the  presentation  of  proper  vouchers,  sworn 
to  by  such  witness  and  approved  by  the  chairman  of  commis- 
sion.   Gen.  Stats,  igog,  sec.  7175. 

MAINE  See  par.  2634. 

MARYLAND  The  fees  of  witnesses  required  to  attend  before 

commission  or  a  commissioner  shall,  where  hearing  is  in  Baltimore 
City,  be  the  same  as  allowed  by  the  courts  of  Baltimore  City  for 
the  attendance  of  witnesses  in  cases  before  them,  and  where  the 
hearing  is  in  any  of  the  counties,  shall  be  the  same  as  allowed  by 

3603  the  circuit  court  of  the  coimty  in  which  hearing  takes  place,  for 
attendance  of  witnesses  before  it,  and  the  disbursements  made  in 
the  pa5anent  of  such  fees  shall  be  duly  audited  in  accordance 
with  a  due  and  satisfactory  method  of  auditing  and  bookkeeping, 
and  shall  be  included  in  and  paid  in  the  same  manner  as  is  pro- 
vided for  the  payment  of  other  expenses  of  commission.  Laws 
jgio,  ch.  180,  sec.  g. 

MASSACHUSETTS  The  fees  of  witnesses  for  attendance  and  travel 
shall  be  the  same  as  for  witnesses  before  the  superior  court,  and 

8604  shall  be  paid  by  the  commonwealth.     Acts  igo6,  ch.  433,  sec.  13; 
ch.  463,  pt.  i,  sec.  ig. 
See  also  par.  2637. 

MICHIGAN  Each  witness  who  shall  appear  before  com- 

mission by  its  order  shall  receive  for  his  attendance  the  fees  and 
jnileage  now  provided  for  witnesses  in  civil  cases  in  circuit  court; 

962 


8605  provided,  that  no  witnesses  subpoenaed  at  the  instance  of  parties 
other  than  commission  shall  be  entitled  to  compensation  from 
the  state  for  attendance  and  travel,  imless  commission  shall 
certify  that  his  testimony  was  material  and  necessary  to  the  mat- 
ter iavestigated.     Puh.  Acts  igog,  no.  300,  sec.  2j{b). 

MINNESOTA  Witnesses  shall  receive  the  same  fees  and  mile- 

3606  age  as  in  civil  actions.     Rev.  Laws  1905,  sec.  1968. 

MISSISSIPPI  Where  witnesses  are  simimoned  to  appear  be- 

fore commission,  they  shall  be  entitled  to  the  same  per  diem  and 
mileage  as  witnesses  attending  the  circuit  court;  and  witnesses 

3607  simimoned  by  commission  on  its  behalf  shall  be  paid  as  other  ex- 
penditures of  commission,  upon  certificate  of  commission  showing 
the  amoimt  to  which  such  witnesses  may  be  entitled,  and  wit- 
nesses summoned  for  any  railroad,  or  other  carrier,  shall  be  paid 
by  it.     Laws  1908,  ch.  85,  sec.  i. 

MISSOURI  See  par.  963. 

MONTANA  Each  witness  shall  receive  the  simi  of  $3  per 

day,  together  with  the  simi  of  five  cents  per  mile  traveled  by  the 
nearest  practicable  route  in  going  to  and  returning  from  the  place 

3608  of  meeting  of  commission.  And  no  witness  furnished  with  free 
transportation  shall  receive  mileage  for  the  distance  he  may  have 
traveled  on  such  free  transportation.  Rev.  Codes  1907,  sec. 
4381. 

NEBRASKA  Witness  fees  shall  be  paid  as  provided  by  law 

in   attendance  at  any  district   cotirt   in  this   state.     Cobbey^s 

3609  Annot.  Stats.  1909,  sec.  io6jo{k). 

NEVADA  Each  witness  who  shall  appear  before  com- 

mission by  its  order  shall  receive  for  his  attendance  the  fees  and 
mileage  now  provided  for  witnesses  in  civil  cases  in  courts  of 
record,  which  shall  be  audited  and  paid  by  the  state  in  the  same 
manner  as  other  expenses  are  audited  and  paid,  upon  the  presen- 

3610  tation  of  proper  vouchers,  sworn  to  by  such  witnesses  and  ap- 
proved by  the  chairman  of  commission;  provided,  that  no  wit- 
ness subpoenaed  at  the  instance  of  parties  other  than  commission 
shaU  be  entitled  to  compensation  from  state  for  attendance  or 
travel  unless  commission  shall  certify  that  his  testimony  was 
material  to  the  matter  investigated.  Stats.  1907,  ch.  44,  sec. 
ij(a),  as  amended,  by  Stats.  1909,  ch.  121,  sec.  6. 

963 


NEW  HAMPSHIRE  Witnesses  summoned  before  commission  shall 
be  paid  the  same  fees  as  witnesses  stimmoned  to  appear  before 

3611  the  superior  court  and  such  simimons  issued  by  any  justice  of 
the  peace  shall  have  the  same  effect  as  though  issued  for  ap- 
pearance before  the  superior  court.     Laws  igii,  ch.  164,  sec.  2{l). 

NEW  JERSEY  The  fees  of  witnesses  required  to  attend  before 

commission  shall  be  $1  for  each  day's  attendance  and  three  cents 
for  every  mile  of  travel,  by  the  nearest  generally  traveled  route, 
in  going  to  and  from  the  place  where  the  attendance  of  the  wit- 
ness is  required,  such  fees  to  be  paid  when  the  witness  is  excused 
from  further  attendance,  and  the  disbursements  made  in  pay-. 

3612  ment  of  such  fees  shall  be  audited  and  paid  in  the  same  manner 
provided  for  the  payment  of  expenses  of  commission;  provided, 
however,  that  no  witness  subpoenaed  at  the  instance  of  parties 
other  than  commission  shall  be  entitled  to  compensation  from 
the  state  for  attendance  or  travel,  unless  commission  shall  certify 
that  his  testimony  was  material  to  the  matter  investigated. 
Laws  1911,  ch.  ig5,  sec.  27. 

NEW  MEXICO  Witness  fees  and  mileage  of  witnesses  appear- 

ing before  commission  or  an  examiner  shall  be  paid  at  the  same 
rates  as  provided  by  law  for  witnesses  before  the  district  court 
and  shall  be  paid  by  the  party  at  whose  instance  they  are  sum- 

3613  moned.  When  any  party  requests  commission  to  summon  a 
witness  he  shall,  before  subpoena  issue,  deposit  with  the  clerk  a 
sufficient  sum  of  money  to  pay  the  fees  and  mileage  of  such  wit- 
ness. Witnesses  summoned  by  commission  of  its  own  motion 
shall  be  paid  out  of  the  contingent  expense  fund  of  commission. 
Laws  19 12,  ch.  75,  sec.  7. 

NEW  YORK  The  fees  of  witnesses  required  to  attend  before 

a  commission,  or  a  commissioner,  shall  be  $2  for  each  day's  at- 
tendance, and  five  cents  for  every  mile  of  travel  by  the  nearest 
generally  traveled  route  is  going  to  and  from  the  place  where  at- 
tendance of  the  witness  is  required,  such  fees  to  be  paid  when  the 
witness  is  excused  from  further  attendance;  and  the  disburse- 
ments made  in  the  payment  of  such  fees  shall  be  audited  and  paid 

3614  in  the  first  district  in  the  same  manner  provided  for  the  payment 
of  expenses  of  commission.  Whenever  a  subpoena  is  issued  at 
the  instance  of  a  complainant,  respondent,  or  other  party  to  any 
proceeding  before  commission,  the  cost  of  service  thereof  and  the 
fee  of  the  witness  shall  be  borne  by  the  party  at  whose  instance 

964 


the  witness  is  siimmoned.  A  subpoena  issued  as  aforesaid  shall 
be  served  in  the  same  manner  as  a  subpoena  issued  out  of  a  court 
of  record.     Laws  igio,  ch.  480,  sec.  ig{i). 

NORTH  DAKOTA      Witnesses  summoned  before  commission  shall 
3616  be  paid  the  same  fees  and  mileage  as  are  paid  witnesses  in  the 
district  court.    Rev.  Codes  1905,  sec.  4379. 

OHIO.  A  provision  identical  with  par.   3610.     Code 

3616  1910,  sec.  532. 

OREGON  Each  witness  who  shall  appear  before  com- 

mission by  its  order  shall  receive  for  his  attendance  the  fees  and 
mileage  now  provided  for  witnesses  in  civil  cases  in  courts  of 
record;  provided,  that  no  witness  subpoenaed  at  the  instance  of 
•parties  other  than  commission  shall  be  entitled  to  compensation 
from  state  for  attendance  or  travel  unless  commission  shall  certify 

3617  that  his  testimony  was  material  to  the  matter  investigated;  and 
provided,  that  no  witness  shall  be  entitled  to  any  witness  fee  or 
mileage  who  is  an  officer,  agent,  or  employe  of  any  railroad,  when 
siunmoned  at  the  instance  of  such  railroad;  and  no  witness  fur- 
nished with  free  transportation  shall  receive  pay  for  the  distance 
he  may  have  traveled  upon  such  free  transportation.  Gen. 
Laws  1907,  ch.  5j,  sec.  29. 

Each  witness  who  shall  appear  before  commission  or  its 
agent  by  its  order,  shall  receive  for  his  attendance  the  fees  and 
mileage  now  provided  for  witnesses  in  civil  cases  in  courts  of 

8618  record,  which  shall  be  audited  and  paid  by  the  state  in  the 
same  manner  as  other  expenses  are  audited  and  paid,  upon  the 
presentation  of  proper  vouchers  sworn  to  by  such  witnesses  and 
approved  by  commission;  provided,  no  witnesses  shall  be  en- 
titled to  receive  double  mileage  fees.    Gen.  Laws  191 1,  ch.  279. 

No  witness  subpoenaed  at  the  instance  of  parties  other  than 
commission  shall  be  entitled  to  compensation  from  the  state  for 

8619  attendance  or  travel  unless  commission  shall  certify  that  his 
testimony  was  material  to  the  matter  investigated.    Same. 

See  also  par.  498, 

PENNSYLVANIA  Fees  of  witnesses  before  commission  shall  be 
$2  for  each  day's  attendance,  and  five  cents  for  every  mile  of 

8620  travel,  by  the  nearest  generally  traveled  route,  in  going  to  and 
returning  from  the  place  where  the  attendance  of  the  witness  is 
required.     Laws  1907,  no.  2^0^  sec.  20. 

965 


SOUTH  CAROLINA  Witnesses  shall  receive  from  the  state  treas- 
ury for  attendance  $i  per  day  and  five  cents  per  mile  traveled  by 
the  nearest  practical  route  in  going  to  and  rettuning  from  the 

3621  place  of  meeting  of  commission  to  be  ordered  paid  by  the  comp- 
troller general  upon  presentation  of  subpoenas  sworn  to  by  the 
witnesses  as  to  the  number  of  days  served  and  miles  traveled, 
before  the  clerk  of  commission  who  is  hereby  authorized  to  ad- 
minister oaths.     Gen.  Stats.  igo2,  sec.  2077. 

TENNESSEE  Each  witness  who  shall  appear  before  commis- 

sion by  order  of  commission,  shall  receive  for  his  attendance  the 
compensation  now  provided  by  law,  which  shall  be  paid  by  the 
state  treasurer  on  warrant  of  the  comptroller,  upon  the  presenta- 
tion of  proper  voucher  sworn  to  by  such  witness,  and  approved  by 
the  chairman  of  commission.     Provided,  that  no  witness  shall 

3622  be  entitled  to  any  witness  fees  or  mileage  who  is  directly  or  in- 
directly interested  in  any  railroad  in  this  state  or  out  of  it,  or  who 
is  in  any  way  interested  in  any  stock,  bond,  mortgage,  security 
or  earnings  of  any  such  road,  or  who  shall  be  the  agent  or  em- 
ploye of  such  road,  or  an  officer  thereof  when  summoned  at  the 
instance  of  such  railroad;  and  no  witness  furnished  with  free 
transportation  shall  receive  pay  for  the  distance  he  may  have  trav- 
eled on  such  free  transportation.     Acts  i8gy,  ch.  10,  sec.  10. 

TEXAS  Each  witness  who  shall  appear  before  commis- 

sion by  order  of  commission,  at  a  place  outside  of  the  county  of 
his  residence,  shall  receive  for  his  attendance  $1  per  day  and  three 
cents  per  mile  traveled  by  the  nearest  practicable  route,  in  going 
to  and  returning  from  the  place  of  meeting  of  commission,  which 
shall  be  ordered  paid  by  the  comptroller  of  public  accounts  upon 
the  presentation  of  proper  vouchers,  sworn  to  by  such  witness 
and  approved  by  the  chairman  of  commission;  provided,  that  no 

3623  witness  shall  be  entitled  to  any  witness  fees  or  mileage  who  is 
indirectly  interested  in  any  railroad  in  this  state  or  out  of  it,  or 
who  is  in  any  wise  interested  in  any  stock,  bond,  mortgage,  se- 
curity, or  earnings  of  any  such  road,  or  who  shall  be  the  agent  or 
employe  of  such  road,  or  an  officer  thereof,  when  summoned  at  the 
instance  of  such  railroad;  and  no  witness  furnished  with  free 
transportation  shall  receive  pay  for  the  distance  he  may  have  trav- 
eled on  such  free  transportation.  Sayles*  Civ.  Stats.  i8gy,  art. 
4572' 

VERMONT  Fees  of  witnesses  for  attendance  before  com- 

8624  mission  shall  be  the  same  as  in  the  county  court;  and,  in  all  causes 

966 


in  behalf  of,  or  for  the  convenience^  or"  safety  of  the  public,  the 
witnesses  with  the  expense  of  obtaining  their  attendance,  shall 
be  paid  by  the  state.     Puh.  Stats.  igo6,  sec.  4604. 

WASHINGTON  Each  witness  who  shall  appear  before  com- 

mission under  subpoena  shall  receive  for  his  attendance  $3  per 
day  and  five  cents  per  mile  traveled  by  the  nearest  practicable 

3625  route  in  going  and  returning  from  the  place  of  hearing;  provided, 
that  no  witness  shall  be  entitled  to  fees  or  mileage  from  the  state 
when  summoned  at  the  instance  of  the  public  service  corporations 
affected.     Laws  igii,  ch.  iiy,  sec.  76. 

WISCONSIN  A  provision  identical  with  par.  3610.     Laws 

3626  190J,  ch.  J62,  sec.  ijgy-i^{a). 

.  Each  witness  who  shall  appear  before  commission  or  its 
agent  by  its  order  shall  receive  for  his  attendance  the  fees  and 
mileage  now  provided  for  witnesses  in  civil  cases  in  courts  of  rec- 

3627  ord  which  shall  be  audited  and  paid  by  the  state  in  the  same 
manner  as  other  expenses  are  audited  and  paid,  upon  the  presen- 
tation of  proper  vouchers  sworn  to  by  such  witnesses  and  ap- 
proved by  the  chairman  of  commission.  Laws  igoy,  ch.  4gg, 
sec.  I7g7m-54{i). 

No  witness  subpoenaed  at  the  instance  of  parties  other  than 
commission  shall  be  entitled  to  compensation  from  the  state  for 

3628  attendance  or  travel  unless  commission  shall  certify  that  his 
testimony  was  material  to  the  matter  investigated.  Same,  sec. 
i7grm-54{2). 

See  also  par.  3140. 

J.  Immunity  of  witnesses. 

UNITED  STATES  No  person  shall  be  excused  from  attending 
and  testifying  or  from  producing  books,  papers,  tariffs,  contracts, 
agreements  and  documents  before  interstate  commerce  commis- 
sion, or  in  obedience  to  the  subpoena  of  commission,  whether 
such  subpoena  be  signed  or  issued  by  one  or  more  commissioners, 
or  in  any  cause  or  proceeding,  criminal  or  otherwise,  based  upon 
or  growing  out  of  any  alleged  violation  of  the  act  of  congress, 
entitled  "An  act  to  regulate  commerce,"  approved  February  4, 
1 887,  or  of  any  amendment  thereof  on  the  groimd  or  for  the  reason 

3629  that  the  testimony  or  evidence,  documentary  or  otherwise,  re- 
quired of  him,  may  tend  to  criminate  him  or  subject  him  to  a  pen- 
alty or  forfeiture.  But  no  person  shall  be  prosecuted  or  subjected 
to  any  penalty  or  forfeiture  for  or  on  account  of  any  transaction, 

967 


matter  or  thing,  concerning  which  he  may  testify,  or  produce 
evidence,  docimientary  or  otherwise,  before  said  commission,  or 
in  obedience  to  its  subpoena,  or  the  subpoena  of  either  of  them, 
or  in  any  such  case  or  proceeding;  provided,  that  no  person  so 
testifying  shall  be  exempt  from  prosecution  and  punishment  for 
perjury  committed  in  so  testifying.     Immunity  of  Witnesses  Act, 

Immunity  shall  extend  only  to  a  natural  person  who,  in 

3630  obedience  to  a  subpoena,  gives  testimony  under  oath  or  produces 
evidence,  docimientary  or  otherwise,  under  oath.  Immunity  of 
Witnesses  Act,  igo6. 

See  also  par.  348'/. 

ALABAMA  No  person  shall  be  excused  from  attending 

and  testifying  or  from  producing  books,  papers,  tariffs,  con- 
tracts, agreements  and  other  documents  before  commission,  or 
in  obedience  of  subpoena  of  commission,  whether  such  subpoena 
be  signed  or  issued  by  one  or  more  of  the  members  of  commis- 
sion in  any  investigation  held  by  or  before  commission,  or  in 
any  cause  or  proceeding  in  any  court  by  or  against  commission 
provided  for  in  this  section,  on  the  ground  or  for  the  reason  that 

3631  the  testimony  or  evidence,  documentary  or  otherwise,  required 
of  him,  may  tend  to  criminate  him  or  subject  him  to  a  penalty 
or  forfeiture.  But  no  person  shall  be  prosecuted  or  subjected 
to  any  penalty  or  forfeiture  for  or  on  account  of  any  transaction, 
matter,  or  thing  concerning  which  he  may  be  required  to  tes- 
tify or  produce  evidence,  documentary  or  otherwise  before  com- 
mission, or  in  obedience  to  its  subpoena,  or  in  any  such  cause 
or  proceeding,  provided  that  no  person  so  testifying  shall  be 
exempted  from  prosecution  and  punishment  for  perjury  com- 
mitted in  so  testifying.    Code  igoy,  sec.  5674. 

ARIZONA,  CALIFORNIA 

No  person  shall  be  excused  from  testif5mig  or 
from  producing  any  book,  way  bill,  document,  paper  or  account 
in  any  investigation  or  inquiry  by  or  hearing  before  commission 
or  any  commissioner,  when  ordered  to  do  so,  upon  the  ground 
that  the  testimony  or  evidence,  book,  way  bill,  document,  paper 
or  accoimt  required  of  him  may  tend  to  incriminate  him  or  sub- 
ject him  to  penalty  or  forfeiture,  but  no  person  shall  be  prosecuted. 
8332  punished  or  subjected  to  any  penalty  or  forfeiture  for  or  on  ac- 
count of  any  act,  transaction,  matter  or  thing  concerning  which 
he  shall,  under  oath  have  testified  or  produced  documentary  evi- 

968 


dence;  provided,  that  no  person  so  testifying  shall  be  exempt  from 
prosecution  or  punishment  for  any  perjury  committed  by  him 
in  his  testimony.  Nothing  herein  contained  shall  be  construed 
as  in  any  manner  giving  to  any  public  service  corporation^  im- 
munity of  any  kind.  Ariz. — Sess.  Laws  1912,  ch.  go,  sec.  55{d); 
Cat. — Stats,  igii,  ist.  ex.  sess.,  ch.  14,  sec.  55{d). 
See  also  par.  3500. 

ARKANSAS  See  par.  3496 

CONNECTICUT  See  par.  3501 

FLORIDA  See  par.  3503 

GEORGIA  See  par.  4084 

INDIANA  See  par.  3509. 

IOWA  See  pars.  21 11,  351 1,  4284. 

KANSAS  No  person  shall  be  excused  from  testifying  or 

from  producing  any  books,  accounts,  maps,  papers  or  documents 
in  any  action  or  proceeding,  based  upon  or  growing  out  of  any 
alleged  violation  of  any  of  the  provisions  of  this  act,  on  the  ground 
or  for  the  reason  that  the  testimony  or  evidence,  documentary 
or  oral,  required  from  him,  may  tend  to  incriminate  him  or  sub- 

3633  ject  him  to  penalty  or  forfeiture ;  but  no  person  having  so  testified 
shall  be  prosecuted  or  subject  to  any  penalty,  punishment  or  for- 
feiture on  account  of  any  transaction,  matter  or  thing  concerning 
which  he  may  have  testified  or  produced  any  documentary  evi- 
dence, providing  that  no  person  so  testifying  shall  be  exempted 
from  prosecution  or  punishment  for  perjury  committed  in  so 
testifying.     Laws  191 1,  ch.  238,  sec.  77. 

MARYLAND  A  provision  substantially  identical  with  par. 

3634  3632;  also  a  provision  substantially  identical  with  par.  3633. 
Laws  1910,  ch.  180,  sees.  10,  48. 

MICHIGAN  See  par.  4343. 

MONTANA  No  person  shall  be  excused  from  attending  or 

testifying,  or  producing  any  books,  papers,  dociunents,  or  any 
thing  or  things,  before  any  court  or  magistrate,  or  commissioner 
or  commission,  upon  any  investigation,  proceeding  or  trial  under 
the  provisions  of  this  act  or  for  any  violation  of  any  of  them, 
upon  the  ground  or  for  the  reason  that  the  testimony  or  evi- 

3635  dence  docimientary  or  otherwise  required  of  him,  may  tend  to 

*  "Public  utility,"  in  California. 

969 


convict  him  of  a  crime,  or  to  subject  him  to  a  penalty  or  for- 
feiture; but  no  person  shall  be  prosecuted  or  subjected  to  any 
penalty  or  forfeiture  for  or  on  accoimt  of  any  transaction,  matter 
or  thing  concerning  which  he  may  so  testify,  or  produce  evidence; 
and  no  testimony  or  evidence  so  given  or  produced  shall  be  re- 
ceived against  him  upon  any  civil  or  criminal  proceeding,  action 
or  investigation.     Rev.  Codes  iQoy,  sec.  4381. 

NEBRASKA  See  par.  3534. 

NEVADA  Substantially  identical  with  par.  3633.    Stats. 

3636  iQiiy  ch.  162,  sec.  22. 

NEW  HAMPSHIRE  No  person  shall  be  excused  from  testifying  in  a 
proceeding  instituted  against  another  person  or  a  corporation 
under  the  foregoing  sections  for  the  reason  that  he  may  thereby 

3637  criminate  himself;  but  no  testimony  so  given  by  him  shall  be  used, 
directly  or  indirectly,  as  evidence  against  him  in  any  prosecution, 
nor  shall  he  be  prosecuted  thereafter  for  any  offense  so  disclosed 
by  him.     Laws  igog,  ch.  126,  sec.  7. 

No  person  shall  be  excused  from  testifying  or  from  producing 
any  book  or  paper  in  any  investigation  or  inquiry  by  or  upon  any 
hearing  before  commission  when  ordered  to  do  so  by  commission, 
upon  the  groimd  that  the  testimony  or  evidence,  book  or  docu- 
ment required  of  him  may  tend  to  incriminate  him  or  subject 
him  to  penalty  or  forfeiture,  but  no  person  shall  be  prosecuted, 
punished  or  subjected  to  any  penalty  or  forfeiture  for  or  on  ac- 

3638  coimt  of  any  act,  transaction,  matter  or  thing  concerning  which 
imder  oath,  after  claiming  his  privilege,  he  shall  by  order  of 
commission  have  testified  or  produced  documentary  evidence; 
provided,  however,  that  no  person  so  testifying  shall  be  exempt 
from  prosecution  or  punishment  for  any  perjury  committed  by 
him  in  his  testimony.  Nothing  herein  contained  is  intended  to 
give,  or  shall  be  construed  as  in  any  manner  giving  to  any  cor- 
poration immimity  of  any  kind.     Laws  igii,  ch.  164,  sec.  2{m). 

See  also  par.  2161. 

NEW  JERSEY  A  provision  substantially  identical  with  par. 

8689  3632.    Laws  igiiy  ch.  igs,  sec.  2g. 

No  member  or  employe  of  commission  shall  be  required  to 
8640  give  testimony  in  any  civil  suit  to  which  commission  is  not  a 
party,  with  regard  to  information  obtained  by  him  in  the  dis- 
charge of  his  official  duty.     Same. 

970 


NEW  MEXICO  See  par.  3542. 

NEW  YORK  Substantially  identical  with  par.  3632.    Laws 

3641  1910,  ch.  480,  sec.  20. 

NORTH  DAKOTA      See  par.  3554. 

OHIO  Provisions  substantially  identical  with   par. 

3642  3633.    Code  igio,  sec.  553.   Laws  1911,  no.  325,  sec.  41. 

OREGON  Provisions  substantially   identical  with  par. 

3643  3633;  also  provisions  identical  with  par.  3630.  Gen.  Laws  igoy, 
ch.  5J,  sec.  37.    Gen.  Laws  igii,  ch.  279,  sec.  59. 

RHODE  ISLAND        Substantially  identical  with  par.  3632.     Acts 

3644  1912,  ch.  yg^y  sec.  16. 

SOUTH  DAKOTA  No  person  shall  be  privileged  from  testifying 
in  relation  to  anything  herein  contained,  but  no  such  person 
shall  thereafter  be  prosecuted  for  any  offense  concerning  which 

36*5  he  may  have  been  required  to  testify,  and  the  testimony  so  given 
shall  not  be  used  in  the  prosecution  of  any  such  person  in  any 
criminal  action  whatever,  except  in  actions  for  perjury  in  giving 
such  testimony.     Sess.  Laws  igoy,  ch.  221,  sec.  7. 

TENNESSEE  No  officer,  agent,  servant  or  employe  of  any 

railroad  company,  who  shall  appear  and  testify  before  commis- 
sion under  the  provisions  of  this  act,  or  any  civil  or  criminal 

3646  proceedings  instituted  by  them  under  the  provisions  of  this  act, 
shall  be  Hable  to  indictment  or  presentment  for  any  violation 
of  this  act  about  which  they  so  testify.     Acts  i8gy,  ch.  10,  sec.  10. 

TEXAS  See  par.  3578, 

WASHINGTON  The  claim  by  any  witness  that  any  testimony 

sought  to  be  eHcited  may  tend  to  incriminate  him  shall  not  excuse 
such  witness  from  testifying,  but  such  evidence  or  testimony 

3647  shall  not  be  used  against  such  person  on  the  trial  of  any  criminal 
proceeding,  excepting  in  a  prosecution  for  perjury.  Laws  igii,  ch. 
iiy,  sec.  76. 

WISCONSIN  Provisions  substantially  identical  with  par. 

3648  3633.  Laws  igoSy  ch.  362,  sec.  1797-17(0).  Laws  igo7,  ch.  4ggt 
sec.  i7g7m-72. 

See  also  par,  4438, 

971 


4'  Depositions. 

UNITED  STATES  The  testimony  of  any  witness  may  be  taken, 
at  the  instance  of  a  party  in  any  proceeding  or  investigation 
pending  before  commission,  by  deposition,  at  any  time  after  a 
cause  or  proceeding  is  at  issue  on  petition  and  answer.  Commis- 
sion may  also  order  testimony  to  be  taken  by  deposition  in  any 
proceeding  or  investigation  pending  before  it,  at  any  stage  of  such 
proceeding  or  investigation.  Such  depositions  may  be  taken 
before  any  judge  of  any  court  of  the  United  States,  or  any  com- 
missioner of  a  circuit,  or  any  clerk  of  a  district  or  circuit  court,  or 
any  chancellor,  justice  or  judge  of  a  supreme  or  superior  court, 
mayor  or  chief  magistrate  of  a  city,  judge  of  a  county  court,  or 

3649  court  of  common  pleas  of  any  of  the  United  States,  or  any  notary 
public,  not  being  of  counsel  or  attorney  to  either  of  the  parties, 
nor  interested  in  the  event  of  the  proceeding  or  investigation. 
Reasonable  notice  must  first  be  given  in  writing  by  the  party,  or 
his  attorney,  proposing  to  take  such  deposition  to  the  opposite 
party  or  his  attorney  of  record,  as  either  may  be  nearest,  which 
notice  shall  state  the  name  of  the  witness  and  the  time  and  place 
of  the  taking  of  his  deposition.  Any  person  may  be  compelled 
to  appear  and  depose,  and  to  produce  documentary  evidence,  in 
the  same  manner  as  witnesses  may  be  compelled  to  appear  and 
testify  and  produce  documentary  evidence  before  commission 
as  hereinbefore  provided.     Act  to  Regulate  Commerce,  sec.  12. 

Every  person  deposing  as  herein  provided  shall  be  cautioned 
and  sworn  (or  affirm,  if  he  so  request)  to  testify  the  whole  truth, 

3660  and  shall  be  carefully  examined.  His  testimony  shall  be  reduced 
to  writing  by  the  magistrate  taking  the  deposition,  or  under  his 
direction,  and  shall,  after  it  has  been  reduced  to  writing,  be  sub- 
scribed by  the  deponent.     Same. 

If  a  witness  whose  testimony  may  be  desired  to  be  taken  by 
deposition  be  in  a  foreign  country,  the  deposition  may  be  taken 

8661  before  an  officer  or  person  designated  by  commission,  or  agreed 
upon  by  the  parties  by  stipulation  in  writing  to  be  filed  with  com- 
mission. All  depositions  must  be  promptly  filed  with  commis- 
sion.    Same. 

ALABAMA  Commission  may,  in  investigation,  cause  the 

depositions  of  witnesses  residing  within  or  without  the  state  to 

3662  be  taken  in  the  manner  prescribed  by  law  for  depositions  in  civil 
actions  in  circuit  courts,  said  deposition  to  be  taken  on  a  com- 

972 


mission  to  be  issued  by  the  clerk  of  commission  made  returnable 
to  commission.     Code  1907,  sec.  5676. 

ARIZONA  Commission  or  any  commissioner  or  any  paity 

may,  in  any  investigation  or  hearing  before  commission,  cause 
the  deposition  of  witnesses  residing  within  or  without  the  state 

3653  to  be  taken  in  the  manner  prescribed  by  law  for  like  deposition 
in  civil  actions  in  the  superior  courts  of  this  state  and  to  that  end 
may  compel  the  attendance  of  witnesses  and  the  production,  of 
books,  way  bills,  documents,  papers  and  accounts.  Sess.  Laws 
IQ12,  ch.  go,  sec.  55{c). 

See  also  par.  j68. 

ARKANSAS  Commission  shall  in  all  cases  have  the  right 

3654  to  issue  proper  process  and  take  depositions  instead  of  compelling 
personal  attendance  of  witnesses.  Kirby^s  Digest  1Q04,  sec. 
6825. 

CALIFORNIA  Identical  with  par.  3653.    Stats.  191 1,  ist.  ex. 

3656  sess.,  ch.  14,  sec.  55{c). 

COLORADO  The  testimony  of  any  witness  may  be  taken, 

at  the  instance  of  a  party  in  any  proceeding  or  investigation 

3656  pending  before  commission,  by  deposition,  at  any  time  after  a 
cause  or  proceeding  is  at  issue  on  complaint  and  answer;  such 
depositions  shall  be  conducted  as  are  depositions  in  the  courts 
of  this  state.     Laws  1910,  sp.  sess.,  ch.  5,  sec.  12. 

INDIANA  Instead  of  requiring  the  personal  ^attendance 

of  any  witness,  his  deposition  may  be  taken  at  the  instance  of  a 
party  in  any  proceeding  or  investigation  pending  before  commis- 
sion at  any  time  after  such  investigation  has  been  commenced,  or 
after  any  such  complaint  has  been  filed  and  notice  thereof  duly 
served.  Commission  may  also  order  testimony  to  be  taken  by 
deposition  in  any  proceeding  or  investigation  pending  before  it  at 
any  stage  of  such  proceeding  or  investigation.     Such  deposition 

3657  shall  be  taken,  certified  and  published  in  the  manner  now  pro- 
vided by  the  laws  of  this  state  concerning  the  procedure  in  civil 
cases,  or  in  such  other  manner  as  the  commission,  in  its  order, 
may  direct.  And  any  person  whose  deposition  is  being  so  taken 
may  be  compelled  to  appear  and  depose  and  to  produce  docu- 
mentary evidence  in  the  same  manner  as  witnesses  may  be  com- 
pelled to  appear  and  testify  and  produce  documentary  evidence 
before  commission  as  hereinbefore  provided.  Acts  igoy,  ch.  241, 
sec.  II,  as  amended  by  Acts  1911,  ch.  225,  sec.  5. 

973 


KANSAS  Commission  shall  in  all  cases  have  the  right, 

in  its  discretion,  to  issue  proper  process  and  take  depositions 

3668  instead  of  compelling  personal  attendance  of  witnesses,  as  depo- 
sitions are  taken  in  civil  cases.    Gen.  Stats,  iqoq,  sec.  yiys- 

LOUISIANA  See  par.  3514. 

MAINE  See  par.  iiii. 

MICHIGAN  Commission  or  any  party  may,  in  any  inves- 

tigation, cause  depositions  of  witnesses  residing  within  or  without 

3659  the  state  to  be  taken  in  the  manner  prescribed  by  law  for  like 
depositions  in  civil  actions  in  the  circuit  courts.  Pub.  Acts  igop, 
no.  300,  sec.  23(c). 

NEBRASKA  Testimony  may  be  taken  by  deposition  as  in 

3660  suits  at  law.     Cobbey^s  Annot.  Stats,  igog,  sec.  10650  (k). 

NEVADA  Commission  or  any  party  may,  in  the  investi- 

gation, cause  the  depositions  of  witnesses  residing  within  or  with- 

8661  out  the  state  to  be  taken  in  the  manner  prescribed  by  law  for  like 
depositions  in  civil  actions  in  district  courts.  Stats,  ipoy,  ch.  44, 
sec.  2j(6),  as  amended  by  Stats,  ipog,  ch.  121,  sec.  6. 

Commission,  or  any  party  to  any  proceeding  before  it,  may 

8668  cause  the  depositions  of  witnesses  to  be  taken  in  the  manner  pre- 
scribed by  law  for  like  depositions  in  civil  actions.  Stats,  igii, 
ch,  162,  sec.  20. 

NEW    JERSEY  Commission    may,  in   any  investigation   or 

hearing,  by  its  order  in  writing,  cause  the  depositions  of  wit- 

3663  nesses  residing  within  or  without  the  state  to  be  taken  in  such 
manner  as  it  may,  by  rule,  prescribe.     Laws  igii,  ch.  iqj,  sec.  28, \ 

NEW  MEXICO  The  testimony  of  any  witness  may  be  taken  by 

deposition,  at  the  instance  of  any  party  to  the  proceeding  of  com- 
mission, in  the  manner  as  allowed  by  law  in  civil  causes,  but 
notice  of  intention  to  apply  for  a  commission  to  take  the  answers  ] 
of  witnesses  to  interrogatories  shall  not  be  filed  with  the  clerk  of 

8664  commission  until  the  parties  affected  by  the  proceeding  in  which  \ 
such  testimony  is  desired  to  be  used  shall  have  been  served  with  \ 
the  notice  of  hearing  of  the  proceeding.     Costs  of  taking  depo- • 
sitions  and  witness  fees  shall  be  paid  by  the  party  applying  there- 
for at  the  same  rate  as  prescribed  by  the  laws  providing  for  depo- 
sitions in  civil  causes.     Laws  IQ12,  ch.  78^  sec.  6, 

974 


In  said  laws,  commission,  any  commissioner  and  the  clerk 

3665  thereof,  shall  be  substituted  for  the  district  court,  the  judge  and 
clerk  of  the  district  court,  respectively,  wherever  such  officers  or 
said  court  are  mentioned  in  such  laws.    Same. 

OHIO  In  an  investigation,  commission  or  any  party 

may  cause  the  depositions  of  witnesses  residing  within  or  without 

3666  the  state  to  be  taken  in  the  manner  prescribed  by  law  for  depo- 
sitions in  civil  actions  in  the  court  of  common  pleas.  Code  igio, 
sec.  533. 

OKLAHOMA  Commission  is  authorized  at  a  time  and  place 

fixed  by  commission  to  have  depositions  taken  upon  the  appli- 
cation of  either  party  to  any  cause  pending  before  it,  or  upon 

3667  its  own  motion;  and  it  is  further  authorized  to  designate  a 
person  to  take  depositions  under  such  rules  and  regulations  as 
may  be  prescribed  by  commission.  Sess.  Laws  igo8,  ch.  18 
art.  Hi,  sec.  g. 

OREGON  Commission  or  any  party  may  in  any  investi- 

gation cause  the  depositions  of  witnesses  residing  within  or  with- 

3668  out  the  state  to  be  taken  in  the  manner  prescribed  by  law  for  like 
depositions  in  civil  actions  in  circuit  courts.  Gen.  Laws,  igoy, 
ch.  55,  sec.  2g.    Gen.  Laws  igii,  ch.  2yg,  sec.  ^g. 

PENNSYLVANIA         Commission  may  issue  commissions  to  take 

3669  the  testimony  of  absent,  infirm,  or  waygoing  witnesses,  according 
to  the  rtdes  of  the  courts  of  equity.     Laws  igo/,  no.  250,  sec.  13. 

TENNESSEE  Commission  may  in  its  discretion  take  deposi- 

3670  tions  instead  of  compelling  personal  attendance  of.  witnesses. 
Acts  i8gy,  ch.  10,  sec.  10. 

WASHINGTON  Commission  may  take  the  testimony  of  any 

witness  by  deposition,  and  for  that  purpose  the  attendance  of 

3671  witnesses  and  the  production  of  books,  way  bills,  documents, 
papers  and  accounts  may  be  enforced  in  the  same  manner  as  in 
the  case  of  hearings  before  commission,  or  any  member  thereof. 
Laws  igii,  ch.  iiy,  sec.  yd. 

WISCONSIN  Identical  with  par.  3668.    Laws  igo^,  ch.  362, 

3672  sec.  I7g7-i3ih).    Laws  igoj,  ch.  4gg,  sec.  lygytn-jj. 

975 


C.     PROCEDURE  IN  INVESTIGATIONS  AND  PRO- 
CEEDINGS  BEFORE   COMMISSION. 

I.     Complaints. 

UNITED  STATES  Any  person,  firm,  corporation,  company,  or 
association,  or  any  mercantile,  agricultural,  or  manufacturing 
society  or  other  organization,  or  any  body  politic  or  municipal 
organization,  or  any  common  carrier,  complaining  of  anything 
done  or  omitted  to  be  done  by  any  common  carrier,  in  contraven- 
tion of  the  provisions  of  this  act,  may  apply  to  commission  by 
petition,  which  shall  briefly  state  the  facts;  whereupon  a  state- 
ment of  the  complaint  thus  made  shall  be  forwarded  by  commis- 
sion to  such  common  carrier,  who  shall  be  called  upon  to  satisfy 
the  complaint,  or  to  answer  the  same  in  writing,  within  a  reason- 

3673  able  time,  to  be  specified  by  commission.  If  such  common  carrier 
within  the  time  specified  shall  make  reparation  for  the  injury 
alleged  to  have  been  done,  the  common  carrier  shall  be  relieved  of 
liability  to  the  complainant  only  for  the  particular  violation  of 
law  thus  complained  of.  If  such  carrier  or  carriers  shall  not 
satisfy  the  complaint  within  the  time  specified,  or  there  shall 
appear  to  be  any  reasonable  ground  for  investigating  said  com- 
plaint, it  shall  be  the  duty  of  commission  to  investigate  the  mat- 
ters complained  of  in  such  manner  and  by  such  means  as  it  shall 
deem  proper.  No  complaint  shall  at  any  time  be  dismissed  be- 
cause of  the  absence  of  direct  damage  to  the  complainant.  Act 
to  Regulate  Commerce,  sec.  ij. 

ARIZONA  Complaint  may  be  made  by  commission  of  its 

own  motion  or  by  any  corporation  or  persons,  chamber  of  com- 
merce, board  of  trade,  or  any  civic,  commercial,  mercantile, 
traffic,  agricultural  or  manufacturing  association  or  organization 
or  any  body  politic  or  municipal  corporation,  by  petition  or  com- 
plaint in  writing,  setting  forth  any  act  or  thing  done  or  omitted 
to  be  done  by  any  public  service  corporation  including  any  rules, 
regulation  or  charges  heretofore  established  or  fixed  by  or  for  any 
public  service  corporation,  in  violation,  or  claimed  to  be  in  viola- 
tion, of  any  provision  of  law  or  of  any  order  or  rule  of  commission; 
provided,  that  no  complaint  shall  be  entertained  by  commission, 
except  upon  its  own  motion,  as  to  the  reasonableness  of  any  rates 
or  charges  of  any  gas,  electrical,  water  or  telephone  corporation, 
unless  the  same  be  signed  by  the  mayor  or  a  majority  of  the  coun- 
cil, commission,  or  other  legislative  body  of  the  city  or  town,  if 

976 


any,  within  which  the  alleged  violation  occurred,  or  not  less  than 
25  consumers  or  ptirchasers  or  prospective  constimers  or  pur- 
chasers, of  such  gas,  electricity,  water  or  telephone  service.  All 
matters  upon  which  complaint  may  be  founded  may  be  joined  in 
one  hearing,  and  no  motion  shall  be  entertained  against  a  com- 
plaint for  misjoinder  of  causes  of  action  or  grievances  or  mis- 
joinder or  non-joinder  of  parties  and  in  any  review  by  the  courts 

3674  of  orders  or  decisions  of  commission  the  same  rule  shall  apply  with 
regard  to  the  joinder  of  causes  and  parties  as  herein  provided. 
.  Commission  shall  not  be  required  to  dismiss  any  complaint  because 
of  the  absence  of  direct  damage  to  the  complainant.  Upon  the 
filing  of  a  complaint,  commission  shall  cause  a  copy  thereof  to  be 
served  upon  the  corporation  or  person  complained  of.  All  public 
servdce  corporations,  domestic  or  foreign,  doing,  transacting  or  so- 
liciting any  business  in  this  state,  shall  appoint  a  bona  fide  resident 
of  this  state,  who  has  been  a  resident  of  this  state  for  at  least  three 
years,  its  agent,  upon  whom  all  notices,  orders,  decrees,  charges 
and  processes,  including  service  of  summons,  may  be  served,  and 
when  so  served,  shall  be  taken  and  held  to  be  lawful  personal  serv- 
ice on  such  corporation.  Such  appointment  of  agent  shall  be 
filed  in  the  office  of  commission.  Service  may  likewise  be  had  in 
accordance  with  the  provisions  of  the  general  laws  of  this  state, 
and  may  be  made  personally  or  by  maiHng  in  a  sealed  envelope, 
registered,  with  postage  prepaid.  No  irregularity  regarding  serv- 
ice shall  be  used  by  any  public  service  corporation  as  a  groimd 
of  excuse  or  defense.  Commission  shall  fiix  the  time  when  and  the 
place  where  a  hearing  will  be  had  upon  the  complaint  and  shall 
serve  notice  thereof,  not  less  than  ten  days  before  the  time  set 
for  such  hearing,  imless  commission  shall  find  that  the  public 
necessity  requires  that  such  hearing  be  held  at  an  earlier  date. 
Sess.  Laws  igi2,  ch.  go,  sec.  60. 

Any  public  service  corporation  shall  have  a  right  to  complain 
on  any  of  the  grounds  upon  which  complaints  are  allowed  to  be 

3676  filed  by  other  parties,  and  the  same  procediire  shall  be  adopted 
and  followed  as  in  other  cases  except  that  the  complaint  may  be 
heard,  ex  parte  by  commission,  or  may  be  served  upon  any  parties 
designated  by  commission.     Same,  sec.  62. 

CALIFORNIA  Complaint  may  be  made  by  commission  of  its 

own  motion  or  by  any  corporation  or  person,  chamber  of  com- 
merce, board  of  trade,  or  any  civic,  commercial,  mercantile,  traf- 
fic, agricultural  or  manufacturing  association  or  organization  or 
any  body  politic  or  mimicipal  corporation,  by  petition  or  com- 

977 


plaint  in  writing,  setting  forth  aiiy  act  ot  thing  done  or  omitted  to 
be  done  by  any  public  utility  including  any  rule,  regulation  or 
charge  heretofore  established  or  fixed  by  or  for  any  public  utility, 
in  violation,  or  claimed  to  be  in  violation,  of  any  provision  of  law 
or  of  any  order  or  rule  of  commission;  provided,  that  no  com- 
plaint shall  be  entertained  by  commission,  except  upon  its  own 
motion,  as  to  the  reasonableness  of  any  rates  of  charges  of  any 
gas,  electrical,  water  or  telephone  corporation,  tmless  the  same 
be  signed  by  the  mayor  or  the  president  or  chairman  of  the  board 
of  trustees  or  a  majority  of  the  cotmcil,  commission,  or  other 
legislative  body  of  the  city  and  county,  or  city  or  town,  if  any, 
within  which  the  alleged  violation  occurred,  or  not  less  than  25 
consumers  or  purchasers  or  prospective  consumers  or  purchasers, 
of  such  gas,  electricity,  water  or  telephone  service.     All  matters 

3676  upon  which  complaint  may  be  founded  may  be  joined  in  one  hear- 
ing, and  no  motion  shall  be  entertained  against  a  complaint  for 
misjoinder  of  causes  of  action  or  grievances  or  misjoinder  or  non- 
joinder of  parties;  and  in  any  review  by  the  courts  of  orders  or 
decisions  of  commission  the  same  rule  shall  apply  with  regard  to 
the  joinder  of  causes  and  parties  as  herein  provided.  Commission 
shall  not  be  required  to  dismiss  any  complaint  because  of  the 
absence  of  direct  damage  to  the  complainant.  Upon  the  filing  of 
a  complaint,  commission  shall  cause  a  copy  thereof  to  be  served 
upon  the  corporation  or  person  complained  of.  Service  in  all 
hearings,  investigations  and  proceedings  pending  before  commis- 
sion may  be  made  upon  any  person  upon  whom  a  summons  may 
be  served  in  accordance  with  the  provisions  of  the  code  of  civil 
procedure  of  this  state,  and  may  be  made  personally  or  by  mailing 
in  a  sealed  envelope,  registered,  with  postage  prepaid.  Commis- 
sion shall  fix  the  time  when  and  place  where  a  hearing  will  be  had 
upon  the  complaint  and  shall  serve  notice  thereof,  not  less  than 
ten  days  before  the  time  set  for  such  hearing,  unless  commission 
shall  find  that  public  necessity  requires  that  such  hearing  be  held 
at  an  earlier  date.     Stats,  igii,  ist.  ex.  sess.,  ch.  14,  sec.  60. 

»677  Also  a  provision  identical  with  par.  3675,  except  that  "pub- 

lic service  corporation"  reads  ''public  utility."    Same,  sec.  62. 

COLORADO  Any  person,  firm,  corporation  or  association, 

or  any  mercantile,  agricultural  or  manufactiuing  society,  or  any 
body  politic  or  mimicipal  organization  or  any  common  carrier,  or 
any  shipper,  consignee  or  applicant  for  cars,  complaining  of  any- 
thing done  or  omitted  to  be  done  by  any  common  carrier,  or  in 
contravention  of  any  of  the  provisions  of  this  act,  may  apply  to 

978 


commission  by  petition  which  shall  briefly  state  the  facts,  where- 
upon a  statement  of  the  charges  thus  made  shall  be  immediately 
forwarded  by  commission  to  such  common  carrier,  who  shall  be 
called  upon  to  satisfy  the  complaint,  or  to  answer  the  same  in 
3678  writing  within  a  reasonable  time  to  be  specified  by  commission. 
If  such  common  carrier,  within  the  time  specified,  shall  make 
reparation  for  the  injury  alleged  to  be  done,  such  common  carrier 
shall  be  relieved  of  liability  to  the  complainant,  only  for  the  par- 
ticular violation  of  the  law  complained  of.  If  such  common 
carrier  shall  not  satisfy  the  complaint  within  the  time  specified, 
or  there  shall  appear  to  be  any  reasonable  groimd  for  investigat- 
ing such  complaint,  commission  shall  investigate  the  matters 
complained  of  in  such  manner  and  by  such  means  as  it  shall  deem 
proper,  and  arrive  at  a  finding  therein,  and  notify  such  common 
carrier  of  such  finding,  together  with  the  amoimt  of  damages,  if 
any,  as  provided  in  this  act,  decided  as  just  by  commission. 
Laws  1 910,  sp.  sess.y  ch.  5,  sec.  ij. 

ILLINOIS  Any  shipper,  or  any  shippers'  or  other  com- 

mercial organization  or  association,  or  any  person,  firm,  copart- 
nership, joint  stock  company  or  corporation  may  file  complaint 
with  commission  against  any  express  company  or  carrier  by 
express,  wherein  it  may  be  claimed  an  unjust  charge  has  been 
made  for  the  transportation  of  property,  merchandise,  parcels, 
packages,  money  or  other  commodity  or  things,  in  such  manner 
and  form  as  commission  may  prescribe.  And  it  shall  be  the 
duty  of  commission  to  take  cognizance  of  such  complaints  and 
to  proceed  with  a  hearing,  after  due  notification  to  the  express 

8679  company  or  carrier  by  express  so  complained  of,  in  such  manner 
as  it  may  prescribe  by  its  rules  of  practice.  At  such  hearing  or 
hearings  before  commission,  copies  of  contracts,  agreements, 
tariffs,  schedules  of  charges,  rules  and  regtilations  and  classifi- 
cations that  may  have  been  filed  with  commission  by  such 
express  company  or  carrier  by  express,  shall  be  considered 
prima  facie  evidence  of  what  they  purport  to  be.  Any  person 
or  party  interested  shall  have  the  right  of  appeal  from  the 
order  or  decision  of  commission  to  a  court  of  competent  juris- 
diction but  the  order  or  decision  of  commission  shall  prevail 
pending  such  appeal  and  the  decision  of  the  court  unless  en- 
joined or  set  aside  by  the  court.    Revisal  iqoq,  sec,  3^2. 

INDIANA  The  provisions  of  this  section  shall  be  con- 

strued to  mean  that  the  power  of  commission  extends  to  any  case 

979 


where  any  person,  firm,  corporation  or  association,  or  any  mer- 
cantile, agricultural  or  manufacturing  society,  or  any  body  politic 
or  municipal  organization,  complain  of  anything  done,  or  omitted 
to  be  done,  by  any  common  carrier,  and  shall  apply  to  commission 
by  petition,  which  shall  briefly  state  the  facts;  whereupon  a  stat 
ment  of  the  charges  thus  made  shall  be  forwarded  by  commissic 
to  such  common  carrier  who  shall  be  called  upon  to  satisfy  the 
complaint,  or  to  answer  same  in  writing  within  a  reasonable  ti 
to  be  specified  by  commission.  If  such  carrier  shall  not  satisf 
368&  the  complaint  within  the  time  specified  or  there  shall  appear  to  be 
any  reasonable  ground  for  investigating  said  complaint,  commis- 
sion shall  investigate  the  matters  complained  of,  and  no  complaint 
shall  at  any  time  be  dismissed  because  of  the  absence  of  direct 
damage  to  the  complainant.  Commission  may  after  such  inves- 
tigation make  such  corrections,  alterations,  changes  or  new  rules 
or  regtdations  or  rates  as  may  be  necessary  to  prevent  injustice 
or  discrimination  to  the  party  complaining  or  to  any  other  person, 
firm  or  corporation  provided,  that  when  any  rate,  charge,  classifi- 
cation, rule  or  regulation  shall  have  been  so  made,  changed,  modi- 
fied or  added  to  by  commission  such  order  shall  operate  for  the 
benefit  of  all  persons  or  corporations  situated  similarly  with  said 
complaining  party.     Acts  igoj,  ch.  241,  sec.  j{h). 

IOWA ,  Any  person,  firm,  corporation  or  association,  or 

any  mercantile,  agricultural  or  manufacturing  society,  or  any 
body  politic  or  municipal  organization,  complaining  of  anything 
done  or  omitted  to  be  done  by  any  common  carrier  in  contraven- 
tion of  the  provisions  of  this  act  may  appl}^  to  commission  by  peti- 
tion, briefly  stating  the  facts;  whereupon  a  copy  of  the  complaii 
with  the  damages,  if  any  are  claimed,  shall  be  forwarded  b] 
commission  to  such  carrier,  who  shall  be  requested  to  satisfy  thi 
complaint,  or  answer  the  same  in  writing  vrithin  a  reasonable 
time  to  be  fixed  by  commission.  If  such  carrier  within  the  time 
specified  shall  make  reparation  for  the  injury  alleged  to  ha^ 

3681  been  done,  or  shall  correct  the  wrong  complained  of,  it  sh^U 
relieved  of  liability  to  the  complainant  for  the  particular  violatioi 
complained  of.  If  it  shall  not  satisfy  the  complaint  within  tl 
time  fixed,  or  there  shall  appear  to  be  any  reasonable  ground  f( 
investigating  the  complaint,  commission  shall  inquire  into  th( 
matters  complained  of  in  such  manner  and  by  such  means  as  il 
shall  think  proper.  Whenever  it  has  vSufficient  reason  to  belies 
that  any  carrier  is  violating  any  of  the  provivsions  of  this  chapt 
it  shall  at  once  institute  an  inquiry,  as  though  complaint  had 

980 


made.     No  complaint  shall  at  any  time  be  dismissed  because  of 
the  absence  of  direct  damage  to  the  complainant.     Code  i8g'/, 
,  sec.  2134. 

KANSAS  Commission  shall,  upon  complaint  of  any  per- 

son, firm,  association  or  corporation,  or  the  mayor  and  council  of 
any  city,  or  the  attorney  for  commission,  setting  forth  that  the 
freight  or  passenger  tariffs  put  into  effect  by  the  railroad  com- 
pany, within  the  state,  or  any  charges  or  classifications  made  by 
such  company,  or  any  rules  or  regulations  as  to  the  handling  of 
cars,  the  running  of  trains,  or  other  matter  concerning  such  com- 
pany in  the  operation  of  its  road  within  this  state,  are  unreason- 
able, unjust,  or  discriminative,  or  violative  of  the  laws  of  Kansas, 
or  the  order  of  commission,  and  that  the  same  shotild  be  altered, 
amended,  or  changed,  to  investigate  such  tariffs,  charges,  classifi- 
cations, rules  and  regulations  or  other  matter  concerning  such 
company  in  the  operation  of  its  road  specified  in  such  complaint, 
and  forthwith  notify  the  company  complained  against  of  the  filing 
thereof,  and  dehver  to  the  general  manager,  general  attorney  or 
other  chief  officer  of  such  company  or  common  carrier  within  the 
state  a  copy  of  such  complaint,  and  shall  notify  such  company  or 
common  carrier  that  unless  the  matter  complained  of  is  rectified 
within  ten  days  from  the  date  of  service  of  such  notice  that  com- 
mission will  consider  such  complaint  at  a  time  fixed  by  commis- 
sion to  be  stated  in  such  notice,  not  exceeding  20  days  from  the 

3682  date  of  servdce  of  such  notice,  and  such  hearing  may  be  adjourned 
from  time  to  time  upon  the  order  of  commission.  Such  complaint 
shall  be  heard  and  considered  in  an  informal  manner,  without  fur- 
ther pleadings,  except  the  answers  of  said  defendants,  and  under 
such  rules  and  regulations  as  commission  may  from  time  to  time 
provide  and  order  to  secure  a  speedy  hearing  and  an  equitable 
determination  of  the  questions  involved.  Printed  copies  in  vol- 
imies  or  pamphlets  of  the  reports,  orders  or  decisions  of  the  inter- 
state commerce  commission  or  of  commissioners  of  any  other 
state,  piuporting  or  proved  to  have  been  published  by  the  author- 
ity thereof,  shall  be  admitted  as  competent  evidence  when  other- 
wise material  in  all  hearings  before  commission  or  by  the  courts 
of  this  state  in  all  actions  relating  to  the  orders  of  commission. 
The  attorney  for  commission  shall  appear  at  such  hearings  on 
behalf  of  the  party  or  parties  making  such  complaint,  and  said 
parties  may,  if  they  desire,  employ  other  coimsel  to  assist  in  the 
preparation  and  hearing  of  any  such  complaint.  Upon  such  hear- 
ing commission  shall  give  full  hearing  upon  the  matters  set  forth 

981 


in  such  complaint,  and  thereupon  find,  determine,  prescribe  and 
order  what  will  be  the  just  and  reasonable  rate  or  rates,  charge  or 
charges,  to  be  thereafter  made  and  observed  in  such  case,  and 
what  regulation,  classification  or  practice  in  respect  to  the  matters 
involved  will  be  just,  fair,  and  reasonable,  and  should  thereafter 
be  made  and  followed.    Gen.  Stats,  igog,  sec.  7196. 

MARYLAND  Complaints  may  be  made  to  commission  by 

any  person  or  corporation  aggrieved,  by  petition  or  complaint  in 
writing  setting  forth  any  thing  or  act  done  or  omitted  to  be  done 
by  any  common  carrier  or  corporation  in  violation,  or  claimed  to 
be  in  violation,  of  any  provision  or  law  or  the  terms  and  condi- 
tions of  its  franchise  or  charter,  or  of  any  order  of  commission,  or 
as  being  imfair,  imreasonable,  unjustly  discriminating  or  imduly 
preferential.  Upon  the  presentation  of  such  complaint  commis- 
sion shall  cause  a  copy  thereof  to  be  forwarded  to  the  person  or 
corporation  complained  of,  accompanied  by  an  order,  directed  to 
such  person  or  corporation,  requiring  that  the  matter  complained 

8683  of  be  satisfied,  or  that  the  charge  be  answered  in  writing  within  a 
time  to  be  specified  by  commission.  If  the  person  or  corporation 
complained  of  shall  make  reparation  for  any  injury  alleged  and 
shall  cease  to  commit  or  to  permit  the  violation  of  law,  franchise 
or  order  charged  in  the  complaint,  and  shall  notify  commission  of 
that  before  the  time  allowed  for  answer,  commission  need  take 
no  further  action  upon  the  charge.  If,  however,  the  charges  con- 
tained in  such  petition  be  not  thus  satisfied,  and  it  shall  appear  to 
commission  that  there  are  reasonable  grounds  therefor,  it  shall 
investigate  such  charges  in  such  manner  and  by  such  means  as 
it  shall  deem  proper,  and  take  such  action  within  its  power  as  the 
facts  justify.     Laws  1910,  ch.  180,  sec.  22. 

Whenever  commission  shall  investigate  any  matter  com- 
plained of  by  any  person  or  corporation  aggrieved  by  any  act  or 
omission  of  a  common  carrier  or  other  corporation  subject  to  the 

8684  provisions  of  this  act  imder  this  section,  it  shall  be  its  duty  to 
make  and  file  an  order  either  dismissing  the  petition  or  complaint 
or  directing  the  common  carrier  complained  of  to  satisfy  the  cause 
of  complaint  in  whole  or  to  the  extent  which  commission  may 
specify  and  require.     Same. 

MINNESOTA  Proceedings  before  commission  against  any 

carrier  or  public  warehouseman  shall  be  instituted  by  complaint 

8685  verified  as  a  pleading  in  a  civil  action,  stating  in  ordinary  language 
the  facts  constituting  the  alleged  omission  or  offense.    The  par- 

982 


ties  to  such  proceeding  shall  be  termed,  respectively  "com- 
plainant" and  "respondent."     Rev.  Laws  1905,  sec.  1963. 

Upon  filing  such  complaint,  if  there  appear  reasonable 
grounds  for  investigating  such  matter,  commission  shall  issue 
an  ord^r  directed  to  such  carrier  or  warehouseman,  requiring  him 

3686  to  grant  the  relief  demanded,  or  show  cause  by  answer  within  20 
days  from  the  service  of  such  notice  why  such  relief  should  not 
be  granted.  Such  order  together  with  a  copy  of  the  complaint, 
shall  forthwith  be  served  upon  the  respondent.  Same,  sec. 
1964. 

The  respondent  may  file  and  serve  by  mail  upon  the  com- 
plainant, within  20  days  after  service  of  the  order,  an  answer 
alleging  that  it  has  already  granted  the  relief  demanded,  or  set- 

3687  ting  up  any  matter  of  defense.  If  the  answer  allege  the  granting 
of  the  relief,  the  complainant  shall  within  20  days  reply  admitting 
or  denying  such  allegation.  If  he  fails  to  reply  or  admits  the 
allegation,  the  proceeding  shall  be  dismissed.     Same,  sec.  1965. 

MISSISSIPPI  Commission  shall  keep  a  docket  of   petitions 

and  complaints,  which  shall  be  entered  in  regular  order;    the 

3688  docket  shall  be  called  at  each  regvilar  meeting  of  commission  and 
the  cases  thereon  disposed  of,  or  if  necessary,  continued  until  the 
next  meeting.     Code  1906,  sec.  4832. 

In  all  cases  of  complaint  other  than  a  revision  of  its  tariffs  of 
charges  or  complaints  concerning  the  same  against  a  railroad  or 
other  common  carrier,  commission  shall  give  the  party  complained 
of  such  reasonable  notice  as  it  may  adjudge  proper,  but  not  less 

3689  than  five  days.  In  other  cases,  where  notice  is  given  or  reqtiired 
to  be,  or  is  proper  to  be  given  to  any  railroad  or  other  common 
carrier,  five  days'  notice  shall  be  sufficient;  but  where  anything 
is  required  to  be  done,  such  reasonable  time  must  be  allowed 
therefor  as  commission  shaU  deem  proper.     Same,  sec.  48 jj. 

NEBRASKA  Any  person,  firm,  corporation,  or  association, 

or  any  mercantile,  agricultural,  or  mantifacturing  society,  or  any 
body  politic  or  mimicipal  organization,  complaining  of  anything 
done  or  omitted  to  be  done  by  any  railway  company  or  common 
carrier,  relative  to  the  control  and  regulation  of  railway  companies 
or  common  carriers  under  which  commission  has  authority  to  act, 
may  apply  to  commission  by  petition,  briefly  stating  the  fact,  ex- 
cept as  to  the  fixing,  establishing  and  regulating  of  rates  and 
charges  for  the  transportation  of  freight  otherwise  provided  for 

983 


in  this  act;  whereupon  a  copy  of  the  complaint  shall  be  served 
upon  such  railway  company  or  common  carrier  in  the  same  man- 
ner as  process  in  civil  cases  is  served,  who  shall  be  required  to 
satisfy  the  complaint  or  file  a  written  answer  thereto  within  a 
reasonable  time  to  be  fixed  b}^  commission.  If  said  railway  com- 
pany or  common  carrier  shall  not  satisfy  the  complaint  within  the 
time  fixed,  and  there  shall  appear  to  be  a  reasonable  groimd  for 
investigation  of  the  complaint  upon  its  merits,  commission  shall 

8690  proceed  to  an  inquiry  and  hearing  into  the  matters  complained  of 
in  such  manner  and  by  such  means  as  it  shall  think  proper,  and 
shall  give  the  parties  thereto  written  notice  of  the  time  and  place 
for  such  hearing,  and  upon  such  hearing  commission  shall  make 
such  order  or  orders  with  respect  to  said  complaint  as  may  be 
deemed  just  and  reasonable.  Whenever  commission  has  reason 
to  believe  that  any  railway  company  or  common  carrier  is  violat- 
ing any  provisions  .of  this  act,  or  any  laws  of  this  state  relative  to 
the  control  and  regulation  of  railway  companies  or  common  car- 
riers, it  shall  at  once  institute  an  inquiry  and  fix  a  time  and  place 
for  hearing  thereon,  upon  their  own  motion,  and  shall  make  any 
order  or  orders  as  may  upon  said  hearing  be  deemed  just  and 
reasonable.  Provided,fthat  nothing  herein  shall  prevent  any  person, 
firm,  corporation  or  association,  or  any  mercantile,  agricultural 
or  manufacturing  society,  or  body  politic,  or  mimicipal  organiza- 
tion, or  persons  proceeding  against  said  railway  company  or  com- 
mon carrier  under  the  laws  of  this  state  for  such  cases  made  and 
provided.     Cobbey^s  Annot.  Stats,  iqoq,  sec.  10658. 

NEW  HAMPSHIRE  Any  person  may  make  complaint  to  commis- 
sion by  petition  setting  forth  in  writing  any  thing  or  act  claimed 
to  be  done  or  omitted  to  be  done  by  any  railroad  corporation  in 
violation  of  any  provision  of  law  or  of  the  terms  and  conditions  of 
its  franchises  or  charter  or  of  any  order  of  commission.  There- 
upon commission  shall  cause  a  copy  of  said  complaint  to  be  for- 
warded to  the  railroad  corporation  complained  of  which  may  be 
accompanied  by  an  order,  requiring  that  the  matters  complained 
of  be  satisfied,  or  that  the  charges  be  answered  in  writing  within  a 
time  to  be  specified  by  commission.     If  the  railroad  corporation 

8691  complained  of  shall  make  reparation  for  any  injury  alleged  and 
shall  cease  to  commit  or  to  permit  the  violation  of  law,  franchise 
or  order  charged  in  the  complaint,  and  shall  notify  commission 
of  that  fact  before  the  time  allowed  for  answer,  commission  shall 
not  be  required  to  take  any  further  action  upon  the  charges.  If, 
however,  said  charges  be  not  thus  satisfied,  and  it  shall  appear  to 


98^4 


I 


commission  that  there  are  reasonable  grotinds  therefor,  it  shall 
investigate  such  charges  in  such  manner  and  by  such  means  as  it 
shall  deem  proper,  and  after  notice  and  hearing  take  such  action 
within  its  powers  as  the  facts  justify.  Laws  igii,  ch.  164,  sec. 
10(a). 

NEW  MEXICO  Any   person,    firm,    corporation,    association, 

chamber  of  commerce,  board  of  trade  or  any  commercial,  mer- 
cantile, agricultural,  mining,  manufacturing  or  other  organiza- 
tion or  common  carrier  complaining  of  any  charge  or  rate  of  any 
railway,  express,  telegraph,  telephone,  sleeping  car,  transporta- 
tion or  transmission  company  or  common  carrier  within  this 

3692  state  or  having  any  grievance  against  any  railway  company, 
transportation  company  or  common  carrier  as  to  any  matter, 
may  initiate  a  proceeding  before  commission  by  petition  or  letter 
to  obtain  such  relief  as  is  within  the  powers  of  commission  to 
grant.  Such  letter  shall  also  be  known  as  a  petition,  and  a  com- 
plaint of  any  charge  or  rate  shall  be  known  as  a  grievance.  Com- 
mission may  also,  of  its  own  motion,  initiate  a  proceeding  as  to 
any  such  matters.     Laws  igi2,  ch.  yS,  sec.  2. 

The  petition  shall  set  forth  the  facts  constituting  the  griev- 
ance and  shall  contain  a  prayer  for  the  relief  demanded.     Any 

3693  party,  other  than  commission,  initiating  such  proceeding  shall  be 
known  as  the  petitioner,  and  the  party  or  parties  complained  of 
and  any  party  concerned  therein  other  than  commission  or  the 
petitioner,  shall  be  known  as  the  defendant.     Same. 

Any  person,  firm,  corporation,  association,  chamber  of  com- 
merce, board  of  trade  or  any  commercial,  mercantile,  agricul- 
tural, mining,  manufacturing,  or  other  organization  or  common 
carrier  not  parties  may  apply  for  leave  to  intervene  in  any  pro- 

3694  ceeding  and  shall  be  heard  therein  and  shall  be  known  as  an  inter- 
venor.  Such  intervention  shall  set  forth  the  intervenor's  interest 
in  the  proceeding.  Leave  granted  in  such  application  shall  en- 
title the  intervenor  to  appear  and  be  treated  in  all  respects  as  a 
party  to  the  proceeding.      Same. 

NEW  YORK  Complaints  may  be  made  to  the  proper  com- 

mission by  any  person  or  corporation  aggrieved,  by  petition  or 
complaint  in  writing  setting  forth  any  thing  or  act  done  or  omitted 
to  be  done  by  any  common  carrier,  railroad  corporatoin  or  street 
railroad  corporation  in  violation,  or  claimed  to  be  in  violation,  of 
any  provision  of  law  or  of  the  terms  and  conditions  of  its  franchise 

935 


